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Alberta Regulation 196/2013
Civil Enforcement Act
CIVIL ENFORCEMENT AMENDMENT REGULATION
Filed: November 6, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 343/2013) 
on November 6, 2013 pursuant to section 106 of the Civil Enforcement Act. 
1   The Civil Enforcement Regulation (AR 276/95) is 
amended by this Regulation.

2   Section 62 is amended by striking out "December 31, 2013" 
and substituting "December 31, 2015".


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Alberta Regulation 197/2013
Judgment Interest Act
JUDGMENT INTEREST AMENDMENT ACT
Filed: November 6, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 344/2013) 
on November 6, 2013 pursuant to section 4 of the Judgment Interest Act. 
1   The Judgment Interest Regulation (AR 215/2011) is 
amended by this Regulation.

2   Section 1 is amended by adding the following after 
clause (u):
	(v)	the interest rate from January 1, 2014 to December 31, 2014 
is prescribed at 1.10% per year.



Alberta Regulation 198/2013
Adult Adoption Act
ADULT ADOPTION AMENDMENT REGULATION
Filed: November 6, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 346/2013) 
on November 6, 2013 pursuant to section 13 of the Adult Adoption Act. 
1   The Adult Adoption Regulation (AR 246/98) is amended 
by this Regulation.

2   Section 4 is amended by striking out "November 30, 2013" 
and substituting "November 30, 2021".

3   Form 4 is amended by striking out "reasons for the adoption 
are valid and acceptable" and substituting "adoption is not contrary 
to the public interest".


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Alberta Regulation 199/2013
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN (2013 
CONTRIBUTION RATE INCREASE) 
AMENDMENT REGULATION
Filed: November 6, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 348/2013) 
on November 6, 2013 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 "11.16%" and 
substituting "12.80%".

3   Section 15(1) is amended by striking out "19.14%" and 
substituting "21.85%".

4   This Regulation comes into force on January 1, 2014.



Alberta Regulation 200/2013
Film and Video Classification Act
FILM AND VIDEO CLASSIFICATION (EXTENSION OF 
EXPIRY DATE) AMENDMENT REGULATION
Filed: November 6, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 356/2013) 
on November 6, 2013 pursuant to section 19 of the Film and Video Classification Act. 
1   The Film and Video Classification Regulation 
(AR 263/2009) is amended by this Regulation.

2   Section 12 is amended by striking out "November 30, 2013" 
and substituting "November 30, 2014".


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Alberta Regulation 201/2013
Responsible Energy Development Act
SPECIFIED ENACTMENTS (JURISDICTION) REGULATION
Filed: November 6, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 358/2013) 
on November 6, 2013 pursuant to section 26 of the Responsible Energy Development 
Act. 
Table of Contents
	1	Definitions
	2	Limitation, modification, substitution or inapplicability
	3	Title and interest of the Crown
	4	Specified enactment regulation-making authority
	5	Specified enactments not applicable
	6	Application of section 25 and Division 4 of Part 1 of the Act
	7	Description of an official
	8	Corporate officer or director not official
	9	Reference to document published by department
	10	Reference to government or Crown of another jurisdiction
	11	Individual as official
	12	Exception of officials' powers, duties and functions
	13	Exception of department, Crown or Government 
powers, duties and functions
	14	Ministerial powers, duties and functions
	15	Shared powers, duties and functions of the Minister
	16	Shared powers, duties and functions of officials
	17	Shared powers, duties and functions of department, 
 Crown or Government
	18	Powers, duties and functions respecting activities conducted 
in conjunction with energy resource activities
	19	Modification of provisions
	20	Transition respecting matters completed under Part 8 of the Mines 
and Minerals Act or Public Lands Act
	21	Transition respecting applications, proceedings or other matters 
commenced under Part 8 of the Mines and Minerals Act or  
Public Lands Act
	22	Transition respecting money owing under Part 8 of the Mines and 
Minerals Act or Public Lands Act
	23	Transition respecting forfeiture of property seized under Part 8 of  
the Mines and Minerals Act or Public Lands Act
	24	Transition respecting matters completed under the Environmental 
Protection and Enhancement Act or Water Act
	25	Transition respecting applications, proceedings or other matters 
commenced under the Environmental Protection and  
Enhancement Act or Water Act
	26	Transition respecting money owing under the Environmental 
Protection and Enhancement Act or Water Act
	27	Transition respecting forfeiture of property seized under the 
Environmental Protection and Enhancement Act or Water Act
	28	Expiry
	29	Coming into force 
 
Schedules
Definitions
1   In this Regulation,
	(a)		"Act" means the Responsible Energy Development Act;
	(b)		"its regulation and rules" means the Responsible Energy 
Development Act General Regulation (AR 90/2013) and the 
Alberta Energy Regulator Rules of Practice (AR 99/2013);
	(c)	"Regulator" means the Alberta Energy Regulator established 
by the Act.
Limitation, modification, substitution or inapplicability
2   In respect of an energy resource activity, for the purposes of giving 
effect to or limiting the carrying out by the Regulator of a power, duty 
or function referred to in section 24 of the Act, the provisions of the 
specified enactments are limited, modified, substituted or made 
inapplicable to the extent set out in sections 5 to 27 of this Regulation.
Title and interest of the Crown
3(1)  Nothing in this Regulation affects the right, title and interest of 
the Crown as owner of public land.
(2)  Nothing in this Regulation affects the property in and the right to 
the diversion and use of all water in the Province that is vested in the 
Crown.
Specified enactment regulation-making authority
4   Nothing in this Regulation affects the regulation-making provisions 
or authorities in the specified enactments.
Specified enactments not applicable
5   The specified enactments, portions and provisions of specified 
enactments and matters set out in Schedules 1 and 2 do not apply to the 
Regulator, and the Regulator 
	(a)	has no powers, duties or functions, and 
	(b)	does not carry out administration 
in respect of those specified enactments, portions, provisions and 
matters in respect of an energy resource activity.
Application of section 25 and Division 4 of Part 1 of the Act
6(1)  For the purposes of section 25 of the Act, in respect of an energy 
resource activity
	(a)	Part 8 of the Mines and Minerals Act continues to apply 
instead of Divisions 1, 2 and 3 of Part 2 and section 44(2) of 
the Act, in respect of an approval in respect of Part 8 of the 
Mines and Minerals Act,
	(b)	section 12 of the Exploration Regulation (AR 284/2006) 
continues to apply instead of Divisions 2 and 3 of Part 2 of 
the Act,
	(c)	section 121 of the Public Lands Act, as modified by this 
Regulation, continues to apply for the purposes of section 
36(a)(iii) of the Act, 
	(d)	Part 5 of the Public Lands Administration Regulation 
(AR 187/2011) continues to apply,
	(e)	sections 209(l), 211(a) to (d) and (g) to (n) and 212(1), (2) 
and (4) of the Public Lands Administration Regulation 
(AR 187/2011), continue to apply for the purposes of section 
36(a)(iii) of the Act, 
	(f)	section 91 of the Environmental Protection and 
Enhancement Act, as modified by this Regulation, continues 
to apply for the purposes of section 36(a)(i) of the Act, and 
	(g)	section 115 of the Water Act, as modified by this Regulation, 
continues to apply for the purposes of section 36(a)(ii) of the 
Act.
(2)  For greater certainty, for the purposes of section 25 of the Act and 
of carrying out the purposes of Division 4 of Part 1 of the Act, in 
respect of an energy resource activity, the matters and circumstances in 
the provisions of specified enactments set out in Schedules 3 and 4 
must be considered, heard, reviewed or appealed in accordance with 
the Act and its regulations and rules.
Description of an official
7   For the purposes of section 23 of the Act, 
	(a)	the Minister as referred to in 
	(i)	Part 8 of the Mines and Minerals Act,
	(ii)	the Exploration Regulation (AR 284/2006), and
	(iii)	section 4(1) of the Exploration Dispute Resolution 
Regulation (AR 227/2003)
		is an official in respect of the powers, duties and functions of 
or references to the Minister set out in those enactments, and
	(b)	a "relevant Department authority" referred to in the 
Exploration Regulation (AR 284/2006) is an official in 
respect of the powers, duties and functions of or references to 
a relevant Department authority set out in that enactment.
Corporate officer or director not official
8   For the purposes of section 23 of the Act, in a specified enactment,
	(a)	"director" does not include a director of a corporation, and
	(b)	 "officer" does not include an officer of a corporation.
Reference to document published by department
9   In a specified enactment, a reference to a document published by a 
department is not a reference to a document published by the 
Regulator. 
Reference to government or Crown of another jurisdiction
10   In a specified enactment, a reference to a government of another 
jurisdiction or to the Crown in right of Canada is not a reference to the 
Regulator.
Individual as official
11   Where the context requires, "inspector", "investigator", "officer", 
"director" or any other official named in a specified enactment refers 
to the individual authorized by the board under section 6(2) of the Act 
to carry out the powers, duties or functions of the named official.
Exception of officials' powers, duties and functions
12   In the provisions of the specified enactments set out in Part 1 of 
Schedules 5 and 6, the powers, duties and functions of officials are not 
to be carried out by the Regulator in respect of an energy resource 
activity, and the references to the officials in those provisions are not 
references to the Regulator.
Exception of department, Crown or Government powers,  
duties and functions
13   In the provisions of the specified enactments set out in Part 2 of 
Schedules 5 and 6, the powers, duties and functions of a department, 
the Crown or Government are not to be carried out by the Regulator in 
respect of an energy resource activity, and the references to the 
department, Crown or Government in those provisions are not 
references to the Regulator. 
Ministerial powers, duties and functions 
14   In the provisions of the specified enactments set out in Part 3 of 
Schedules 5 and 6, the powers, duties and functions of the Minister are 
to be carried out by the Regulator instead of the Minister in respect of 
an energy resource activity, and the references to the Minister in those 
provisions are references to the Regulator.
Shared powers, duties and functions of the Minister
15   In the provisions of the specified enactments set out in Part 4 of 
Schedules 5 and 6, the powers, duties and functions of the Minister in 
respect of an energy resource activity may be carried out by either the 
Minister or the Regulator, and the references to the Minister in those 
provisions are references to either the Minister or the Regulator.
Shared powers, duties and functions of officials
16   In the provisions of the specified enactments set out in Part 5 of 
Schedules 5 and 6, the powers, duties and functions of officials in 
respect of an energy resource activity may be carried out by either the 
named official or the Regulator, and the references to the official in 
those provisions are references to either the named official or the 
Regulator.
Shared powers, duties and functions of the department, 
Crown or Government
17   In the provisions of the specified enactments set out in Part 6 of 
Schedules 5 and 6, the powers, duties and functions of a department, 
the Crown or Government in respect of an energy resource activity 
may be carried out either by the department, the Crown or Government 
or by the Regulator, and the references to the department, the Crown or 
Government are references either to the department, the Crown or 
Government or to the Regulator.
Powers, duties and functions respecting activities conducted  
in conjunction with energy resource activities
18   The Regulator is to carry out the powers, duties and functions of
	(a)	the Director under section 52(2) and (3) of the Water Act, and
	(b)	the Director under
	(i)	section 82(6) of the Water Act, and
	(ii)	section 51(2) as exercised in conjunction with section 
83(3) of the Water Act,
in respect of an approval for an activity that is not an energy resource 
activity, to the extent that the exercise of the powers, duties and 
functions is necessary for the purposes of an energy resource activity.
Modification of provisions
19(1)  In respect of an energy resource activity, the following 
provisions of the Exploration Regulation (AR 284/2006) are modified 
as specified:
	(a)	section 6(2) is to be read as if "In the designation of an 
inspector the Minister may authorize the inspector to do any 
or all of the following in the area of Alberta for which he or 
she is designated" were struck out and "An inspector may do 
any or all of the following" were substituted;
	(b)	section 6(3) is to be read as if ", in the area of Alberta for 
which he or she is designated," were struck out.
(2)  In respect of an energy resource activity, the following provisions 
of the Public Lands Act are modified as specified:
	(a)	section 39(3) is to be read as if "at Edmonton" were struck 
out;
	(b)	section 59.2(3) is to be read as if "appeal to an appeal body" 
were struck out and "request a regulatory appeal in 
accordance with the Responsible Energy Development Act 
and its regulations and rules" were substituted;
	(c)	section 71.4(5)(c) is to be read as if "into the General 
Revenue Fund" were struck out and "to the Alberta Energy 
Regulator" were substituted;
	(d)	section 121(1) is to be read as if the subsection were repealed 
and the following were substituted:
121(1)  A notice of appeal of a prescribed decision may be 
submitted by a prescribed person in accordance with the 
Responsible Energy Development Act and its regulations 
and rules. 
(3)  In respect of an energy resource activity, the following provisions 
of the Public Lands Administration Regulation (AR 187/2011) are 
modified as specified:
	(a)	section 48(2) is to be read as if ", with the approval of the 
director," were struck out;
	(b)	section 96(2)(b) is to be read as if "an appeal body under Part 
10" were struck out and "the Alberta Energy Regulator" were 
substituted.
(4)  In respect of an energy resource activity, the following provisions 
of the Environmental Protection and Enhancement Act are modified as 
specified:
	(a)	section 28 is to be read as if the section were repealed and the 
following were substituted:
28(1)  The Alberta Energy Regulator shall provide an 
inspector or investigator with an identification card.
(2)  An inspector or investigator shall, on request on entering 
any place, produce an identification card and explain the nature 
of the powers or duties the inspector or investigator wishes to 
carry out.
	(b)	section 35(1) is to be read
	(i)	in clause (a)(iii) as if paragraph (A) were struck out and 
the following were substituted:
	(A)	an applicant for an approval or a registration;
	(ii)	in clause (b) as if subclauses (ii) and (iii) were repealed;
	(c)	section 68(4) is to be read as if "the Alberta Energy 
Regulator," were struck out wherever it occurs;
	(d)	section 91(1) is to be read as if
	(i)	"to the Board" were struck out;
	(ii)	in clause (a)(i) 
	(A)	"section 73" were struck out and "the Responsible 
Energy Development Act and its regulations and 
rules" were substituted;
	(B)	"section 72(1) or (2), or" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules;" were substituted;
	(iii)	clause (a)(ii) were repealed;
	(iv)	clause (d) were repealed;
	(v)	in clause (i), "section 145" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(vi)	in clause (o), "section 35(6)" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(e)		section 237(4) is to be read as if "to the Environmental 
Appeals Board" were struck out;
	(f)	section 247(2) is to be read as if "Director" were struck out 
and "Alberta Energy Regulator or the Alberta Energy 
Regulator and the Director, as the case may be," were 
substituted.
(5)  In respect of an energy resource activity, the Administrative 
Penalty Regulation (AR 23/2003) is modified in section 2(2)(d) to be 
read as if "to the Environmental Appeal Board" were struck out.
(6)  In respect of an energy resource activity, the following provision 
of the Approvals and Registrations Procedure Regulation (AR 113/93) 
are modified as specified:
	(a)	section 3(1)(d) is to be read as if "the Alberta Energy 
Regulator or" were struck out;
	(b)	section 8 is to be read as if "section 73 of the Act" were 
struck out and "the Responsible Energy Development Act and 
its regulations and rules" were substituted.
(7)  In respect of an energy resource activity, the following provisions 
of the Conservation and Reclamation Regulation (AR 115/93) are 
modified as specified:
	(a)	section 10 is to be read as if "Director" were struck out and 
"Alberta Energy Regulator or the Alberta Energy Regulator 
and the Director, as the case may be," were substituted;
	(b)	section 21(b) and (c) are to be read as if "President of 
Treasury Board and Minister of Finance" were struck out 
wherever it occurs and "Alberta Energy Regulator" were 
substituted;
	(c)	section 24 is to be read as if
	(i)	subsection (3) were repealed and the following were 
substituted:
(3)  The Alberta Energy Regulator shall use security 
forfeited under subsection (1) to carry out the 
conservation and reclamation of the specified land in 
accordance with the Act and the regulations.
	(ii)	in subsection (5), "President of Treasury Board and the 
Minister of Finance shall on the direction of the 
Minister" were struck out and "Alberta Energy 
Regulator shall" were substituted.
(8)  In respect of an energy resource activity, the Environmental 
Protection and Enhancement (Miscellaneous) Regulation (AR 118/93), 
is modified in section 6 to be read as if "in the Environmental 
Protection Security Fund" were struck out and "held by the Alberta 
Energy Regulator" were substituted.
(9)  In respect of an energy resource activity, the Waste Control 
Regulation (AR 192/96) is modified in the following provisions as 
specified:
	(a)	sections 15(1) and 21 are to be read as if "for the purposes of 
importation to an approved oilfield waste management 
facility" were added after "Minister";
	(b)	section 25(3) is to be read as if "or Class I or Class II 
compost facility" were struck out;
	(c)	section 30(b) and (c) are to be read as if "President of 
Treasury Board and Minister of Finance" were struck out and 
"Alberta Energy Regulator" were substituted;
	(d)	section 33 is modified to be read as if
	(i)	subsection (3) were repealed and the following were 
substituted:
(3)  The Alberta Energy Regulator shall use security 
forfeited under subsection (1) to carry out the conservation 
and reclamation of the specified land in accordance with 
the Act and the regulations. 
	(ii)	in subsection (5), "President of Treasury Board and 
Minister of Finance shall on the direction of the 
Minister" were struck out and "Alberta Energy 
Regulator shall" were substituted.
(10)  In respect of an energy resource activity, the following provisions 
of the Water Act are modified as specified:
	(a)	section 31(2) is to be read as if it were repealed and the 
following were substituted:
(2)  In the case of a dispute as to the capacity of a licensee's 
works, an inspector may inspect and report on the works.
	(b)	the following provisions are to be read as if "Parts 8 and 9" 
were struck out and "section 115 and the Responsible Energy 
Development Act and its regulations and rules" were 
substituted:
		sections 41(3), 42(5), 54(5) and 70(4);
	(c)	section 98 is to be read as if "Director" were struck out and 
"Alberta Energy Regulator or the Alberta Energy Regulator 
and the Director, as the case may be," were substituted;
	(d)	section 115(1) is to be read as if
	(i)	"to the Environmental Appeals Board" were struck out 
and "in accordance with the Responsible Energy 
Development Act and its regulations and rules" were 
substituted;
	(ii)	in clause (a)(i),
	(A)	"section 109" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(B)	"section 108" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(iii)	in clause (b)(i),
	(A)	"section 109" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(B)	"section 108" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(iv)	in clause (c)(i),
	(A)	"section 109" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(B)	"section 108" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(v)	in clause (i), "section 109" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(vi)	in clause (r) "section 109" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(e)	section 142(1) is to be read as if
	(i)	in clause (f), "section 111(2)(b)" were struck out and 
"the Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(ii)	in clause (q), "section 108(1)" were struck out and "the 
Responsible Energy Development Act and its 
regulations and rules" were substituted;
	(f)	section 152(3) is to be read as if "to the Environmental 
Appeals Board" were struck out and "under section 38 of the 
Responsible Energy Development Act" were substituted;
	(g)	section 165 is to read as if it were repealed and the following 
were substituted:
165   All money deposited with the Alberta Energy Regulator 
as security in respect of security required to be provided under 
section 44 or 57 must be held by the Alberta Energy Regulator.
(11)  In respect of an energy resource activity, the Water (Offences and 
Penalties) Regulation (AR 193/98) is modified in section 4(2)(d) to be 
read as if "to the Environmental Appeal Board under section 115(1)(q) 
of the Act" were struck out and "under section 38 of the Responsible 
Energy Development Act" were substituted.
Transition respecting matters completed under Part 8 of the Mines and 
Minerals Act or Public Lands Act
20(1)  This section applies in respect of an energy resource activity to 
a matter under Part 8 of the Mines and Minerals Act and its regulations 
or the Public Lands Act and its regulations that was completed before 
the coming into force of section 1(1)(s)(ii) and (iv) of the Act and 
section 1(1)(s)(v) of the Act in respect of those specified enactments.
(2)  An approval, order, direction or other decision, determination or 
instrument made or issued, except in respect of a matter or activity 
referred to in section 5, is deemed to be an approval, order, direction, 
decision, determination or instrument of the Regulator and continues to 
have effect according to its terms until it expires or is amended or 
cancelled by the Regulator. 
(3)  A notice, including, but not limited to a public notice, notice of 
application, a notice of proposed decision, notice of proposed action, 
notice of decision, notice of administrative penalty or notice of appeal, 
that was submitted, made, provided, served or registered, as the case 
may be, is deemed to be a notice for the purposes of the Act and its 
regulations and rules.
(4)  Where a public notice or notice of application was not required or 
the requirement was waived under the specified enactment, no public 
notice or notice of application, as the case may be, is required.
(5)  Information submitted to an official or department in relation to an 
application or approval or enforcement action is deemed to be 
information submitted to the Regulator.
(6)  A written request for written reasons submitted in accordance with 
section 10(5) of the Public Lands Administration Regulation 
(AR 187/2011) continues as a request to the decision maker who made 
the decision and shall be completed in accordance with the Public 
Lands Administration Regulation (AR 187/2011).
(7)  If the time period for submission of a notice of appeal has 
commenced, the remaining time continues as the time period for 
submission of a request for regulatory appeal under the Act and its 
regulations and rules.
(8)  If the time period under section 28(1) of the Public Lands Act for 
making an application for reinstatement of a disposition has 
commenced, the remaining time continues as the time period for 
making an application to the Regulator for reinstatement of the 
disposition.
Transition respecting applications, proceedings or other  
matters commenced under Part 8 of the Mines and Minerals 
Act or Public Lands Act
21(1)  This section applies to an application, proceeding or other 
matter in respect of an energy resource activity that was commenced 
under Part 8 the Mines and Minerals Act and its regulations or the 
Public Lands Act and its regulations before the coming into force of 
section 1(1)(s)(ii) and(iv) of the Act and section 1(1)(s)(v) of the Act 
in respect of those specified enactments, but that was not completed 
before those provisions of the Act come into force.
(2)  An application, proceeding or other matter, except an appeal, 
review or reconsideration, that was submitted or commenced, as the 
case may be, is deemed to be an application, proceeding or matter 
under the Act and shall be continued by the Regulator and completed 
in accordance with the Act and its regulations and rules.
(3)  Where a required public notice or notice of application was not 
given, the Regulator shall give notice in accordance with the Act and 
its regulations and rules.
(4)  Where a decision was made, but no notice of decision was made, 
provided, served or registered, as the case may be, the Regulator shall 
give a notice of decision in accordance with the Act and its regulations 
and rules.
(5)  An appeal or reconsideration under the Public Lands Act shall be 
continued by the Public Lands Appeal Board and shall be completed in 
accordance with the Public Lands Act and its regulations.
(6)  A review of a decision commenced under section 12(1) of the 
Exploration Regulation (AR 284/2006) shall be continued by the 
Regulator and shall be completed in accordance with Part 8 of the 
Mines and Minerals Act and the Exploration Regulation 
(AR 284/2006).
(7)  An inspection, audit, investigation or other action or decision 
respecting a compliance or enforcement matter shall be continued by 
the Regulator.
(8)  If publication of particulars of an enforcement action taken under 
the specified enactment has not occurred, the Regulator shall publish 
the particulars in accordance with section 76 of the Act.
(9)  For the purposes of section 5 of the Responsible Energy 
Development Act General Regulation (AR 90/2013) and section 
45(2)(a) of the Act, for any decision made under the specified 
enactment within one month before the coming into force of the 
sections of the Act referred to in subsection (1), the date on which the 
decision was made is deemed to be the date on which those sections of 
the Act come into force.
(10)  A reinstatement hearing in respect of a disposition shall be 
continued by the panel convened for that hearing and completed in 
accordance with the Public Lands Administration Regulation 
(AR 187/2011).
(11)  Despite section 20(2), a decision of an official, a department or 
the Crown, as the case may be, under Part 8 of the Mines and Minerals 
Act or the Public Lands Act in respect of an energy resource activity 
continues as a decision of the official, department or Crown for the 
purposes of a judicial review, appeal or other matter commenced in the 
Court of Queen's Bench, Court of Appeal or Supreme Court of 
Canada, as the case may be.
(12)  If a matter has been referred back for reconsideration or further 
consideration and redetermination, the Regulator shall continue or 
conduct the reconsideration or further consideration and 
redetermination in accordance with the Act and its regulations and 
rules.
Transition respecting money owing under Part 8 of the  
Mines and Minerals Act or Public Lands Act
22(1)  Any money owing at the time of the coming into force of 
section 1(1)(s)(ii) and (iv) of the Act and section 1(1)(s)(v) of the Act 
in respect of those specified enactments for a fee or administrative 
penalty in respect of an energy resource activity under Part 8 of the 
Mines and Minerals Act and its regulations or the Public Lands Act 
and its regulations remains payable to the party to whom it was 
payable.
(2)  Any money owing at the time of the coming into force of section 
1(1)(s)(ii) and (iv) of the Act and section 1(1)(s)(v) of the Act in 
respect of those specified enactments in respect of an energy resource 
activity for the cost of work done under Part 8 of the Mines and 
Minerals Act and its regulations or the Public Lands Act and its 
regulations remains payable in accordance with the specified 
enactment.
Transition respecting forfeiture of property seized under 
Part 8 of the Mines and Minerals Act or Public Lands Act
23   The court may order the forfeiture to either the Government or the 
Regulator of any thing seized under Part 8 of the Mines and Minerals 
Act and its regulations or the Public Lands Act and its regulations 
before the coming into force of section 1(1)(s)(ii) and (iv) of the Act 
and section 1(1)(s)(v) of the Act in respect of those specified 
enactments relating to the conviction of an offence under a specified 
enactment after the coming into force of section 1(1)(s)(ii) and (iv) of 
the Act and section 1(1)(s)(v) of the Act in respect of those specified 
enactments in respect of an energy resource activity.
Transition respecting matters completed under the Environmental 
Protection and Enhancement Act or Water Act
24(1)  This section applies in respect of an energy resource activity to 
a matter under the Environmental Protection and Enhancement Act 
and its regulations or the Water Act and its regulations that was 
completed before the coming into force of section 1(1)(s)(i) and (iii) of 
the Act and section 1(1)(s)(v) of the Act in respect of those specified 
enactments.
(2)  An approval, order, direction or other decision, determination or 
instrument made or issued, except in respect of a matter or activity 
referred to in section 5, is deemed to be an approval, order, direction, 
decision, determination or instrument of the Regulator and continues to 
have effect according to its terms until it expires or is amended or 
cancelled by the Regulator.
(3)  A statement of concern or a notice, including but not limited to, a 
public notice, a notice of application, notice of proposed decision, 
notice of proposed action, notice of decision, notice of administrative 
penalty or notice of appeal, that was submitted, made, provided, served 
or registered, as the case may be, is deemed to be a statement of 
concern or a notice for the purposes of the Act and its regulations and 
rules.
(4)  Where a public notice or notice of application was not required or 
the requirement was waived under the specified enactment, no public 
notice or notice of application, as the case may be, is required.
(5)  A notice or notification of an activity submitted in accordance with 
the Environmental Protection and Enhancement Act or the Water Act 
is deemed to be a notice or notification, as the case may be, to the 
Regulator.
(6)  Information submitted to an official or department in relation to an 
application, approval or enforcement action is deemed to be 
information submitted to the Regulator.
(7)  If the time period for submission of a notice of appeal has 
commenced, the remaining time continues as the time period for 
submission of a request for regulatory appeal under the Act and its 
regulations and rules.
Transition respecting applications, proceedings or other  
matters commenced under the Environmental Protection  
and Enhancement Act or Water Act
25(1)  This section applies to an application, proceeding or other 
matter in respect of an energy resource activity that was commenced 
under the Environmental Protection and Enhancement Act and its 
regulations or the Water Act and its regulations before the coming into 
force of section 1(1)(s)(i) and (iii) of the Act and section 1(1)(s)(v) of 
the Act in respect of those specified enactments, but that was not 
completed before those provisions of the Act come into force.
(2)  An application, proceeding or other matter, except an appeal, 
reconsideration or public review, that was submitted or commenced, as 
the case may be, is deemed to be an application, proceeding or matter 
under the Act and shall be continued by the Regulator and completed 
in accordance with the Act and its regulations and rules.
(3)  Where a required public notice or notice of application was not 
given, the Regulator shall give notice in accordance with the Act and 
its regulations and rules.
(4)  Where a decision was made, but no notice of decision was made, 
provided, served or registered, as the case may be, a notice of decision 
shall be given in accordance with the Act and its regulations and rules. 
(5)  If the time period for submission of a notice of appeal has 
commenced, the remaining time continues as the time period for 
submission of a request for regulatory appeal under the Act and its 
regulations and rules.
(6)  An appeal or reconsideration shall be continued by the 
Environmental Appeals Board and shall be completed in accordance 
with the specified enactment under which the appeal or reconsideration 
was commenced. 
(7)  A public review continues in accordance with the specified 
enactment under which it was commenced.
(8)  An inspection, audit, investigation or other action respecting a 
compliance or enforcement matter shall be continued by the Regulator.
(9)  If publication of particulars of an enforcement action taken under 
the specified enactment has not occurred, the Regulator shall publish 
the particulars in accordance with section 76 of the Act.
(10)  For the purposes of section 5 of the Responsible Energy 
Development Act General Regulation (AR 90/2013) and section 
45(2)(a) of the Act, for any decision made under the specified 
enactment within one month prior to the coming into force of the 
sections of the Act referred to in subsection (1), the date on which the 
decision was made is deemed to be the date on which those sections of 
the Act come into force.
(11)  Despite section 24(2), a decision of an official, a department or 
the Crown, as the case may be, under the Environmental Protection 
and Enhancement Act or the Water Act in respect of an energy 
resource activity continues as a decision of the official, department or 
Crown for the purposes of a judicial review, appeal or other matter 
commenced in the Court of Queen's Bench, Court of Appeal or 
Supreme Court of Canada, as the case may be.
(12)  If a matter has been referred back for reconsideration or further 
consideration and redetermination, the Regulator shall continue or 
conduct the reconsideration or further consideration and 
redetermination in accordance with the Act and its regulations and 
rules.
Transition respecting money owing under the Environmental Protection 
and Enhancement Act or Water Act
26(1)  Any money owing at the time of the coming into force of 
section 1(1)(s)(i) and (iii) of the Act and section 1(1)(s)(v) of the Act 
in respect of those specified enactments for a fee or an administrative 
penalty in respect of an energy resource activity under the 
Environmental Protection and Enhancement Act and its regulations or 
the Water Act and its regulations remains payable to the party to whom 
it was payable.
(2)  Any money owing at the time of the coming into force of section 
1(1)(s)(i) and (iii) of the Act and section 1(1)(s)(v) of the Act in 
respect of those specified enactments in respect of an energy resource 
activity for the cost of work done under the Environmental Protection 
and Enhancement Act and its regulations or the Water Act and its 
regulations remains payable in accordance with the specified 
enactment.
Transition respecting forfeiture of property seized under the 
Environmental Protection and Enhancement Act or Water Act
27   The court may order the forfeiture to either the Government or the 
Regulator of any thing seized under the Environmental Protection and 
Enhancement Act and its regulations or the Water Act and its 
regulations before the coming into force of section 1(1)(s)(i) and (iii) 
of the Act and section 1(1)(s)(v) of the Act in respect of those specified 
enactments relating to the conviction of an offence under a specified 
enactment after the coming into force of section 1(1)(s)(ii) and (iv) of 
the Act and section 1(1)(s)(v) of the Act in respect of those specified 
enactments in respect of an energy resource activity.
Expiry
28   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 29, 2023.
Coming into force
29(1)  This Regulation, except sections 6(1)(f) and (g), 18, 19(4) to 
(11) and 24 to 27 and Schedules 2, 4 and 6 comes into force on the 
coming into force of section 1(1)(s)(ii) and (iv) of the Act and section 
1(1)(s)(v) of the Act in respect of those enactments.
(2)  Sections 6(1)(f) and (g), 18, 19(4) to (11) and 24 to 27 and 
Schedules 2, 4 and 6 come into force on the coming into force of 
section 1(1)(s)(i) and (iii) of the Act and section 1(1)(s)(v) of the Act 
in respect of those enactments.
Schedule 1 
Mines and Minerals Enactments 
and Public Lands Enactments 
 
Specified Enactments not Applicable 
(Section 5)
1   Metallic and Industrial Minerals Exploration Regulation 
(AR 213/98)
	(a)	entire enactment.
2   Public Lands Act
	(a)	sections 5(1) to (4), 11.2, 17 to 19, 30, 31, 33, 34, 46, 51, 60, 
61, 62.1, 68(1), 71.2, 71.3, 79 and 80; 
	(b)	Parts 3 and 4;
	(c)	section 114.1;
	(d)	Part 6.
3   Exploration Dispute Resolution Regulation (AR 227/2003)
	(a)	all provisions except section 4(1).
4   Forest Land Use and Management Regulations (AR 197/76)
	(a)	entire enactment.
5   Land Stewardship Fund Regulation (AR 31/2011)
	(a)	entire enactment.
6   Public Lands Administration Regulation (AR 187/2011)
	(a)	sections 15, 18(4) in respect of clause (d), 20(3) in respect of 
clause (e);
	(b)	Division 1 of Part 2;
	(c)	section 37(1) in respect of clause (a);
	(d)	sections 49 to 66 and 68 to 76;
	(e)	Divisions 2, 3, 6 and 8 of Part 3;
	(f)	section 149 in respect of clauses (c), (d), (e), (f) and (h);
	(g)	sections 155 to 159 and 161(1) in respect of clauses (c), (d), 
(e), (f) and (h);
	(h)	sections 164(a)(iii) and (x) and 169.
7   Recreational Access Regulation (AR 228/2003)
	(a)	entire enactment.
8   Provisions in the Public Lands Act and its regulations respecting:
	(a)	in respect of an energy resource activity, the construction, 
operation and reclamation of an airstrip or heliport on public 
land;
	(b)	in respect of an energy resource activity, the construction, 
operation and reclamation of a pipeline that is regulated 
under the National Energy Board Act (Canada);
	(c)	in respect of an energy resource activity, the excavation and 
extraction of materials from a borrow pit on public land, 
where the borrow pit or materials, as the case may be, meet 
any of the following conditions:
	(i)	a material other than clay, silt or sand is being 
excavated from the borrow pit;
	(ii)	material extracted from the borrow pit is to be sold or 
used for a purpose other than an energy resource 
activity;
	(iii)	the area of disturbance of the borrow pit is 0.8 hectares 
or more;
	(iv)	the borrow pit is less than 800 metres away from 
another borrow pit;
	(v)	the borrow pit will remain in use for one year or more.
Schedule 2 
Environmental Protection and Enhancement 
Enactments and Water Enactments 
 
Specified Enactments not Applicable 
(Section 5)
1   Environmental Protection and Enhancement Act
	(a)	sections 3.1, 17, 25, 27, 30 to 34 and 42 to 57;
	(b)	Part 7;
	(c)	in respect of pesticides, Division 1 of Part 8;
	(d)	sections 169 to 175;
	(e)	Division 2 of Part 8;
	(f)	sections 237.1 and 247(1);
	(g)	the following items in the Schedule of Activities:
	(i)	item 2(c) to (j), (l) to (o), (r), (s), (v), (x) to (bb), (dd) 
and (ff) to (hh);
	(ii)	item 5(a) in respect of a transmission line or 
telecommunication line, (b) in respect of a quarry, (f), 
(h), (j), (m) to (o) and (q) to (w);
	(iii)	items 7, 8 and 10.
2   Activities Designation Regulation (AR 276/2003)
	(a)	items (b), (c), (k) and (l) listed in Division 1 of Schedule 1;
	(b)	item (b)(i), (ii) and (iii) in respect of secondary sulphur 
handling facilities, (v), (vi), (vii), (viii), (ix), (x) and (xi) 
listed in Part 2 of Division 2, Schedule 1;
	(c)	all items listed in Parts 3, 4, 5 and 6 of Division 2 of 
Schedule 1;
	(d)	items (g)(i) and (ii) listed in Part 7 of Division 2 of Schedule 
1;
	(e)	item (h)(i) listed in Part 8, Division 2 of Schedule 1;
	(f)	item (i) listed in Part 9, Division 2 of Schedule 1, in respect 
of a stand-alone power plant;
	(g)	items (j) and (l) listed in Part 10 of Division 2 of Schedule 1;
	(h)		all items listed in Parts 11 to 13 of Division 2 of Schedule 1;
	(i)	items (d), (e) and (f) listed in Division 3 of Schedule 1;
	(j)	item (a) listed in Division 4 of Schedule 1;
	(k)	item (a) listed in Division 5 of Schedule 1;
	(l)	the following items listed in Division 1 of Schedule 2:
	(i)	(c) in respect of municipal landfills;
	(ii)	(d) in respect of the production of alternate fuel;
	(iii)	 (e);
	(m)	the following items listed in Division 2 of Schedule 2:
	(i)	(a)(i), (iii), (iii.1), (iv), (iv.1) and (v), (b), (d)(i) and (ii) 
in respect of a privately owned development;
	(ii)	(e)(i) and (ii) in respect of a privately owned 
development;
	(iii)	(f);
	(n)	item (a) listed in Division 4 of Schedule 2;
	(o)	all items listed in Division 5 of Schedule 2;
	(p)	item (a) listed in Schedule 3.
3   Approvals and Registrations Procedure Regulation (AR 113/93)
	(a)	sections 4 and 7(1).
4   Beverage Container Recycling Regulation (AR 101/97)
	(a)	entire enactment.
5   Conservation and Reclamation Regulation (AR 115/93)
	(a)	sections 4, 5 and 24(2)(b).
6   Designated Material Recycling and Management Regulation 
(AR 93/2004)
	(a)	entire enactment.
7   Electronics Designation Regulation (AR 94/2004)
	(a)	entire enactment.
8   Emissions Trading Regulation (AR 33/2006)
	(a)	entire enactment.
9   Environmental Appeal Board Regulation (AR 114/93)
	(a)	entire enactment.
10   Environmental Assessment Regulation (AR 112/93)
	(a)	entire enactment.
11   Environmental Assessment (Mandatory and Exempted Activities) 
Regulation (AR 111/93)
	(a)	entire enactment.
12   Environmental Protection and Enhancement (Miscellaneous) 
Regulation (AR 118/93)
	(a)	sections 5(1), (3) and (4) and 5.1.
13   Forest Resources Improvement Regulation (AR 152/97)
	(a)	entire enactment.
14   Lubricating Oil Material Environmental Handling Charge Bylaw 
(AR 228/2002)
	(a)	entire enactment.
15   Lubricating Oil Material Recycling and Management Regulation 
(AR 82/97)
	(a)	entire enactment.
16   Lubricating Oil Material Recycling and Management Bylaw 
(AR 227/2002)
	(a)	entire enactment.
17   Mercury Emissions from Coal-fired Power Plants Regulation 
(AR 34/2006)
	(a)	entire enactment.
18   Paint and Paint Container Designation Regulation 
(AR 200/2007)
	(a)	entire enactment.
19   Pesticide (Ministerial) Regulation (AR 43/97)
	(a)	entire enactment.
20   Pesticide Sales, Handling, Use and Application Regulation 
(AR 24/97)
	(a)	entire enactment.
21   Potable Water Regulation (AR 277/2003)
	(a)	entire enactment.
22   Substance Release Regulation (AR 124/93)
	(a)	section 9;
	(b)	Part 3.
23   Tire Designation Regulation (AR 95/2004)
	(a)	entire enactment.
24   Waste Control Regulation (AR 192/96)
	(a)	section 33(2)(b);
	(b)	section 36(2).
25   Wastewater and Storm Drainage Regulation (AR 119/93)
	(a)	in respect of matters, systems and facilities respecting storm 
drainage, sections 1(i), 4, 5, 5.1, 6, 6.1 and 7.
26   Wastewater and Storm Drainage (Ministerial) Regulation 
(AR 120/93)
	(a)	sections 1(1)(b) and (b.1) and 3(1) and (2);
	(b)	 in respect of matters, systems and facilities respecting storm 
drainage, sections 4 and 5.
27   Water Act
	(a)	section 4.1;
	(b)	Division 1 of Part 3;
	(c)	Divisions 4 and 5 of Part 4;
	(d)	Part 6;
	(e)	sections 93, 94, 110(7), 115(1)(j), (k), (l), (n) and (o), 152.1, 
157(d) and (e) and 168(1)(d);
	(f)	in respect of a household user, sections 21(3), 23 and 
97(1)(i);
	(g)	in respect of a registration or registrant, sections 28, 80(1), 
(3), (4) and (5), 97(1)(b) and (c) and (2), 99(1)(a)(iii)(B) and 
(4), 115(1)(g), 115(2), 119(1), 136(1) and (2), 160(1), 167 
and 168(1);
	(h)	in respect of a traditional agriculture user, sections 99(4), 136 
and 167(1).
Schedule 3 
Mines and Minerals Enactments 
and Public Lands Enactments 
 
Application of Section 25 of the Act 
(Section 6)
1   Exploration Regulation (AR 284/2006)
	(a)	section 24(1).
2   Public Lands Act
	(a)	sections 16(4), 25(2) and 26.1(1);
	(b)	section 27(2);
	(c)	sections 59.1(2) and (5), 59.9 and 70.3;
	(d)	Part 7 except section 121(1).
3   Public Lands Administration Regulation (AR 187/2011)
	(a)	sections 9(7), 11(6) and 13(6);
	(b)	section 172;
	(c)	Part 10 except sections 209(l), 211(a) to (d) and (g) to (n) and 
212(1), (2) and (4).
Schedule 4 
Environmental Protection and Enhancement 
Enactments and Water Enactments 
 
Application of Section 25 of the Act 
(Section 6)
1   Environmental Protection and Enhancement Act 
	(a)	sections 35(6), 72, 73 and 74;
	(b)	Part 4 except section 91(1), (2) and (3);
	(c)	sections 126, 127, 130, 139(2), 145, 210(3), 212(4) and (5), 
241(2) and 243(4) and (5).
2   Approvals and Registrations Procedure Regulation (AR 113/93)
	(a)	section 10.
3   Conservation and Reclamation Regulation (AR 115/93)
	(a)	section 24(2)(a).
4   Environmental Protection and Enhancement (Miscellaneous) 
Regulation (AR 118/93)
	(a)	sections 1(1) and 2;
	(b)	section 3.
5   Remediation Certificate Regulation (AR 154/2009)
	(a)	section 6.
6   Waste Control Regulation (AR 192/96)
	(a)	section 33(2)(a).
7   Water Act
	(a)	sections 1(1)(bbb), 34(3) and (4), 37(1)(d), 42(3), 50(1)(d), 
54(3)(d), 62(1)(d), 70(3), 99(3) and 101(2);
	(b)	sections 108, 109, 110(1), (2), (3), (5) and (6), 111, 112, 114, 
115(1)(a)(ii), (b)(ii) and (c)(ii) and 116;
	(c)	sections 135(2) and 137(2).
8   Water (Ministerial) Regulation (AR 205/98)
	(a)	section 13;
	(b)	section 14(a).
Schedule 5 
Mines and Minerals Enactments and 
Public Lands Act Enactments 
 
Part 1 
Exception of Officials' Powers, Duties and Functions 
(Section 12)
1   Mines and Minerals Act (Part 8)
	(a)	section 108.1.
2   Exploration Regulation (AR 284/2006)
	(a)	sections 1(1)(hh) and 8(1);
	(b)	section 19(4)(a) and (b) in respect of "Minister's";
	(c)	section 58(1) in respect of "the administration of the 
Minister";
	(d)	section 59(3);
	(e)	section 63(1) in respect of "Director of Surveys";
	(f)	section 67(3).
3   Public Lands Act
	(a)	sections 1(o) and 24(1);
	(b)	section 52(2) and (3) in respect of "director";
	(c)	sections 56(1)(k), 64, 69.4, 70.1(1) and 71.1(4).
Part 2 
Exception of Department, Crown or Government,  
Powers, Duties and Functions 
(Section 13)
1   Mines and Minerals Act (Part 8)
	(a)	sections 106(i) and 108.1(2)(b); 
	(b)	section 111(1) in respect of "Crown".
2   Exploration Regulation (AR 284/2006)
	(a)	section 1(1)(z), (dd), (gg) and (hh);
	(b)	sections 8(1), 13(3), 33(1), 38(1) and 60(2).
3   Public Lands Act
	(a)	sections 1(e)(i) and (ii) and (p), 2(2), 2.1, 3(1) and (2), 4, 7(c) 
to (h), 9.1(1)(a)(i), 10(1) and (2), 12, 21(1)(a), 36, 52(3), 
59.01(1)(g) and (3), 59.02 and 59.1(3)(a)(vi) and (9);
	(b)	section 67(1) in respect of "Crown" and "Crown's";
	(c)	sections 69.4, 70.1(1) and 70.2.
4   Public Lands Administration Regulation (AR 187/2011)
	(a)	sections 37(1), 38(2) and 122;
	(b)	section 123(1) in respect of "favour of the Crown", (5) in 
respect of "compensation to the Crown" and (6) in respect of 
"agree with the Crown".
Part 3 
Ministerial Powers, Duties and Functions 
(Section 14)
1   Public Lands Act
	(a)	section 6;
	(b)	section 29(1) in respect of "hands of the Minister" and 
"Minister may apply";
	(c)	sections 36(1), 44, 56(1)(c) and 114(2).
2   Public Lands Administration Regulation (AR 187/2011)
	(a)	section 1(1)(e);
	(b)	section 4(2) in respect of "Minister may elect" and (3);
	(c)	section 4(5) in respect of "Minister may cancel" and 
"Minister is a party";
	(d)	sections 8, 13(1) to (4), 14(1) and (2), 16, 22(1), 28(2) and 
(3), 67(1), 152(1), 165(2) and 166(2) and (3).
Part 4 
Shared Powers, Duties and Functions of the Minister 
(Section 15)
1   Public Lands Act
	(a)	sections 1(l.1), 9.1(1)(a)(ii) and (iii) and 11.1;
	(b)	section 29(1) in respect of "Minister's";
	(c)	sections 59.01(1)(h), 59.22, 59.3(c) and 69.1.
2   Public Lands Administration Regulation (AR 187/2011)
	(a)	sections 24 and 131(1);
	(b)	section 166(1)(a)(i).
Part 5 
Shared Powers, Duties and Functions of Officials 
(Section 16)
1   Mines and Minerals Act (Part 8)
	(a)	section 111.
2   Public Lands Act
	(a)	sections 7(b), 23 and 45(1);
	(b)	section 52(1) and (2) in respect of "officer";
	(c)	sections 54.01(1), (2) and (3), 59.2(1), (2), (4) and (5), 59.21, 
59.22, 69, 69.5 and 69.6.
3   Public Lands Administration Regulation (AR 187/2011)
	(a)	sections 25 and 45(2) and (3);
	(b)	section 48(1) to (3).
Part 6 
Shared Powers, Duties and Functions of the  
Department, Crown or Government 
(Section 17)
1   Mines and Minerals Act (Part 8)
	(a)	sections 109(1) and 110(2.1);
	(b)	section 111(1) in respect of "Department".
2   Exploration Regulation (AR 284/2006)
	(a)	section 1(1)(ee) and (ff);
	(b)	sections 19(4), 60(3) and 65.
3   Public Lands Act
	(a)	section 1(e) in respect of "conveyed by the Crown";
	(b)	sections 1(i), (l.1) and (r), 9.1(1)(a)(ii), 15.1, 26(1), 29(1) and 
(3), 39(2), 40, 47, 54.02, 54.03(1), 56(1), 59.01(1)(h), 
59.2(4), 59.21(2), 59.22 and 62(4), (5) and (6);
	(c)	section 67(1) in respect of "Department";
	(d)	sections 70, 71.4(3) and (5), 78(2) and 81(2) and (3) and 
115(3).
4   Public Lands Administration Regulation (AR 187/2011)
	(a)	sections 1(1)(o), 8, 9(3), 11(3), 13(3), 25, 43, 44, 48(3), 67(1) 
and 93;
	(b)	section 123(1) in respect of "Crown makes";
	(c)	sections 124(2), 125(2), 148(1), 152(1), 153, 161(2) and 
164(b)(ii);
	(d)	section 166(1)(a) in respect of "control of the Department" 
and "established by the Department".
Schedule 6 
Environmental Protection and Enhancement  
Enactments and Water Enactments 
 
Part 1 
Exception of Officials' Powers, Duties and Functions 
(Section 12)
1   Environmental Protection and Enhancement Act
	(a)	sections 7(1) and (2) and 10(2) and (4);
	(b)	section 41 in respect of "Director who is designated";
	(c)	sections 80 to 83, 188(1), 188.1 and 189(2);
	(d)	section 233(1) in respect of "officer";
	(e)	section 247(2) in respect of "Director".
2   Conservation and Reclamation Regulation (AR 115/93)
	(a)	section 3(1) in respect of "Director" in the context of "may 
establish standards, criteria and guidelines for conservation 
and reclamation of specified land";
	(b)	section 3(2);
	(c)	section 10 in respect of "Director";
	(d)	section 16.1.
3   Environmental Protection and Enhancement (Miscellaneous) 
Regulation (AR 118/93)
	(a)	section 8.1(3).
4   Ozone-depleting Substances and Halocarbons Regulation 
(AR 181/2000)
	(a)	section 6(7).
5   Remediation Certificate Regulation (AR 154/2009)
	(a)	section 1(i);
	(b)	section 2(2).
6   Substance Release Regulation (AR 124/93)
	(a)	section 3(2);
	(b)	section 4(3)(b)(iii).
7   Waste Control Regulation (AR 192/96)
	(a)	sections 3 and 24(4);
	(b)	section 26(c)(iii).
8   Water Act
	(a)	sections 1(1)(ii)(iii) and (hhh), 9, 12(3), 13, 15 and 17;
	(b)	Division 3 of Part 3;
	(c)	section 43(3) in respect of "return to the Director";
	(d)	section 53(1), (2) and (3);
	(e)	section 53(5) in respect of "the Director provides" and (7);
	(f)	section 97(1)(a);
	(g)	section 98 in respect of "Director";
	(h)	sections 107(2), 110(4) and 117;
	(i)	sections 163, 164, 168(2), 169(2), 172(3) and (6) and 173(2).
9   Water (Ministerial) Regulation (AR 205/98)
	(a)	sections 1(3)(a)(ii), 14(b) and (c), 37(1), 38, 39, 70 and 71;
	(b)	item 2(l)(ii) in Schedule 1;
	(c)	item 1(c)(ii) in Schedule 3.
Part 2 
Exception of Powers, Duties and Functions of  
Department, Crown or Government 
(Section 13)
1   Environmental Protection and Enhancement Act
	(a)	sections 2(e), 3, 7(1) and (2), 10(1) and (2), 12, 14(4), 19, 20, 
35(1)(a)(i) and 39(d);
	(b)	sections 40, 84(2), 88.2(2), 135(2), 144(3), 189(2), 207(1) 
and 234(3) all in respect of "Government".
2   Conservation and Reclamation Regulation (AR 115/93)
	(a)	section 21(c).
3   Waste Control Regulation (AR 192/96)
	(a)	section 27(2);
	(b)	section 30(c).
4   Water Act
	(a)	sections 1(1)(ss), 3(2), 4, 9(2), 51(2), 83(3) and (4) and 
96(2);
	(b)	sections 115(1)(e), 148(3), 150 and 163(1) and (2).
5   Water (Ministerial) Regulation (AR 205/98)
	(a)	sections 12(4) and 70(5);
	(b)	item 2 in Schedule 4 in respect of "Forestry Office of the 
Department".
Part 3 
Ministerial Powers, Duties and Functions 
(Section 14)
1   Environmental Protection and Enhancement Act
	(a)	sections 35(3), 131, 213(1) and 214(2), (3) and (5);
	(b)	sections 237(4), 244(1) and 245(2), (3) and (5).
2   Conservation and Reclamation Regulation (AR 115/93)
	(a)	sections 22 and 23;
	(b)	section 24(1);
	(c)	section 24(2) in respect of "Minister orders" and "Minister 
shall";
	(d)	section 24.1.
3   Disclosure of Information Regulation (AR 273/2004)
	(a)	section 2(1) and (4).
4   Waste Control Regulation (AR 192/96)
	(a)	sections 15, 21, 31 and 32;
	(b)	section 33(1);
	(c)	section 33(2) in respect of "Minister orders" and "Minister 
shall";
	(d)	section 41.
5   Water Act
	(a)	sections 102(1), 103(2)(b) and (3), 139(3), (4) and (6) and 
152(3);
	(b)	section 168(1) in respect of "Minister may".
6   Water (Ministerial) Regulation (AR 205/98)
	(a)	sections 15(3) and 16(1);
	(b)	section 24.
Part 4 
Shared Powers, Duties and Functions of the Minister 
(Section 15)
1   Environmental Protection and Enhancement Act
	(a)	sections 21(1) and 233(1);
	(b)	section 234(1)(g).
2   Water Act
	(a)	section 147(1).
Part 5 
Shared Powers, Duties and Functions of Officials 
(Section 16)
1   Environmental Protection and Enhancement Act
	(a)	sections 114(1), 115(1) and (3), 143 and 160 all in respect of 
"inspector";
	(b)	sections 198, 199, 208 and 209;
	(c)	section 216 in respect of "inspector";
	(d)	section 220;
	(e)	section 233(1) in respect of "official";
	(f)	section 247(2) in respect of "inspector";
	(g)	section 249;
	(h)	sections 250(2) and 251 both in respect of "inspector".
2   Conservation and Reclamation Regulation (AR 115/93)
	(a)	section 10 in respect of "inspector".
3   Water Act
	(a)	section 5(1) in respect of "Director under the Environmental 
Protection and Enhancement Act";
	(b)	section 43(3) in respect of "request of the Director";
	(c)	section 52(2) in respect of "the Director may";
	(d)	section 97(1) in respect of "inspector" in the context of "An 
inspector or the Director may";
	(e)	section 97(1)(b) to (e) and (h) in respect of "inspector";
	(f)	sections 97(3) and 98 both in respect of "inspector";
	(g)	sections 99(2) and 100;
	(h)	section 101(1) in respect of "Director may on the Director's 
own initiative" and of "inspector";
	(i)	sections 105(1) and (3), 119(1) and (2), 120, 121(1), 123, 
124(1) and 126 all in respect of "inspector";
	(j)	section 147(1) in respect of "official";
	(k)	section 157.
Part 6 
Shared Powers, Duties and Functions of  
Department, Crown or Government 
(Section 17)
1   Environmental Protection and Enhancement Act
	(a)	section 21(2);
	(b)	section 35(1)(a) in respect of "possession of the 
Department";
	(c)	sections 65, 70(4), 117(3.2), 138(2), 188.1, 190(a), 216, 220, 
233(1), 234(1), 248 and 249.
2   Water Act
	(a)	sections 37.1, 43(1)(a)(iv), 49.1, 55(1), 60(3), 66.1 and 
71(1)(c);
	(b)	section 106 in respect of "Government";
	(c)	sections 147(1), 148(1), 151 in respect of clause (b);
	(d)	section 157.
3   Water (Ministerial) Regulation (AR 205/98)
	(a)	section 15(1) in respect of "in possession of the Department" 
and "established by the Department".


--------------------------------
Alberta Regulation 202/2013
Responsible Energy Development Act
RESPONSIBLE ENERGY DEVELOPMENT ACT GENERAL 
AMENDMENT REGULATION
Filed: November 6, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 359/2013) 
on November 6, 2013 pursuant to sections 60, 77, 78 and 79 of the Responsible 
Energy Development Act. 
1   The Responsible Energy Development Act General 
Regulation (AR 90/2013) is amended by this Regulation.
2   Section 1 is amended by adding the following after 
subsection (1):
(1.1)  For the purposes of section 1(1)(b) of the Act, "relief" does not 
include an investigation under section 196 of the Environmental 
Protection and Enhancement Act.
(1.2)  For the purposes of section 1(1)(m) of the Act,
	(a)	"amendment", in respect of an approval, includes
	(i)	an extension, and
	(ii)	an addition or deletion of a term or condition;
	(b)	"cancellation" includes a suspension of an approval, but does 
not include a cancellation of a disposition under sections 26 
and 27 of the Public Lands Act;
(1.3)  For the purposes of section 1(1)(s)(v) of the Act, "regulation" 
does not include a document adopted or incorporated by reference in 
a regulation.
(1.4)  For greater certainty, section 25 of the Act does not operate to 
affect any substantive considerations in respect of an application, 
decision or other matter under a specified enactment.

3   The following is added after section 1: 
Described activity
1.1(1)  For the purposes of section 1(1)(i)(ii) of the Act, the 
construction, operation and reclamation of a work camp is a 
described activity. 
(2)  For the purposes of subsection (1), "work camp" means a work 
camp that
	(a)	is not greater than one hectare in size,
	(b)	has a daily sewage discharge of not more than 25 cubic 
metres, and
	(c)	is required for not more than one year.

4   The following is added after section 3:
Appealable decisions and eligible persons
3.1(1)  For the purposes of section 36(a)(v) of the Act, the 
imposition of an administrative penalty under section 70 of the Act is 
an appealable decision.
(2)  For the purposes of section 36(b)(ii) of the Act, a person who is 
required to pay an administrative penalty under section 70 of the Act 
is an eligible person.

5   The following is added after section 8:
Administrative penalty
8.1   For the purposes of section 70 of the Act, the following 
provisions are prescribed provisions in respect of which a notice of 
administrative penalty may be given under section 71 of the Act:
	(a)	sections 10(1), 11, 13, 15(1), 16(1) and (2), 23(1), 26, 27(1) 
and (2), 29, 30(1), 31, 31.1(1), 31.2, 31.4(3), 32(3), 33(1), 
(2)(b) and (4), 34, 35(1), 36, 37 and 40 of the Coal 
Conservation Act;
	(b)	sections 2, 3, 4, 5, 6, 8, 9, 10, 12, 14, 15, 16, 17, 19, 21(1), 
(2) and (3), 21.1, 21.2, 21.3, 21.4, 21.5, 23, 26, 28, 29, 34, 
35, 36, 36.1, 38, 39, 40, 41, 42, 42.1, 44, 46, 46.1, 62, 62.1, 
65, 66, 66.1, 67, 68, 69(1), 70, 71, 73, 78, 79, 80, 81, 81.1, 
85.1(1), (2) and (3)  of the Coal Conservation Rules 
(AR 270/81);
	(c)	section 18(1)(a) and (c) and (2) of the Gas Resources 
Preservation Act;
	(d)	sections 11(1) and (3), 12(1), 16(1), 17(1), 20, 21(1), 23(1), 
26.1, 27(1), (2) and (4), 39(1), 42, 48(2), 50(2), (3) and (4), 
51(2) and (3), 53(3) and (4), 71(1)(b), 71(2)(b), 79(2) and 
(3), 86, 91(2), (6), (7) and (8), 93, 96(3), 103(5), 105(2) and 
107 of the Oil and Gas Conservation Act;
	(e)	sections 1.200, 2.010(1), 2.020(3), (3.1) and (4), 2.030(5), 
2.050(3), 2.100, 2.110, 2.120, 3.010(1), 3.011, 3.012, 3.013, 
3.020, 3.040, 3.060, 3.061, 3.062, 4.021, 4.030, 4.040(2), 
5.100(2), 5.190(2), 6.010, 6.020, 6.021, 6.030(1) and (3), 
6.040(1), 6.050, 6.060, 6.070(1), 6.080, 6.081, 6.090, 6.100, 
6.101(1), 6.110, 6.120, 6.130, 6.140, 6.150, 6.160, 6.170, 
6.190, 6.191, 6.192, 6.200, 7.001, 7.002, 7.004(1), 7.020, 
7.025(1), (2) and (4), 7.030, 7.035, 7.040(1), 7.050, 7.055, 
7.060, 7.070(3), (4) and (5), 7.080, 8.002, 8.003, 8.004, 
8.005, 8.006, 8.010, 8.030, 8.031, 8.040, 8.050, 8.051, 
8.052(1), 8.060, 8.080, 8.090, 8.110, 8.120(1) and (2), 
8.129(2), (7) and (8), 8.149(2), 8.150, 8.151, 8.170, 8.180(1) 
and (2), 8.190, 8.191, 8.192, 8.193, 9.020(1), 9.030, 9.040, 
9.050, 9.060, 10.020, 10.150, 10.170(2), 10.300(2), (3), (5) 
and (6), 11.005, 11.010, 11.020, 11.030, 11.040, 11.070(1), 
(2) and (4), 11.080, 11.090, 11.100, 11.101, 11.102(1), 
11.110, 11.120, 11.135, 11.140(1) and (2), 11.145, 11.150, 
12.010, 12.020, 12.030, 12.056, 12.060, 12.061, 12.080, 
12.120, 12.140, 12.141, 12.160, 12.170, 14.011, 14.012, 
14.050, 14.060, 14.130, 14.200, 15.005, 15.050, 15.140, 
15.150, 15.210, 15.212, 16.640, 16.643(4), 16.649 and 
16.650 of the Oil and Gas Conservation Rules (AR 151/71);
	(f)	sections 8(4), 10(1), 11(1), 16(1) and (3), 21 and 22(1) of the 
Oil Sands Conservation Act;
	(g)	sections 3(1), (2), (3) and (4), 4(1), (2), (3) and (7), 5, 6, 7(1) 
and (2), 8, 9, 10(1), 11, 11.1, 13, 14, 16, 17, 20, 22, 24, 24.1, 
26, 27, 28.1, 29, 30, 31, 32, 32.1, 33, 34, 35, 36, 36.1, 37, 38, 
39, 40, 41.1, 42, 43, 44, 45, 47, 48, 49, 51, 54, 55, 56 and 57 
of the Oil Sands Conservation Rules (AR 76/88); 
	(h)	sections 5(3), 6(1), 10(1), 11(4), 16, 17(1), 18(2), 19(2) and 
(6), 20, 21, 22, 23(1) and (3), 31(2), 32, 35(1), (2), (3) and 
(5), 37(2), 38(1) and (2), 39(1), 41, 42, 44, 45 and 46(1) of 
the Pipeline Act;
	(i)	sections 1.2, 2, 3(1) and (2), 4(1), 5, 6, 7, 8, 9, 10(1), (2), (4) 
and (5), 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 
26, 27, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40(1), 43, 44, 45, 
47, 48, 49, 50, 51, 52, 53(1), 54, 55(2), 56, 57(1), 58, 59, 
60(2), (3), (4) and (5), 61(1), 62(1), 63, 65(1), (2), (3) and 
(5), 66, 68(1), (2), (4), (5), (6) and (8), 69, 70, 71, 72, 73, 74, 
76, 77, 79, 80(1), 82, 84 and 85 of the Pipeline Rules 
(AR 91/2005);
	(j)	sections 10, 11 and 12 of the Turner Valley Unit Operation 
Act.
Notice of administrative penalty
8.2   A notice of administrative penalty must be given in writing and 
must contain the following information:
	(a)	the name of the person required to pay the administrative 
penalty;
	(b)	particulars of the contravention;
	(c)	the amount of the administrative penalty and the date by 
which it must be paid;
	(d)	a statement of the right to request a regulatory appeal under 
section 38 of the Act.
Amount of administrative penalty
8.3(1)   Subject to subsections (2) and (3), the amount of an 
administrative penalty for each contravention that occurs or 
continues is the amount determined by the Regulator, taking into 
account the seriousness of the contravention and the extent of any 
actual loss or damage that resulted or any potential loss or damage 
that may reasonably be expected to result from the contravention, in 
accordance with the following Base Penalty Table:
BASE PENALTY TABLE
Extent of actual or 
potential loss or damage
Seriousness of contravention

Major
Moderate
Minor
Major
$5000
$3500
$2500
Moderate
 3500
 2500
 1500
Minor to
 2500
 1500
 1000
None
 1000
   600
   250
(2)  The Regulator may, in any particular case, increase or decrease 
the amount of the administrative penalty determined under 
subsection (1) if, after considering the following factors, the 
Regulator considers it appropriate to do so:
	(a)	the importance to the regulatory scheme of compliance with 
the provision that was contravened;
	(b)	the degree of wilfulness or negligence, if any, on the part of 
any person responsible for the contravention;
	(c)	any steps taken by a person responsible for the contravention 
to avoid or limit the extent of any actual loss or damage that 
resulted or any potential loss or damage that may reasonably 
be expected to result from the contravention;
	(d)	any steps taken by a person responsible for the contravention 
to prevent its recurrence;
	(e)	any previous contravention of a provision prescribed by 
section 8.1 by a person responsible for the contravention;
	(f)	whether a person responsible for the contravention derived or 
is likely to derive any economic benefit from the 
contravention;
	(g)	any other factor that, in the opinion of the Regulator, is 
relevant.
(3)  The maximum administrative penalty that may be imposed in 
respect of a contravention is $5000 for each day or part of a day on 
which the contravention occurs or continues, in addition to any 
amount required to be paid under section 71(4)(b) of the Act.
Publication of information
8.4   For the purposes of section 76 of the Act, the Regulator shall 
publish the particulars of enforcement action taken under the Act or 
any other enactment, including
	(a)	the names of all persons responsible,
	(b)	the particulars of the contravention, and
	(c)	the particulars of the enforcement action.
Disclosure of records 
8.5(1)  In this section,
	(a)	"Department" means the Department of Environment and 
Sustainable Resource Development;
	(b)	"record" means a record as defined in the Freedom of 
Information and Protection of Privacy Act. 
(2)  The Department shall disclose to the Regulator all records in the 
custody or control of the Department reasonably necessary for the 
Regulator to exercise its jurisdiction under a specified enactment. 
(3)  Subject to subsection (4), the records referred to in subsection 
(2) may be disclosed by providing originals or copies, by the 
provision of the records in electronic form or by means of access to 
an electronic repository.
(4)  In disclosing the records to the Regulator, the Department shall 
ensure that original paper and electronic copies are maintained to the 
extent necessary for the Crown to preserve and disclose evidence.
(5)  The disclosure of records by the Department to the Regulator 
pursuant to this section does not waive or negate any type of legal 
privilege, including solicitor-client or parliamentary privilege, or 
confidence attached to the records and any legal privilege or 
confidence continues for all purposes. 
(6)  The disclosure of records by the Department to the Regulator 
pursuant to this section is deemed not to be a disclosure contrary to 
any provision in a specified enactment governing disclosure of 
information or protection of confidentiality. 
(7)  The Regulator shall not further disclose any records received 
from the Department protected by any type of legal privilege, except 
with the consent of the Department.
(8)  The Regulator shall take all reasonable measures to return to the 
Department any records received from the Department protected by 
any type of legal privilege unless the Department and the Regulator 
determine that the Regulator's use of the record is essential to the 
furtherance of the Department's and the Regulator's common 
interest in ensuring that the Regulator can discharge its 
responsibilities under the specified enactments.  
(9)  Subject to subsections (5), (7) and (8), further disclosure, 
retention and disposition of the records received under this section 
by the Regulator shall occur in accordance with the Regulator's 
obligations under the specified enactments, the Freedom of 
Information and Protection of Privacy Act and the Records 
Management Regulation (AR 224/2001). 
(10)  This section is made under section 79(1) of the Act and is 
subject to repeal under section 79(2) of the Act.

6   Section 9 is amended by adding ", except section 8.5," 
before "expires".

7   This Regulation comes into force on November 30, 2013.


--------------------------------
Alberta Regulation 203/2013
Responsible Energy Development Act
ALBERTA ENERGY REGULATOR RULES OF 
PRACTICE AMENDMENT REGULATION
Filed: November 14, 2013
For information only:   Made by the Alberta Energy Regulator on November 12, 2013 
pursuant to section 61 of the Responsible Energy Development Act. 
1   The Alberta Energy Regulator Rules of Practice 
(AR 99/2013) are amended by this Regulation. 

2   Section 1 is amended
	(a)	in clause (c)(i) and (ii) by striking out "fax number and 
e-mail address of the person" and substituting "e-mail 
address or, if the person does not have an e-mail address, the 
fax number of the person"; 
	(b)	in clause (e) 
	(i)	by striking out "participant" and substituting 
"party";
	(ii)	by striking out "participants" and substituting 
"parties";
	(c)	by repealing clause (h);
	(d)	in clause (i) by striking out "participants" and 
substituting "parties";
	(e)	by adding the following after clause (i):
	(i.1)	"participant" means, except in Division 2 of Part 5, a 
person who is permitted by the Regulator under section 
9 or 31.2 to participate in a hearing on an application or 
regulatory appeal, but does not include an applicant or a 
requester; 
	(f)	by repealing clause (j) and substituting the 
following:
	(j)	"party" means
	(i)	in the case of a hearing on an application,
	(A)	an applicant, or
	(B)	a participant;
	(ii)	in the case of a regulatory appeal,
	(A)	the requester,
	(B)	the approval holder,
	(C)	the decision maker of the decision appealed,
	(D)	in the case of a regulatory appeal of a 
decision made under the Public Lands Act, 
any person who would be entitled to 
participate under section 212(4) of the Public 
Lands Administration Regulation 
(AR 187/2011) who has elected to 
participate, or
	(E)	a participant.
	(g)	by repealing clause (n) and substituting the 
following: 
	(n)	"requester" means a person who files a request for a 
regulatory appeal and whose request is not dismissed by 
the Regulator under section 30(7) or 31(1)(a);
	(h)	by repealing clause (o).

3   Section 2 is amended by renumbering it as section 2(1) 
and adding the following after subsection (1):
(2)  These Rules do not apply to Part 3 of the Act or the Enforcement 
of Private Surface Agreements Rules made under that Part.

4   Section 3 is amended
	(a)	by repealing subsection (1)(h) and substituting the 
following:
	(h)	evidence that the applicant has complied with all 
applicable notification and consultation requirements.
	(b)	by repealing subsections (2) and (5).

5   Section 5 is repealed and the following is substituted: 
Content of public notice of application
5(1)  For the purpose of section 31 of the Act, public notice of an 
application must contain the following:
	(a)	contact information of the applicant;
	(b)	a description of the energy resource activity referred to in the 
application and the approval sought;
	(c)	the legal description or GPS co-ordinates of the land on 
which the energy resource activity referred to in the 
application is or will be located, as applicable;
	(d)	in the case of an application other than one referred to in 
section 5.2(2), the time period for filing a statement of 
concern with the Regulator by a person who believes that the 
person may be directly and adversely affected by the 
application;
	(e)	in the case of an application referred to in section 5.2(2), a 
statement that a decision on the application may be made 
immediately or on an expedited basis, but a person who 
believes that the person may be directly and adversely 
affected by the application may nevertheless file a statement 
of concern with the Regulator in respect of the application;
	(f)	the location where information about the energy resource 
activity referred to in the application may be obtained or is 
available to the public;
	(g)	any other information the Regulator considers appropriate.
(2)  The Regulator may include the information described in 
subsection (1)(d) in a subsequent notice of application provided 
under section 31 of the Act.
Public notice of application
5.1   For the purpose of section 31 of the Act, public notice of an 
application may be provided by any of the following methods:
	(a)	posting notice of the application on the Regulator's website;
	(b)	publishing notice of the application in one or more issues of a 
newspaper that has daily or weekly circulation in the area of 
the Province to which the application relates; 
	(c)	providing notice of the application through a 
telecommunication system or electronic medium;
	(d)	making available a copy of the application in one or more 
offices of the Regulator in the area of the Province to which 
the application relates; 
	(e)	delivering notice of the application to any person determined 
by the Regulator;
	(f)	any other method the Regulator decides is appropriate.
Decision on application
5.2(1)  Subject to subsection (2), the Regulator shall not make a 
decision on an application until after the time period for filing a 
statement of concern specified in the public notice of the application 
has elapsed. 
(2)  Subsection (1) does not apply in respect of the following 
applications:
	(a)	an application that is defined as routine under Directive 056: 
Energy Development Applications and Schedules as 
published by the Regulator and amended from time to time;
	(b)	an application under the Public Lands Act that is referred to 
in the Alberta Government Enhanced Approval Process 
(EAP) Manual as published by the Department of 
Environment and Sustainable Resource Development and 
amended from time to time;
	(c)	an application that in the Regulator's opinion has minimal or 
no adverse effect on the environment;
	(d)	an application for which in the Regulator's opinion adequate 
notice of the subject matter of the application has already 
been given;
	(e)	an application for an assignment, mortgage, transfer or lease 
under Part 4 of the Public Lands Administration Regulation 
(AR 187/2011);
	(f)	an application for an amendment to a licence under section 
54(1)(b)(i), (ii), (v) or (vi) of the Water Act; 
	(g)	an application for a licence or an amendment to a licence 
under section 108(3)(a) or (b) of the Water Act;
	(h)	an application for an approval or licence under the Water Act, 
if the Regulator is of the opinion that the activity or diversion 
of water specified in the application will result in minimal or 
no adverse effect on the aquatic environment or on household 
users, licensees and traditional agricultural users as defined 
in the Water Act;
	(i)	an application under section 32(1) of the Water (Ministerial) 
Regulation (AR 205/98) for a written authorization to 
suspend or decommission a dam or canal;
	(j)	an application for a registration under section 66 of the 
Environmental Protection and Enhancement Act; 
	(k)	an application to extend an expiry date under section  69(2) 
of the Environmental Protection and Enhancement Act; 
	(l)	an application under section 9(4) or 9.1(2) of the Wastewater 
and Storm Drainage Regulation (AR 119/93); 
	(m)	an application for a temporary field authorization under 
section 20 of the Public Lands Act.
(3)  Notwithstanding subsection (1), in the case of an application for 
an approval under any enactment that is required to address an 
emergency situation, the Regulator shall not delay any response to 
the emergency, including issuance of any approvals necessary to 
address the emergency, for the purpose of complying with the 
requirements in this section.
Statement of concern on application
5.3   In the case of an application other than one referred to in 
section 5.2(2), a person wishing to file a statement of concern under 
section 32 of the Act must do so
	(a)	no later than 30 days from the date public notice of the 
application is provided, or
	(b)	within a different time period set out in the notice of 
application.

6   Section 6 is amended 
	(a)	in subsection (1) 
	(i)	by adding "or under section 6.1 of these Rules" after 
"Act";
	(ii)	by repealing clause (a)(iii) and substituting the 
following: 
	(iii)	the outcome of the application that the person 
advocates;
	(b)	in subsection (3) by striking out "served on the parties 
to the application" and substituting "provided to the 
applicant". 

7   The following is added after section 6: 
Statement of concern for special matters 
6.1(1)  A person who believes that the person may be directly and 
adversely affected by one of the following circumstances may file a 
statement of concern with the Regulator in accordance with these 
Rules: 
	(a)	where the Regulator proposes to make an amendment, 
addition or deletion to an approval under section 70 of the 
Environmental Protection and Enhancement Act;
	(b)	where a contaminated site is designated under section 125 of 
the Environmental Protection and Enhancement Act;
	(c)	where the Regulator proposes to make an amendment to an 
approval, licence or preliminary certificate under section 42, 
54 or 70 of the Water Act;
	(d)	where the Regulator intends to suspend or cancel a 
disposition under section 26 or 27 of the Public Lands Act.
(2)  A statement of concern in respect of a designation of a 
contaminated site referred to in subsection (1)(b) must be filed no 
later than 30 calendar days from the day the contaminated site is 
designated.
(3)  A statement of concern in respect of 
	(a)	an amendment, addition or deletion to an approval referred to 
in subsection (1)(a),
	(b)	an amendment to an approval, licence or preliminary 
certificate referred to in subsection (1)(c), or
	(c)	a suspension or cancellation of a disposition referred to in 
subsection (1)(d)
must be filed within the time period set out in the notice of the 
proposed or intended amendment, addition, deletion, suspension or 
cancellation, as the case may be.
Non-consideration of statement of concern
6.2(1)  The Regulator may disregard a statement of concern filed 
with the Regulator if in the Regulator's opinion any of the following 
apply:
	(a)	the person who filed the statement of concern has not 
demonstrated that the person may be directly and adversely 
affected by the application or a special circumstance set out 
in section 6.1, as the case may be;
	(b)	the statement of concern was not filed within the time 
specified by these Rules;
	(c)	a decision was made on an application by the Regulator prior 
to the statement of concern being filed;
	(d)	for any other reason the Regulator considers that the 
statement of concern is not properly before it.
(2)  The Regulator may disregard a concern raised in a statement of 
concern filed with the Regulator if in the Regulator's opinion any of 
the following apply:
	(a)	the concern relates to a matter outside the Regulator's 
jurisdiction;
	(b)	the concern is unrelated to, or relates to a matter beyond the 
scope of the application;
	(c)	the concern has been adequately dealt with or addressed 
through a hearing or other proceeding under any other 
enactment or by a decision on another application;
	(d)	the concern relates to a policy decision of the Government;
	(e)	the concern is frivolous, vexatious, an abuse of process or 
without merit;
	(f)	the concern is so vague that the Regulator is not able to 
determine the nature of the concern.

8   Section 7 is repealed and the following is substituted: 
Decision regarding whether to hold a hearing
7   The Regulator may consider any of the following factors when 
deciding whether or not to conduct a hearing on an application:
	(a)	whether any of the circumstances described in section 6.2 
apply;
	(b)	whether the objection raised in a statement of concern filed in 
respect of the application has been addressed to the 
satisfaction of the Regulator;
	(c)	whether the applicant and any persons who have filed 
statements of concern in respect of the application have made 
efforts to resolve the issues in dispute directly with each 
other through a dispute resolution meeting or otherwise;
	(d)	whether the application is one described in section 5.2(2);
	(e)	whether the matter to which the application relates has been 
adequately dealt with or addressed through a hearing or other 
proceeding under any other enactment or by a decision on 
another application;
	(f)	whether the Crown has requested that a hearing be held for 
the purpose of assessing impacts to and the means to mitigate 
the impacts on Aboriginal peoples;
	(g)	whether the application will result in minimal or no adverse 
effect on the environment; 
	(h)	in the case of an application made under the Water Act, 
whether the application will result in minimal or no adverse 
effect on the aquatic environment, or household users, 
licensees under the Water Act or traditional agricultural users 
as defined in the Water Act;
	(i)	whether the matter is the subject of a cooperative proceeding 
under section 18 of the Act;
	(j)	any other factor the Regulator considers appropriate.
Publishing decision on application without hearing
7.1   Where the Regulator makes a decision on an application 
without conducting a hearing, the Regulator shall publish the 
decision in accordance with section 38.
Notice of decision
7.2(1)  In this section, "enforcement action" means
	(a)	the issuance of
	(i)	an enforcement order under section 210 or 211 of the 
Environmental Protection and Enhancement Act, 
	(ii)	an environmental protection order under section 113, 
116, 129, 140, 141, 142, 158 or 183 of the 
Environmental Protection and Enhancement Act, or
	(iii)	an emergency environmental protection order under 
section 143 of the Environmental Protection and 
Enhancement Act,
	(b)	the issuance of
	(i)	a water management order under section 97 of the 
Water Act, or
	(ii)	an enforcement order under section 135 of the Water 
Act,
	(c)	the issuance of 
	(i)	an enforcement order under section 59.1 of the Public 
Lands Act, or
	(ii)	 a stop order under section 59.2 of the Public Lands Act,
	(d)	the issuance of an order under section 23(4), 182, 201(b), 
204(1) or 205 of the Public Lands Administration Regulation 
(AR 187/2011), 
	(e)	the issuance of an order under section 20, 25, 31.6(1) or 
45(2) of the Coal Conservation Act,
	(f)	the issuance of an order under section 27, 30 and 44 of the 
Oil and Gas Conservation Act,
	(g)	the issuance of an order under section 9 or 15 of the Oil 
Sands Conservation Act, or
	(h)	the issuance of an order under section 23, 26 or 29 of the 
Pipeline Act.
(2)  Subject to subsection (3), where the Regulator makes a decision 
on an application without a hearing, the Regulator shall provide 
notice to
	(a)	the applicant,
	(b)		any person who filed a statement of concern in accordance 
with the Rules, and
	(c)	if the application is in respect of 
	(i)	a reclamation certificate under section 138 of the 
Environmental Protection and Enhancement Act,
	(A)	the operator,
	(B)	the registered owner of the land to which the 
reclamation certificate relates, and
	(C)	any person whom the Regulator considers to be 
directly and adversely affected by the activity to 
which the reclamation certificate relates,
or 
	(ii)	a remediation certificate under section 117 of the 
Environmental Protection and Enhancement Act, the 
registered owner of the land to which the remediation 
certificate relates.
(3)  Where the Regulator makes a decision on an application referred 
to in section 5.2(2), without a hearing, the Regulator shall provide 
notice to
	(a)	the applicant, and
	(b)	to any other person the Regulator considers appropriate.
(4)  Where the Regulator takes an enforcement action, the Regulator 
shall provide notice to
	(a)	the person to whom the enforcement action is directed, and
	(b)	if the enforcement action is
	(i)	an environmental protection order regarding 
conservation and reclamation or a reclamation 
certificate under the Environmental Protection and 
Enhancement Act,
	(A)	the operator,
	(B)	the owner of the land concerned, and
	(C)	any person the Regulator considers to be directly 
and adversely affected by the activity to which the 
reclamation certificate relates,
or
	(ii)	an environmental protection order issued under section 
129 of the Environmental Protection and Enhancement 
Act, 
	(A)	the person to whom the environmental protection 
order is directed, and
	(B)	the local authority of the municipality in which the 
contaminated site is located.
(5)  Where the Regulator issues an administrative penalty under a 
specified enactment or the Act, the Regulator shall provide notice to 
the person required to pay the penalty.
(6)  Where the Regulator, on its own initiative, makes an 
amendment, deletion or addition to a term or condition of
	(a)	an approval, the Regulator shall provide notice to
	(i)	the approval holder,
	(ii)	any person who filed a statement of concern under 
section 6.1, and
	(iii)	if the approval is 
	(A)	a reclamation certificate issued under section 138 
of the Environmental Protection and Enhancement 
Act, the same persons to whom notice was given 
under subsection (2)(c), or
	(B)	a remediation certificate issued under section 117 
of the Environmental Protection and Enhancement 
Act, the registered owner of the land to which the 
remediation certificate relates,
and
	(b)	an enforcement action, the Regulator shall provide notice to 
	(i)	the same persons to whom notice was given under 
subsection (3), and 
	(ii)	any other person whose name was added to the 
enforcement action order.
(7)  Where the Regulator suspends or cancels an approval, the 
Regulator shall provide notice to
	(a)	the approval holder, and
	(b)	if the approval is 
	(i)	a reclamation certificate issued under section 138 of the 
Environmental Protection and Enhancement Act, the 
persons to whom notice was given under subsection 
(2)(c), or 
	(ii)	a remediation certificate issued under section 117 of the 
Environmental Protection and Enhancement Act, the 
registered owner of the land to which the remediation 
certificate relates.
(8)  Where the Regulator designates a contaminated site under 
section 125 of the Environmental Protection and Enhancement Act, 
the Regulator shall provide notice to
	(a)	the owner of the contaminated site,
	(b)	any other person responsible for the contaminated site that 
the Regulator considers appropriate, 
	(c)	the local authority of the municipality in which the 
contaminated site is located, and
	(d)	any person who, in the opinion of the Regulator, is directly 
and adversely affected by the designation.
(9)  Where the Regulator makes an order under section 24(1) of the 
Conservation and Reclamation Regulation (AR 115/93), the 
Regulator shall provide notice to the operator.
(10)  Where the Regulator makes an order under section 33(1) of the 
Waste Control Regulation (AR 192/96), the Regulator shall provide 
notice to the approval holder and the registration holder.
(11)  Where the Regulator makes a decision in respect of a renewal 
of a licence under section 60 of the Water Act, the Regulator shall 
provide notice to
	(a)	the licensee, in the case of a refusal to renew, and 
	(b)	any person who filed a statement of concern, in the case 
where a licence has been renewed and there has been a public 
review.
(12)  Where the Minister makes an order under section 34(2) of the 
Water Act, the Regulator shall provide notice to the applicant and to 
any other person the Regulator considers appropriate.
(13)  Where the Regulator makes a decision in respect of a matter 
under section 47(1) of the Public Lands Act, the Regulator shall 
provide notice to the person deemed to be a trespasser.
(14)  Where the Regulator makes a decision in respect of a matter 
under section 25(1) where no application has been submitted for a 
disposition, 43(1), 62(1), 69(2)(f)(iii) or 77 of the Public Lands Act, 
the Regulator shall provide notice to the approval holder.
(15)  Where the Regulator makes a decision in respect of a matter 
under section 22(1), 23(2) where there has been no application, 27, 
96(1) or 150 of the Public Lands Administration Regulation 
(AR 187/2011), the Regulator shall provide notice to the approval 
holder.
(16)  Where the Regulator makes a decision in respect of a matter 
under section 20(3)(b) or (c) of the Public Lands Administration 
Regulation (AR 187/2011) and there has been no application made 
for a formal disposition, the Regulator shall provide notice to the 
holder of the expired disposition.
(17)  Where the Regulator makes a decision in respect of a matter 
under section 20(3)(d) of the Public Lands Administration 
Regulation (AR 187/2011), the Regulator shall provide notice to the 
holder of the expired disposition.
(18)  Where the Regulator makes a decision in respect of a matter 
under section 4(5) of the Public Lands Administration Regulation 
(AR 187/2011), the Regulator shall provide notice to the holder of 
the agreement.
(19)  Where the Regulator makes a decision in respect of a matter 
under section 194(2) of the Public Lands Administration Regulation 
(AR 187/2011), the Regulator shall provide notice to the owner of 
the pet animal.
(20)  In addition to providing notice to the persons specified in this 
section, the Regulator may also provide notice to any other person 
whom the Regulator considers appropriate.
Notice of proposed action
7.3(1)  Where the Regulator, on the Regulator's own initiative, 
proposes to make an amendment, deletion or addition to an approval, 
the Regulator shall provide notice to
	(a)	the approval holder, and
	(b)	in respect of a proposed action under an energy resource 
enactment, the Environmental Protection and Enhancement 
Act, the Public Lands Act or the Water Act, any other person 
whom the Regulator considers appropriate.
(2)  Where the Regulator intends to suspend or cancel a disposition 
under section 26 of the Public Lands Act, the Regulator shall provide 
notice to 
	(a)	the approval holder, and
	(b)	any other person whom the Regulator considers appropriate.
(3)  Notice provided under subsection (2) in respect of an intention 
to cancel a disposition must state
	(a)	the Regulator's intention to cancel the disposition after the 
30th day following the date of the notice, and
	(b)	the reason for the cancellation.
Notice of refusing to accept an application
7.4(1)  Where the Regulator refuses to accept an application for a 
reclamation certificate under section 138(1.1) of the Environmental 
Protection and Enhancement Act, the Regulator shall provide notice 
to the operator.
(2)  Where the Regulator refuses to accept an application for a 
remediation certificate under section 117(3.1) of Environmental 
Protection and Enhancement Act, the Regulator shall provide notice 
to the applicant and the registered owner of the land.
(3)  Where the Regulator rejects an application under section 9(7), 
11(6) or 13(6) of the Public Lands Administration Regulation 
(AR 187/2011), the Regulator shall provide notice to the applicant.
Manner of providing notice of decision or action
7.5   For the purpose of providing notice of a decision or action 
taken under sections 7.2, 7.3 and 7.4, the Regulator shall do one or 
more of the following:
	(a)	post notice of the decision or action on the Regulator's 
website;
	(b)	publish notice of the decision or action in one or more issues 
of a newspaper that has daily or weekly circulation in the 
area of the Province to which the decision relates; 
	(c)	provide notice of the decision or action through a 
telecommunication system or electronic medium;
	(d)	make available a copy of the decision or action in one or 
more offices of the Regulator in the area of the Province to 
which the decision relates; 
	(e)	deliver notice of the decision or action to the specified 
persons;
	(f)	provide notice of the decision or action in any other manner 
the Regulator decides is appropriate.

9   The following is added before the Part 2 heading: 
Part 1.1 
Alternative Dispute 
Resolution Meeting
Dispute resolution meeting
7.6(1)  The Regulator may, on its own initiative or on request, 
convene a dispute resolution meeting or direct a person to attend a 
dispute resolution meeting for the purposes of resolving any issue or 
matter in dispute before the Regulator.
(2)  Subject to subsection (3), the Regulator may determine who may 
participate or who is required to participate in a dispute resolution 
meeting.
(3)  In the case of a dispute resolution meeting convened with 
respect to a regulatory appeal, only the following persons may 
participate: 
	(a)	the approval holder;
	(b)	the requester;
	(c)	the decision maker;
	(d)	in the case where the regulatory appeal is in respect of a 
matter under the Public Lands Act, any person who would 
otherwise be entitled to participate under section 212(4) of 
the Public Lands Administration Regulation (AR 187/2011) 
who has elected to participate.
(4)  The Regulator may define the nature and scope of a dispute 
resolution meeting before the meeting commences. 
(5)  A dispute resolution meeting may be in the nature of one of the 
following: 
	(a)	facilitation by staff of the Regulator;
	(b)	mediation by staff of the Regulator;
	(c)	mediation by a hearing commissioner;
	(d)	binding alternative dispute resolution by a hearing 
commissioner;
	(e)	any other form of dispute resolution that the Regulator 
considers appropriate in the circumstances.
(6)  Where the Regulator requires a person to attend a dispute 
resolution meeting, and the person fails to attend, the Regulator may 
proceed with the dispute resolution meeting in the absence of that 
person.
Confidentiality
7.7(1)  A dispute resolution meeting may not be recorded, 
transcribed or form part of the record of a hearing or other 
proceeding.
(2)  All persons attending a dispute resolution meeting shall treat 
admissions, concessions, offers to settle and related discussions as 
confidential and without prejudice.
(3)  Admissions, concessions, offers to settle and related discussions 
in a dispute resolution meeting are not admissible in a hearing or 
other proceeding without the consent of all persons participating in 
the dispute resolution meeting.
Agreement
7.8   Notwithstanding section 7.7, where an agreement is signed by 
the parties to a dispute resolution meeting, the terms of that 
agreement related to matters within the authority of the Regulator 
may be incorporated in and form part of the decision of the 
Regulator only where a person with authority to make a decision on 
behalf of the Regulator has attended the dispute resolution meeting 
and finds the terms acceptable.
Dispute resolution meetings conducted by  
hearing commissioner 
7.81(1)  If a dispute resolution meeting is convened, it shall be 
conducted by a hearing commissioner where
	(a)	a notice of hearing has been issued for an application and no 
other dispute resolution meeting is being held in respect of 
the same matter, or 
	(b)	a request for regulatory appeal has been filed in respect of an 
appealable decision and has not been dismissed. 
Agreement as to process on hearing
7.82   If the issues or matters for which a dispute resolution meeting 
was convened are not resolved, the parties may agree to
	(a)	a date for a future meeting,
	(b)	an agreed statement of facts,
	(c)	matters related to evidence,
	(d)	matters to be included in the hearing, and
	(e)	any matter of procedure.
Binding dispute resolution
7.9(1)  The parties to a hearing on an application or a regulatory 
appeal may agree to a final resolution of the application or the 
regulatory appeal by way of binding dispute resolution conducted by 
a hearing commissioner instead of by a hearing, and in doing so 
agree that the decision made by a hearing commissioner is not 
subject to regulatory appeal. 
(2)  The Regulator shall provide a copy of a decision referred to in 
subsection (1) to each party.

10   Section 8 is amended
	(a)	in subsection (2)(c)(ii) by striking out "interveners" 
and substituting "party";
	(b)	by repealing subsection (3) and substituting the 
following:
(3)  A notice of hearing may contain a schedule showing the time 
limits for filing and serving requests to participate, requests for 
advance of funds, submissions, responses and replies, 
information requests, documentary evidence and written 
argument.
(4)  The Regulator may issue an amended notice of hearing.

11   Section 9 is repealed and the following is substituted: 
Request to participate
9(1)  A person who wishes to participate in a hearing on an 
application shall file with the Regulator a request to participate and 
serve a copy on the applicant within the time set out in the notice of 
hearing.
(2)  A request to participate must be in writing and must contain
	(a)	a copy of the person's statement of concern or an explanation 
as to why the person did not file a statement of concern,
	(b)	a concise statement indicating 
	(i)	why and how the person may be directly and adversely 
affected by a decision of the Regulator on the 
application, or 
	(ii)	if the person will not be directly and adversely affected 
by a decision of the Regulator on the application, what 
the nature of the person's interest in the matter is and 
why the person should be permitted to participate,
	(c)	if the person will not be directly and adversely affected by a 
decision of the Regulator on the application, an explanation 
of how 
	(i)	the person's participation will materially assist the 
Regulator in deciding the matter that is the subject of 
the hearing,
	(ii)	the person has a tangible interest in the subject-matter of 
the hearing,
	(iii)	the person's participation will not unnecessarily delay 
the hearing, and
	(iv)	the person will not repeat or duplicate evidence 
presented by other parties,
	(d)	the outcome of the application that the person advocates, 
	(e)	the nature and scope of the person's intended participation,
	(f)	the person's contact information,
	(g)	if the person is acting on behalf of a group or association of 
persons, the nature of the person's membership in the group 
or association, and
	(h)	the person's efforts, if any, to resolve issues associated with 
the proceeding directly with the applicant. 
(3)  The Regulator may refuse to allow a person to participate in the 
hearing on an application if the Regulator is of the opinion that any 
of the following circumstances apply:
	(a)	the person's request to participate is frivolous, vexatious, an 
abuse of process or without merit;
	(b)	the person has not demonstrated that the decision of the 
Regulator on the application may directly and adversely 
affect the person;
	(c)	in the case of a group or association, the request to participate 
does not demonstrate to the satisfaction of the Regulator that 
a majority of the persons in the group or association may be 
directly and adversely affected by the decision of the 
Regulator on the application;
	(d)	the person has not demonstrated that 
	(i)	the person's participation will materially assist the 
Regulator in deciding the matter that is the subject of 
the hearing,
	(ii)	the person has a tangible interest in the subject-matter of 
the hearing,
	(iii)	the person's participation will not unnecessarily delay 
the hearing, and
	(iv)	the person will not repeat or duplicate evidence 
presented by other parties;
	(e)	the Regulator considers it appropriate to do so for any other 
reason.
Nature and scope of participation
9.1(1)  If the Regulator permits a person who has submitted a 
request to participate in a hearing, the Regulator shall specify the 
nature and scope of the person's permitted participation, including 
	(a)	whether the participant may make representations orally or 
by means of written submission only,
	(b)	whether the participant may question witnesses,
	(c)	specifying the issues for which the participant is allowed to 
make submissions, representations and argument, and
	(d)	otherwise defining the nature of the participant's 
involvement at a hearing. 
(2)  The applicant shall provide the participant with copies of any of 
the following documents and material that the applicant has not 
previously provided the participant:
	(a)	the application and any other documents filed in support of 
the application;
	(b)	any material filed as documentary evidence.
Submission on merits
9.2(1)  All parties participating in a hearing shall file a submission 
and serve a copy of it on the other parties within the time limits set 
out in the notice of hearing.
(2)  A submission must be in writing and must state the following:
	(a)	the outcome of the application that the person advocates;
	(b)	the facts the person proposes to show in evidence, the nature 
and extent of testimony and any expert reports and evidence;  
	(c)	a list of witnesses the person intends to present to speak to 
the evidence referred to in clause (b);
	(d)	the reasons why the person believes the Regulator should 
decide in the manner that the person advocates;
	(e)	anything else that the Regulator directs the parties to address 
in a submission.
(3)  The Regulator may
	(a)	direct a party to provide additional information to the 
Regulator, or
	(b)	direct a party to make further submissions, either orally or in 
writing, on the original submission.
(4)  Where the Regulator determines that a matter or issue will not be 
included in the hearing of an application, no representations may be 
made on that matter or issue in the submissions or at the hearing. 

12   Section 11 is repealed.

13   Section 16 is repealed. 

14   Section 18 is repealed and the following is substituted: 
Nature of hearing
18   The Regulator may conduct a hearing in writing, electronically 
or orally, or by any combination of those methods.

15   Section 19(2) is repealed. 

16   The following is added after section 19: 
Time limits
19.1   In the case of an electronic or oral hearing, the Regulator shall 
establish time limits for
	(a)	presentation of evidence, 
	(b)	questioning of witnesses, 
	(c)	argument, and
	(d)	any other procedural items.

17   Section 29 is repealed. 

18   Section 30 is repealed and the following is substituted: 
Form of request for regulatory appeal
30(1)  A request for a regulatory appeal must be in writing and must 
contain the following:
	(a)	a copy of the appealable decision;
	(b)	an explanation as to why the person should be considered an 
eligible person under section 36 of the Act;
	(c)	the legal description or GPS co-ordinates of
 	(i)	the land or residence of the requester, and
	(ii)	the location on which the energy resource activity that is 
the subject of the appealable decision and the request is 
or will be located;
	(d)	a clear and concise statement of the facts relevant to the 
regulatory appeal;
	(e)	the grounds on which the request for regulatory appeal is 
made;
	(f)	the relief requested; 
	(g)	the requester's contact information.
(2)  In the case of a request for regulatory appeal of an appealable 
decision on an application, the request must also include a copy of 
the statement of concern filed by the requester, or an explanation as 
to why the requester did not file a statement of concern. 
(3)  A request for regulatory appeal must be filed with the Regulator 
in accordance with section 47 within the following time periods:
	(a)	in the case of a regulatory appeal in respect of an 
enforcement order issued under section 210(1)(a), (b) or (c) 
or an environmental protection order issued under section 
129, 140 or 141 of the Environmental Protection and 
Enhancement Act, no later than 7 calendar days after notice 
of the order was issued;
	(b)	in the case of a regulatory appeal in respect of a water 
management order issued under section 97 or an enforcement 
order issued under section 135 of the Water Act, no later than 
7 calendar days after notice of the order is issued;
	(c)	in the case of a regulatory appeal in respect of an 
enforcement order issued under section 59.1 of the Public 
Lands Act, no later than 7 calendar days after notice of the 
order is issued;
	(d)	in the case of a regulatory appeal in respect of an approval 
issued under section 38 of the Water Act, no later than 7 
calendar days after notice of the order is issued;
	(e)	in the case of a regulatory appeal in respect of the removal of 
a thing under section 69(2)(f)(iii) of the Public Lands Act, no 
later than 3 hours after the thing is removed;
	(f)	in the case of a regulatory appeal in respect of a stop order 
issued under section 59.2 of the Public Lands Act, no later 
than 3 hours after the order is issued;
	(g)	in the case of a regulatory appeal in respect of an order issued 
under section 23(4), 182, 201(b), 204(1) or 205 of the Public 
Lands Administration Regulation (AR 187/2011), no later 
than 7 calendar days after notice of the order is issued;
	(h)	in the case of a regulatory appeal in respect a reclamation 
certificate issued under section 138 of the Environmental 
Protection and Enhancement Act, no later than one year after 
the reclamation certificate is issued;
	(i)	in the case of a regulatory appeal in respect of an order issued 
under section 20, 25, 31.6(1) or 45(2) of the Coal 
Conservation Act, no later than 7 calendar days after the 
notice of order is issued;
	(j)	in the case of a regulatory appeal in respect of an order issued 
under section 27, 30 or 44 of the Oil and Gas Conservation 
Act, no later than 7 calendar days after the notice of order is 
issued;
	(k)	in the case of a regulatory appeal in respect of an order issued 
under section 9 of the Oil Sands Conservation Act, or under 
section 15 of the Oil Sands Conservation Act if the order was 
made without a hearing, no later than 7 calendar days after 
notice of the order is issued;
	(l)	in the case of a regulatory appeal in respect of an order issued 
under section 23, 26 or 29 of the Pipeline Act, no later than 7 
calendar days after notice of the order is issued;
	(m)	in the case of a regulatory appeal in respect of any other 
appealable decision, no later than 30 calendar days after 
notice of the decision is issued.
(4)  A request for regulatory appeal must be accompanied with a 
request fee, if a request fee is required.
(5)  A person who files a request for regulatory appeal shall serve a 
copy of the request for regulatory appeal on
	(a)	the registered owner of the land on which the energy resource 
activity that is the subject of the request for regulatory appeal 
is or will be located, 
	(b)	the approval holder, and
	(c)	any other person that the Regulator requires.
(6)  If a request for regulatory appeal is not complete in the opinion 
of the Regulator, the Regulator may notify the person who filed the 
request for regulatory appeal in writing and request the information 
necessary to make the request for regulatory appeal complete. 
(7)  If the person who files a request for regulatory appeal does not 
supply the information in order to make the request for regulatory 
appeal complete within the time period specified, the Regulator may 
dismiss the request.

19   Section 31 is repealed and the following is substituted: 
Dismissal of or hearing on a regulatory appeal
31(1)   The Regulator may 
	(a)	dismiss the request for a regulatory appeal pursuant to 
section 39(4) of the Act, or
	(b)	dismiss part of the request for regulatory appeal pursuant to 
section 39(4) of the Act and proceed on the other part. 
(2)  If the Regulator sets a regulatory appeal down for hearing, the 
Regulator shall identify the matters or issues to be considered in the 
regulatory appeal. 
(3)  The regulatory appeal shall not include any matters already 
adequately dealt with through another hearing, regulatory appeal or 
review under any enactment.
(4)  Where the Regulator determines that a matter will not be 
included in the hearing of a regulatory appeal, no representations 
may be made on that matter in the submissions or at the hearing.
Additional information
31.1   The Regulator may allow new information to be submitted in 
a regulatory appeal if the information is relevant and material to the 
decision appealed from and was not available to the person who 
made the decision at the time the decision was made.
20   The following is added after section 32:
Request to participate
32.1(1)  A person who wishes to participate in a hearing on a 
regulatory appeal shall file a request to participate with the Regulator 
and serve a copy on the parties within the time set out in the notice 
of hearing.
(2)  A request to participate must be in writing and must contain
	(a)	a copy of the person's statement of concern, if applicable,
	(b)	a concise statement indicating 
	(i)	why the person may be directly and adversely affected 
by a decision of the Regulator on the regulatory appeal, 
or 
	(ii)	if the person will not be directly and adversely affected 
by a decision of the Regulator on the regulatory appeal, 
what the nature of the person's interest in the matter is 
and why the person should be permitted to participate,
	(c)	if the person will not be directly and adversely affected by 
the decision of the Regulator on the regulatory appeal, an 
explanation of how 
	(i)	the person's participation will materially assist the 
Regulator in deciding the matter that is the subject of 
the regulatory appeal,
	(ii)	the person has a tangible interest in the subject-matter of 
the regulatory appeal,
	(iii)	the person's participation will not unnecessarily delay 
the regulatory appeal, and
	(iv)	the person will not repeat or duplicate evidence 
presented by other parties,
	(d)	the outcome of the regulatory appeal that the person 
advocates, 
	(e)	the nature and scope of the person's intended participation,
	(f)	the person's contact information,
	(g)	if the person is acting on behalf of a group or association of 
persons, the nature of the person's membership in the group 
or association, and
	(h)	the person's efforts, if any, to resolve issues associated with 
the proceeding directly with the requester or the approval 
holder, as the case may be.
(3)  The Regulator may refuse to allow a person to participate in a 
hearing on a regulatory appeal if the Regulator is of the opinion that 
any of the following circumstances apply:
	(a)	the person's request to participate is frivolous, vexatious, an 
abuse of process or without merit;
	(b)	the person has not demonstrated that the decision of the 
Regulator in the proceeding may directly and adversely affect 
the person;
	(c)	in the case of a group or association, the request to participate 
does not demonstrate to the satisfaction of the Regulator that 
a majority of the persons in the group or association may be 
directly and adversely affected by the decision of the 
Regulator;
	(d)	the person has not demonstrated that 
	(i)	the person's participation will materially assist the 
Regulator in deciding the matter that is the subject of 
the regulatory appeal,
	(ii)	the person has a tangible interest in the subject-matter of 
the regulatory appeal,
	(iii)	the person's participation will not unnecessarily delay 
the regulatory appeal, and
	(iv)	the person will not repeat or duplicate evidence 
presented by other parties;
	(e)	any other reason the Regulator considers appropriate.
Nature and scope of participation
32.2   The Regulator shall specify the nature and scope of each 
party's participation in a hearing on a regulatory appeal, including 
	(a)	whether the party may make representations orally or by 
means of written submission only,
	(b)	whether the party may question witnesses,
	(c)	specifying the issues for which a party is allowed to make 
submissions, representations and argument, and
	(d)	otherwise defining the nature of a party's involvement at a 
regulatory appeal. 
Order of presentation
32.3(1)  The order of presentation at a hearing on a regulatory 
appeal shall be
	(a)	the requester,
	(b)	the approval holder, and
	(c)	the decision maker.
(2)  The Regulator may determine where any other parties fit in the 
order set out in subsection (1). 
Discontinuation of regulatory appeal
32.4   The Regulator shall discontinue a regulatory appeal if the 
requester withdraws its request for regulatory appeal.

21   The following is added after section 34: 
Crown request for reconsideration
34.1   In exercising its discretion under section 42 of the Act, the 
Regulator shall consider whether the Crown has requested that a 
reconsideration be conducted for the purpose of addressing the 
impacts, and the means to mitigate the impacts, to Aboriginal 
peoples.

22   Section 38(1) is amended
	(a)	by renumbering it as section 38;
	(b)	in clause (b) by striking out "7" and substituting 
"7.1";
	(c)	by striking out "considered appropriate by the Regulator" 
and substituting "the Regulator considers appropriate".

23  Section 40 is amended by striking out "the disposition of". 

24   Section 41 is amended
	(a)	in subsection (2) by striking out "The" and 
substituting "Unless otherwise provided, the";
	(b)	in subsection (3) by striking out ", with or without a 
hearing,". 

25   Section 42 is amended by striking out ", with or without a 
hearing,".

26   Section 43 is repealed. 

27   Section 45 is amended by striking out "in the notice of 
hearing" and substituting "by the Regulator". 

28   Sections 47(3) and 48(2) are amended by striking out 
"statement of concern or other".

29   Section 49 is amended by adding the following after 
subsection (6):
(7)  This section does not apply in respect of information and 
documents referred to in section 35 of the Environmental 
Protection and Enhancement Act, section 166 of the Public 
Lands Administration Regulation (AR 187/2011) or section 15 of 
the Water (Ministerial) Regulation (AR 205/98). 

30   Section 54 is amended by renumbering it as section 
54(1) and by adding the following after subsection (1): 
(2)  If a party fails to comply with these Rules or a direction of the 
Regulator, the Regulator may
	(a)	make an order that the Regulator considers appropriate to 
ensure the fair determination of an issue, or
	(b)	adjourn the proceeding until it is satisfied that these Rules or 
the direction of the Regulator has been complied with.
(3)  If a party fails to comply with a time limit specified in these 
Rules or set by the Regulator for the filing of documentary evidence 
or other material, the Regulator may, in addition to its powers under 
subsection (2), disregard the documentary evidence or other 
material. 
(4)  No proceeding is invalid by reason of a defect or other 
irregularity in form.

31   Section 55 is amended
	(a)	in subsection (1) by striking out "the applicant, a 
person who files a statement of concern or an intervener" 
and substituting "a party".
	(b)	by repealing subsection (2) and substituting the 
following:
(2)  If the party does not file the information, documents or 
material when directed to do so by the Regulator under 
subsection (1), the Regulator may
	(a)	adjourn the proceeding until the information, documents 
or material is filed, or
	(b)	make any other order or direction it considers 
appropriate.

32   Section 58 is amended 
	(a)	by renumbering it as section 58(1);
	(b)	in clause (c) by adding "or any other proceeding for 
which the Regulator has decided to conduct binding dispute 
resolution" after "issued"; 
	(c)	by adding the following after subsection (1):
(2)  A participant as defined in subsection (1)(c) includes a 
requester in respect of a regulatory appeal.

33   The following is added after section 58: 
Considerations for awarding costs
58.1   The Regulator shall consider one or more of the following 
factors when making a decision in respect of an application by a 
participant for an advance of funds request, an interim award of costs 
or a final award of costs:
	(a)	whether there is a compelling reason why the participant 
should not bear its own costs; 
	(b)	the shared responsibility of all Alberta citizens for ensuring 
the protection, enhancement and wise use of the environment 
through individual actions;
	(c)	in the case of an advance of funds, whether the submission of 
the participant will contribute to the binding dispute 
resolution meeting or hearing;
	(d)	in the case of interim costs, whether the participant, 
	(i)	has a clear proposal for the interim costs, and
	(ii)	has demonstrated a need for the interim costs;
	(e)	whether the participant has made an adequate attempt to use 
other funding sources;
	(f)	whether the participant has attempted to consolidate common 
issues or resources with other parties;
	(g)	in the case of final costs, whether an advance of funds or 
interim costs were awarded;
	(h)	whether the application for an advance of funds or for interim 
or final costs was filed with the appropriate information;
	(i)	whether the participant required financial resources to make 
an adequate submission;
	(j)	whether the submission of the participant made a substantial 
contribution to the binding resolution meeting, hearing or 
regulatory appeal;
	(k)	whether the costs were reasonable and directly and 
necessarily related to matters contained in the notice of 
hearing on an application or regulatory appeal and the 
preparation and presentation of the participant's submission; 
	(l)	whether the participant acted responsibly in the proceeding 
and contributed to a better understanding of the issues before 
the Regulator;
	(m)	the conduct of any participant that tended to shorten or to 
unnecessarily lengthen the proceeding;
	(n)	a participant's denial of or refusal to admit anything that 
should have been admitted;
	(o)	whether any step or stage in the proceedings was
	(i)	improper, vexatious or unnecessary, or
	(ii)	taken through negligence, mistake or excessive caution;
	(p)	whether the participant refused to attend a dispute resolution 
meeting when required by the Regulator to do so;
	(q)	the participant's efforts, if any, to resolve issues associated 
with the proceeding directly with the applicant through a 
dispute resolution meeting or otherwise;
	(r)	any other factor that the Regulator considers appropriate.

34   Section 59 is repealed and the following is substituted: 
Advance of funds request
59(1)  A participant may, in accordance with the timelines set out in 
the notice of hearing for an application or regulatory appeal, make a 
request to the Regulator for an advance of funds in accordance with 
the Directive.
(2)  The Regulator may award an advance of funds to a participant if 
it finds it appropriate to do so in the circumstances of a case, taking 
into account the factors listed in section 58.1.
(3)  If the Regulator awards an advance of funds to a participant 
under subsection (2), the Regulator shall 
	(a)	direct the applicant, in the case of an application, or the 
approval holder, in the case of a regulatory appeal, to 
advance funds to the participant, and
	(b)	set out the terms for repayment of the advance of funds to the 
applicant or approval holder by the participant.

35   Section 61 is amended by repealing subsections (3) and 
(4) and substituting the following: 
(3)  The Regulator may award interim costs to a participant if it finds 
it appropriate to do so in the circumstances of a case, taking into 
account the factors listed in section 58.1.
(4)  If the Regulator awards interim costs to a participant under 
subsection (3), the Regulator shall 
	(a)	direct the applicant, in the case of an application, or the 
approval holder, in the case of a regulatory appeal, to pay the 
interim costs to the participant, and
	(b)	set out the terms for repayment of the interim costs to the 
applicant or the approval holder by the participant if the 
Regulator varies or denies costs on the claim for costs filed 
by the participant at the close of the proceeding.

36   Section 63 is amended
	(a)	in clause (a) by adding "or the approval holder, as the 
case may be," after "applicant";
	(b)	in clause (b)
 	(i)	 by adding "or the approval holder's" after 
"applicant's";
	(ii)	by adding "or approval holder" after 
"applicant".

37   Section 64 is repealed and the following is substituted: 
Costs awarded
64   The Regulator may award costs to a participant if it finds it 
appropriate to do so in the circumstances of a case, taking into 
account the factors listed in section 58.1.

38   Section 65 is repealed and the following is substituted: 
Liability for costs
65   Unless the Regulator otherwise directs, an applicant or approval 
holder shall pay the costs awarded to a participant.

39   Section 66 is amended
	(a)	in subsection (2) by adding "or the approval holder, as 
the case may be," after "applicant";
	(b)	in subsection (3) by adding "or approval holder" after 
"applicant";
	(c)	in subsection (4) by striking out "direction" and 
substituting "order". 

40(1)  This Regulation comes into force on November 30, 
2013. 
(2)  The provisions of the Alberta Energy Regulator Rules of 
Practice (AR 99/2013), as amended by this Regulation, that 
refer to the Environmental Protection and Enhancement Act 
or the Water Act, or any regulations under those Acts, apply 
only on the coming into force of section 1(s)(i) and (iii) of 
the Responsible Energy Development Act.


--------------------------------
Alberta Regulation 204/2013
Responsible Energy Development Act
ENFORCEMENT OF PRIVATE SURFACE AGREEMENT RULES
Filed: November 14, 2013
For information only:   Made by the Alberta Energy Regulator on November 12, 2013 
pursuant to section 66 of the Responsible Energy Development Act. 
Table of Contents
	1	Definitions
	2	Application
Part 1 
Registration of Private Surface Agreement
	3	Request to register private surface agreement
	4	Registration of private surface agreement
	5	Cancellation of registration
	6	Use of registered private surface agreement
Part 2 
Order to Comply
	7	Request for an order to comply
	8	Additional information, documents and materials
	9	Failure to provide further information, documents or other materials
	10	Examination
	11	Decision on request for order to comply
	12	Referral of request for order to comply
Part 3 
Public Information
	13	Public information
	14	Expiry
	15	Coming into force
Definitions
1   In these Rules,
	(a)	"Act" means the Responsible Energy Development Act;
	(b)	"AER registration number" means the registration number 
assigned by the Regulator in respect of a private surface 
agreement registered under section 4;
	(c)	"party" means a signatory to a private surface agreement or 
any successor to or assignee of that signatory;
	(d)	"private surface agreement" means a signed and dated 
written agreement between a holder and an owner or 
occupant of land that concerns any aspect of the holder's 
access to or use of that land for the purposes of an energy 
resource activity, but does not include an order granted by 
the Surface Rights Board;
	(e)	"registration", in respect of a private surface agreement, 
means the process of filing a copy of the private surface 
agreement and any amendments to the private surface 
agreement with the Regulator;
	(f)	"request for an order to comply" means a request by an 
owner or occupant of land to the Regulator to issue an order 
to comply under section 64 of the Act.
Application
2   These Rules apply to private surface agreements made after the 
coming into force of these Rules.
Part 1 
Registration of Private 
Surface Agreement
Request to register private surface agreement
3   Where an owner or occupant of land wishes to register a private 
surface agreement, the owner or occupant must provide the following 
documents and information to the Regulator in writing:
	(a)	a copy of the private surface agreement;
	(b)	the name, address in Alberta, telephone number and e-mail 
address, if available, of the owner or occupant;
	(c)	the type and location of the energy resource activity to which 
the private surface agreement relates.
Registration of private surface agreement
4   The Regulator may register a private surface agreement received 
under section 3 if the Regulator is of the opinion that the private 
surface agreement 
	(a)	relates to an energy resource activity on land owned or 
occupied by one of the parties, and
	(b)	is the current and entire agreement between the parties in 
respect of the energy resource activity on the land for which 
the agreement was made.
Cancellation of registration
5   If the Regulator determines that the registration of a private surface 
agreement was the result of a mistake, an error or a false or fraudulent 
act, the Regulator shall cancel the registration.
Use of registered private surface agreement
6   A private surface agreement that is registered with the Regulator 
shall be considered by the Regulator only for the purposes of Part 2.
Part 2 
Order to Comply
Request for an order to comply
7(1)  A request for an order to comply must
	(a)	be in writing,
`	(b)	indicate the term or condition of the registered private 
surface agreement that the owner or occupant believes the 
holder is not complying with,
	(c)	set out the basis for, and provide information that 
demonstrates, the alleged non-compliance, and
	(d)	indicate the AER registration number.
(2)  No request for an order to comply may be submitted to the 
Regulator after one year from the date on which the owner or occupant 
first knew, or in the circumstances ought to have known, that a term or 
condition of the private surface agreement was not complied with.
(3)  An owner or occupant making the request under subsection (1) 
shall serve a copy of the request on the holder of the registered private 
surface agreement
	(a)	by personal delivery, courier service, ordinary mail, fax or 
electronic means to the holder's address contained in the 
private surface agreement or to the registered office or 
principal place of business of the holder or the holder's 
representative in Alberta, or
	(b)	by any other method as the Regulator directs.
Additional information, documents and materials
8   When the Regulator receives a request for an order to comply, the 
Regulator may direct the owner or occupant or the holder of the 
registered private surface agreement to which the request relates to file 
with the Regulator further information, documents or materials within 
a specified period to permit a full and satisfactory understanding of the 
alleged non-compliance with a term or condition of the registered 
private surface agreement.
Failure to provide further information, documents or materials
9   The Regulator may, where the owner or occupant or holder fails to 
respond to a direction under section 8, or does so in a manner the 
Regulator determines to be inadequate,
	(a)	proceed to consider a request for an order to comply, or
	(b)	dismiss a request.
Examination
10   The Regulator may, in respect of a request for an order to comply, 
on its own volition or on the written request of a party, conduct an 
examination of the land to which the registered private surface 
agreement applies to determine whether a term or condition of the 
agreement has been complied with.
Decision on request for order to comply
11   If the Regulator issues an order to comply, the Regulator shall 
provide the owner or occupant and the holder of the registered private 
surface agreement with a copy of its decision and publish or otherwise 
make available the Regulator's decision.
Referral of request for order to comply
12   When the Regulator receives a request for an order to comply and 
is of the opinion that there is a more appropriate forum to deal with the 
matter, the Regulator may, instead of deciding the request,
	(a)	provide for the resolution of the request through settlement 
meetings, mediation or other dispute resolution processes, or 
	(b)	direct the owner or occupant of the registered private surface 
agreement who made the request to have the matter 
considered by a court or by the Surface Rights Board.
Part 3 
Public Information
Public information
13(1)  The Regulator may place on the public record the following 
information respecting the registration of a private surface agreement:
	(a)	the name of the holder of the private surface agreement;
	(b)	the date of the private surface agreement;
	(c)	the date the Regulator registered the private surface 
agreement;
	(d)	a description of the energy resource activity to which the 
private surface agreement relates;
	(e)	the location of the energy resource activity site;
	(f)	the AER registration number.
(2)  The Regulator shall, on receiving a request for an order to comply, 
place on the public record the registered private surface agreement to 
which the request applies and all other documents, information and 
materials filed or provided with respect to the request.
Expiry
14   For the purpose of ensuring that these Rules are reviewed for 
ongoing relevancy and necessity, with the option that they may be 
repassed in their present or an amended form following a review, these 
Rules expire on September 30, 2023.
Coming into force
15   These Rules come into force on the coming into force of Part 3 of 
the Responsible Energy Development Act.