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Alberta Regulation 220/2013
New Home Buyer Protection Act
NEW HOME BUYER PROTECTION (MINISTERIAL) REGULATION
Filed: December 2, 2013
For information only:   Made by the Minister of Municipal Affairs on November 27, 
2013 pursuant to section 28(2) of the New Home Buyer Protection Protection Act. 
Table of Contents
	1	Definitions
Part 1 
General
	2	Application of Act
	3	Owner builder criteria
	4	Owner builder authorizations
	5	Compliance orders
	6	Service of compliance orders and notices
Part 2 
New Home Buyer Protection Act Appeal Board
	7	Establishment of New Home Buyer Protection Act Appeal Board
	8	Notice of appeal
	9	Persons affected by compliance orders
	10	Interveners
	11	Additional grounds
	12	Applications for stay
	13	Notice of hearing
	14	Nature of hearing
	15	Adjournments
	16	Case management
	17	Representation by lawyer or other agent
	18	Hearing open to public
	19	Rules of Court
	20	Absence of party
	21	Oral hearing procedures
	22	Appeal without hearing
	23	Dismissal of appeals
	24	Withdrawals
	25	Dispute resolution
	26	Reconsiderations
	27	Costs
	28	Evidence
	29	Decisions and orders of Board
	30	Publication
	31	Expiry
	32	Coming into force 
 
Schedule
Definitions
1   In this Regulation,
	(a)	"Act" includes the regulations made under the statute;
	(b)	"appeal" means an appeal referred to in section 17(1) of the 
statute;
	(c)	"statute" means the New Home Buyer Protection Act.
Part 1 
General
Application of Act
2(1)  In subsection (2)(b),
	(a)	"building code" means the Alberta Building Code 2006 
declared in force by the Building Code Regulation 
(AR 117/2007); 
	(b)	"mobile home" means a structure that is designed to be 
moved from place to place and that is intended for residential 
occupancy.
(2)  The following buildings are exempt from the definition of new 
home in section 1(1)(s) of the statute:
	(a)	a home built by one of the following societies:
	(i)	Habitat for Humanity - Camrose Society;
	(ii)	Habitat for Humanity - Edmonton Society;
	(iii)	Habitat for Humanity Lethbridge Society;
	(iv)	Habitat for Humanity Red Deer Region Society;
	(v)	Habitat for Humanity Southern Alberta Society;
	(b)	any mobile home that is not subject to the building code;
	(c)	detached amenity buildings; 
	(d)	detached parking garages; 
	(e)	detached recreation facilities;
	(f)	detached swimming pools.
(3)  Subsection (2)(a) applies only 
	(a)	where one of the societies listed in subsection (2)(a) sells a 
home to an individual who has the intention of living in it, 
and 
	(b)	the purchase and sale agreement in respect of that home 
prohibits the individual from selling the home to anyone 
other than the society or its successors.
(4)  The Alberta Social Housing Corporation is exempt from the 
application of the Act.
(5)  Despite section 3(8) of the statute,
	(a)	a residential builder of a multiple family dwelling built for 
rental purposes is exempt from the requirement of section 
3(1)(a) of the statute, and
	(b)	a sole owner of a multiple family dwelling built for rental 
purposes is exempt from the requirement of section 3(2) of 
the statute.
(6)  Subsection (5) applies only where the residential builder or owner 
registers the building with the Registrar and
	(a)	does not sell or agree to sell or make any other disposition of 
the multiple family dwelling except if the multiple family 
dwelling is sold to a person who satisfies the requirements of 
subsection (5) and this subsection, 
	(b)	does not register a condominium plan in respect of the 
multiple family dwelling or a portion of the multiple family 
dwelling, or 
	(c)	does not subdivide the multiple family dwelling in any other 
manner
for 10 years from the earlier of 
	(d)	the date an accredited agency, accredited municipality or 
accredited regional services commission grants permission to 
occupy the multiple family dwelling, and 
	(e)	if permission described in clause (d) is not granted, the date 
the multiple family dwelling is first occupied
and provides an acknowledgment in a form satisfactory to the 
Registrar of the obligations under the Act of the residential builder or 
the owner if the exemption ceases to apply.
Owner builder criteria
3   For the purposes of section 5 of the statute, the prescribed criteria 
that an individual must meet to obtain an authorization are as follows:
	(a)	the individual must intend to personally reside in the new 
home for at least 10 years;
	(b)	the individual must be the registered owner
	(i)	as the sole owner,
	(ii)	as a joint tenant, or
	(iii)	as a tenant in common with at least a one-half interest
of an estate in fee simple in the land upon which the new 
home is to be constructed;
	(c)	if clause (b)(ii) or (iii) applies, that the individual is the 
registered owner with other owners who are all individuals;
	(d)	the individual must intend to personally engage in, arrange 
for or manage all or substantially all of the construction of 
the new home;
	(e)	the individual has not made a false or misleading statement in 
a previous application for an authorization;
	(f)	the individual has not contravened the Act;
	(g)	the individual has not been issued an authorization for at least 
3 years since the date of the individual's first occupancy of a 
new home for which the individual was issued the most 
recent previous authorization;
	(h)	the individual has not been ordinarily resident in a new home 
for which another individual was issued an authorization in 
the previous 3 years.
Owner builder authorizations
4(1)  In this section,
	(a)	"operator's licence" has the same meaning as in section 
1(1)(bb) of the Traffic Safety Act;
	(b)	"identification card" has the same meaning as in Schedule 
12, section 16 of the Government Organization Act.
(2)  An applicant for an authorization must provide information, 
including but not limited to the following, in a form and manner 
acceptable to the Registrar:
	(a)	the civic address and legal description of the land where the 
new home will be built;
	(b)	the applicant's address for service;
	(c)	a description of the applicant's registered interest in the land 
on which the new home will be built;
	(d)	a true copy of the applicant's operator's licence or 
identification card;
	(e)	the names and birthdates of the adults who intend to be 
normally resident in the new home; 
	(f)	a list of the names, trades and contact information for all the 
subcontractors that the applicant intends to be involved in 
building the new home.
(3)  The applicant must also provide a statement in a form and manner 
acceptable to the Registrar and signed by the applicant acknowledging 
or confirming that
	(a)	the applicant meets the criteria listed in section 3,
	(b)	the applicant intends to personally engage in or arrange for or 
manage all of the new construction of the new home, 
	(c)	the applicant intends to personally occupy the new home as 
the applicant's primary residence for at least 10 years, 
	(d)	the applicant understands the conditions under the Act 
applicable to authorizations and, in particular, the applicant's 
potential obligations under section 4 of the statute,
	(e)	the applicant is required to and will update the registry under 
the Act to include information required under subsection (5),
	(f)	the applicant is required to obtain warranty coverage on the 
new home, or obtain an exemption from the Registrar from 
that requirement, if the applicant wishes to sell or offer to sell 
the new home before the end of the purchase period, and
	(g)	warranty providers have the discretion respecting owner built 
homes
	(i)	not to provide coverage under a home warranty 
insurance contract,
	(ii)	to determine the cost of coverage under a home 
warranty insurance contract based on a risk assessment 
performed by a warranty provider, and
	(iii)	to request detailed information about the new home and 
the construction process from the owner builder.
(4)  Despite subsection (3)(a), if the applicant does not meet the criteria 
listed in section 3, the applicant must provide, with the statement under 
subsection (3), a written explanation as to why the application should 
still be considered.
(5)  An applicant for an authorization must undertake to provide 
information, including but not limited to the following, in a form and 
manner acceptable to the Registrar at the time the information becomes 
available:
	(a)	the names of and contact information for all the 
subcontractors who were involved in building the new home, 
if different from those who were listed on the statement 
provided under subsection (2)(f);
	(b)	the date when the applicant first occupies the new home.
(6)  Where section 3(b)(ii) or (iii) applies, all registered owners of an 
interest in an estate in fee simple in the land upon which the new home 
is to be constructed must apply for the authorization.
(7)  The Registrar may require any document that an applicant 
provides under this section be witnessed by a person who sees the 
applicant for authorization actually sign the document, who then must 
swear an affidavit of execution and give it to the Registrar.
Compliance orders
5(1)  A compliance order must specify the action that a person must 
take, stop or modify, including but not limited to the following, by the 
date specified in the order:
	(a)	apply to obtain an authorization or to be granted an 
exemption in accordance with the Act;
	(b)	comply with a provision of the Act;
	(c)	obtain the required home warranty coverage;
	(d)	provide to a prospective owner a copy of the disclosure 
notice referred to in section 3(2) or (5) of the statute;
	(e)	provide documentation to a compliance officer to assist the 
officer in the execution of the officer's duties;
	(f)	register a new home or the person's intention to build a new 
home in accordance with the Act;
	(g)	stop work on the new home;
	(h)	arrange for the preparation or revision of a building 
assessment report for a condominium building or a phase of 
development to comply with the requirements of the Act;
	(i)	give a copy of a building assessment report for a 
condominium building or a phase of development to a person 
entitled to it under the Act;
	(j)	remove from publication, including publication on the 
internet, any offer for sale or advertisement for sale of a new 
home that does not comply with section 3 of the statute.
(2)  On issuing an order, the compliance officer shall 
	(a)	serve a copy on the person to whom it is issued in accordance 
with this Regulation,
	(b)	mail a copy of it to the registered owner at the address 
recorded on the certificate of title of the land, 
	(c)	mail a copy of it to the warranty provider listed in the registry 
in respect of the new home, and
	(d)	send a copy of it to the Registrar within the time satisfactory 
to the Registrar.
(3)  The compliance order shall remain in force notwithstanding
	(a)	that a request for review has been made under section 13 of 
the statute,
	(b)	a notice of appeal has been filed under section 17 of the 
statute, or
	(c)	that a review or appeal is underway,
unless the chair of the Board issues a stay of the compliance order 
under section 19 of the statute.
(4)  The form to be used under the Act is set out in the Schedule.
Service of compliance orders and notices
6(1)  In this section, "recorded mail" means a form of document 
delivery by mail or courier in which receipt of the document must be 
acknowledged in writing.
(2)   A compliance order issued, amended, confirmed, varied or 
cancelled under the Act and a notice of administrative penalty or other 
written notice or document required by the Act to be issued or sent 
must be served
	(a)	in the case of an individual,
	(i)	by personal service,
	(ii)	by leaving it for the individual with a person apparently 
at least 18 years of age at the individual's current or 
most usual dwelling place,
	(iii)	by sending it by recorded mail to 
	(A)	the individual's last known address, or
	(B)	the most recent address provided by the individual 
to the Registrar, 
or
	(iv)	by sending it by facsimile or other form of electronic 
transmission to the individual's last known facsimile 
number or electronic address, if there is a record of so 
sending it,
and
	(b)	in the case of a corporation,
	(i)	by leaving it with a director, manager or officer of the 
corporation, or the president, chairperson or other head 
officer, by whatever name that person is known, of the 
corporation,
	(ii)	by leaving it at the corporation's registered office,
	(iii)	by sending it by recorded mail to the corporation's 
registered office, 
	(iv)	in the case of an extra-provincial corporation, by 
leaving it with, at the address of, or by sending it by 
recorded mail to the address of
	(A)	the corporation's attorney for service appointed as 
required by the Business Corporations Act, or
	(B)	the corporation's principal place of business in 
Alberta, 
or
	(v)	by sending it by facsimile or other form of electronic 
transmission to the corporation's last known facsimile 
number or electronic address, if there is a record of so 
sending it.
(3)  Service is effected under subsection (2)(a)(iv) and (b)(v) when the 
sender obtains or receives confirmation of the successfully completed 
transmission.
(4)  The Board may decide questions of the sufficiency, validity or 
timeliness of the service of compliance orders or notices.
Part 2 
New Home Buyer Protection  
Act Appeal Board
Establishment of New Home Buyer Protection Act Appeal Board
7(1)  In this Part,
	(a)	"Board" includes a panel of the Board;
	(b)	"case management instructions" include
	(i)	directing parties to
	(A)	state, clarify or focus the issues in dispute, 
	(B)	identify any relevant agreed or alleged facts, or 
	(C)	identify any witnesses to be called and provide a 
summary of the evidence intended to be introduced 
through those witnesses,
	(ii)	directing disclosure of material or information from any 
party to facilitate a fair, orderly and timely process,
	(iii)	directing that communication with the Board or 
disclosure of some or all material or information be 
made or remade in an electronic format approved by the 
Board or in hard copy format, or any combination of 
both, 
	(iv)	directing that evidence be submitted to the Board by 
affidavit by a particular date, and
	(v)	establishing or rescheduling dates for hearings, 
disclosure or exchanges of information;
	(c)	"case manager" means a member of the Board or of the 
Board's administration designated by the chair as a case 
manager;
	(d)	"electronic hearing" means an oral hearing conducted by 
conference telephone or other electronic means where each 
participant is able to hear and respond to the comments of the 
other participants at the time the comments are made;
	(e)	"party" means
	(i)	an appellant,
	(ii)	an intervener, 
	(iii)	the Registrar, and
	(iv)	for the purposes of proceedings under this Part, any 
other person whom the Board determines to be a party.
(2)  There is established a board to be known as the New Home Buyer 
Protection Act Appeal Board consisting of the persons appointed by 
the Minister.
(3)  The Board may be referred to as the New Home Buyer Protection 
Board.
(4)  The Minister shall appoint one of the members of the Board as 
chair.
(5)  The chair may
	(a)	arrange for matters to be set down before the Board,
	(b)	adjourn matters set down before the Board, and
	(c)	perform the administrative functions that are necessary to 
enable the Board to carry out its duties under the Act.
(6)  The chair may appoint a Board member as acting chair.
(7)  The acting chair has and may exercise and perform the powers and 
duties conferred or imposed on the chair by the Act at any time.
(8)  The chair may select one or more members of the Board to sit as a 
panel of the Board.
(9)  The chair may establish as many panels as the chair considers 
necessary.
(10)  The chair may appoint a presiding officer for a panel, if 
applicable, but if the chair does not do so, the members of a panel must 
choose a presiding officer from among themselves.
(11)  If a member named to a panel is unable to hear an appeal, the 
chair may appoint a replacement member.
(12)  A majority of members of a panel of the Board constitutes a 
quorum.
Notice of appeal
8(1)  A notice of appeal referred to in section 17 of the statute must be 
in the form approved by the chair and set out 
	(a)	the appellant's name, municipal address and contact 
information, including an e-mail address,
	(b)	a copy of the decision, order or administrative penalty being 
appealed,
	(c)	the date the decision, order or notice of administrative 
penalty was received by the appellant,
	(d)	any information contained in or on the decision, order or 
notice of administrative penalty that the appellant believes to 
be incorrect, and
	(e)	a brief description of the reasons for the appeal.
(2)  A notice of appeal is deemed to be filed when it is received
	(a)	at an e-mail address specified by the Minister or the chair, or
	(b)	at the address specified by the Minister or the chair.
(3)  Any filing fee for an appeal must be received by the Minister or 
the Board by the later of
	(a)	7 days after the filing of the notice of appeal, or 
	(b)	the deadline for filing the appeal under section 17 of the 
statute.
(4)  A filing fee may be refunded to the person who paid a fee if
	(a)	the Board decides in favour of the person, or
	(b)	the matter is appealed to the Court and the Court decides in 
favour of the person.
Persons affected by compliance orders 
9(1)  A person who is not named in a compliance order but who claims 
to be affected by a compliance order may apply in writing within one 
month after the issuance of the compliance order to the Minister for 
permission to appeal the compliance order.
(2)  The application to the Minister must include a completed notice of 
appeal with the information set out in section 8(1) and payment of any 
filing fee.
(3)  The Minister may decide, with or without reasons,
	(a)	whether the person is affected by a compliance order, and
	(b)	if the person is allowed to appeal the compliance order. 
(4)  If the Minister decides to allow the person to appeal, the appeal 
procedure set under the Act shall be followed.
(5)  The Minister may seek a recommendation from the Board as to 
whether a person is affected by a compliance order, and the Board may 
hold a hearing to inquire into the matter.
Interveners
10(1)  A person may apply to intervene in an appeal before the Board 
where the person has a financial or other interest in the matter by 
providing the following information in the form approved by the chair:
	(a)	the intervener's name, municipal address and contact 
information, including an e-mail address;
	(b)	identification of the decision, order or administrative penalty 
being appealed;
	(c)	a concise statement indicating
	(i)	the manner in which the intervener's rights may be 
directly and adversely affected by a decision of the 
Board on the appeal,
	(ii)	the nature and scope of the intervener's intended 
participation,
	(iii)	the disposition of the appeal that the intervener 
advocates, if any, and
	(iv)	the reasons why the intervener believes the Board 
should decide in the manner that the intervener 
advocates.
(2)  An application to intervene is deemed to be filed when it is 
received
	(a)	at an e-mail address specified by the Minister or the chair, or
	(b)	at the address specified by the Minister or the chair.
(3)  Any filing fee for an application to intervene must be received by 
the Minister or the Board by the later of
	(a)	7 days after the filing of the application, or 
	(b)	the deadline for filing an appeal under section 17 of the 
statute.
(4)  A filing fee may be refunded to the person who paid a fee if
	(a)	the Board decides in favour of the person, or
	(b)	the matter is appealed to the Court and the Court decides in 
favour of the person.
(5)  The Board may allow or refuse a person to intervene in an appeal, 
and may set terms and conditions.
Additional grounds
11(1)   A person may appeal a decision of the Registrar as to whether a 
building, portion of a building, or proposed building or portion of a 
proposed building is
	(a)	a new home,
	(b)	entitled to an exemption under the Act, or
	(c)	otherwise exempt from the application of the Act. 
(2)  The appeal procedure set out under the Act shall be followed for 
appeals under this section.
Applications for stay
12(1)  A person may apply for a stay under section 19 of the statute in 
the form and manner approved by the chair.
(2)  The chair shall notify the Registrar of any stay applications, and 
set or extend a deadline for a response.
(3)  The chair may
	(a)	accept or refuse the application,
	(b)	refer the application to the Board for a recommendation, or
	(c)	issue an order, 
with or without reasons.
(4)  If the chair refers the application to the Board, the Board may hold 
a hearing.
(5)  The chair may reconsider an application for a stay on the chair's 
own motion.
Notice of hearing
13(1)  Unless section 22 applies, the Board must mail or e-mail a 
notice of the time and place of the hearing of the appeal to the parties 
at least 7 days before the hearing date.
(2)  If the notice is sent by e-mail, it must be sent to the party's last 
known electronic address.
(3)  The notice under subsection (2) is deemed to have been sent when 
the sender obtains or receives confirmation of the successfully 
completed transmission.
(4)  The Board may, on its own motion or application by a party, 
extend or abridge a time limit specified in this Part or by the Board, on 
any terms that the Board considers appropriate.
Nature of hearing 
14   For greater certainty, when hearing an appeal of a decision, an 
order or an administrative penalty, the Board may also consider, but is 
not bound by
	(a)	any relevant guidelines and interpretation bulletins 
issued by the Registrar, and 
	(b)	any matter on the record, including decisions of a 
compliance officer, the Registrar or any other person. 
Adjournments
15   The Board may grant an adjournment of a hearing for any period 
and on any terms it considers appropriate if the Board is satisfied that
	(a)	there are compelling reasons for granting the adjournment, or
	(b)	not granting the adjournment would amount to a denial of 
fairness to one or more of the parties to the appeal.
Case management
16(1)  A case manager may do one or more of the following:
	(a)	correspond with parties on behalf of the Board; 
	(b)	make case management instructions that in the case 
manager's opinion are desirable or necessary for the 
resolution of a matter before the Board;
	(c)	provide parties with copies of correspondence received, 
decisions, authorities and other information relevant to an 
appeal;
	(d)	hold meetings or discussions with parties to facilitate any of 
the actions outlined in this section;
	(e)	refer any matter to a panel for a preliminary hearing;
	(f)	refuse to accept an appeal or an application to intervene on 
behalf of the Board if 
	(i)	the notice of appeal or application to intervene is not 
substantially complete, including instances where a 
means of contacting the party is not provided,
	(ii)	respecting a notice of appeal, the notice of appeal is not 
filed in time,
	(iii)	the filing fee is not paid in time, or
	(iv)	in the case manager's opinion, the party's claim is not 
properly before the Board;
	(g)	identify potential parties and determine the extent of their 
involvement in an appeal, if any.
(2)  Parties may ask a case manager for case management instructions.
(3)  Parties may ask for a hearing with respect to case management 
instructions. 
(4)  A party who disagrees with a case manager under this section may 
request a hearing within 7 days after receiving case management 
instructions.
(5)  The chair or a case manager may refer any matter to a hearing, 
with or without a prior request by a party.
(6)  A Board member who has acted as a case manager in respect of a 
matter may not participate in any subsequent hearing concerning the 
same matter unless all affected parties consent.
Representation by lawyer or other agent
17(1)  A party appearing before the Board may be represented by a 
lawyer or other agent.
(2)  An agent may not act for a party before the Board unless the party 
has provided the Board with written authorization for the agent to act 
in a form acceptable to the chair.
(3)  Subsection (2) does not apply where the party attends before the 
Board.
Hearing open to public
18(1)   Subject to subsections (2) and (3), all oral hearings and 
electronic hearings are open to the public.
(2)  If the Board considers it necessary to prevent the disclosure of 
intimate personal, financial or commercial matters or other matters 
because, in the circumstances, the need to protect the confidentiality of 
those matters outweighs the desirability of an open hearing, the Board 
may conduct all or part of the hearing in private.
(3)  If all or any part of an oral hearing or an electronic hearing is to be 
held in private, no party may attend the hearing unless the party files 
an undertaking stating that the party will hold in confidence any 
evidence heard in private.
(4)  Subject to subsection (5), all documents filed in respect of an 
appeal must be placed on the public record.
(5)  The Board may exclude documents from the public record
	(a)	if the Board is of the opinion that disclosure of the document 
could reasonably be expected to disclose intimate personal, 
financial or commercial matters or other matters, and 
	(b)	the Board considers that the person's interest in 
confidentiality outweighs the public interest in the disclosure 
of the document.
(6)  Nothing in this section limits the operation of any statutory 
provision that protects the confidentiality of information or documents.
Rules of Court
19   The provisions of the Alberta Rules of Court (AR 124/2010) do 
not apply to appeals.
Absence of party
20   If a party to an appeal fails to appear in person or by lawyer or 
other agent within one hour from the time set out in the notice given 
under section 13, the appeal may be
	(a)	dismissed,
	(b)	heard and determined in that party's absence,
	(c)	adjourned to a later time or date, or
	(d)	continued subject to any terms and conditions of the Board,
as the Board considers proper in the circumstances.
Oral hearing procedures
21(1)  Hearings may be recorded at the Board's discretion. 
(2)  No hearing may be recorded unless the person making the 
recording is authorized to do so by the Board.
(3)  The Board may hold an electronic hearing unless a party satisfies 
the Board that holding an electronic hearing is likely to cause the party 
significant prejudice.
Appeal without hearing
22(1)  With the consent of the parties to an appeal, the consideration 
of the appeal may be conducted without a hearing before the chair or 
the Board.
(2)  Where an appeal is conducted under subsection (1) without a 
hearing, all matters concerning the appeal must be submitted in 
writing, or as otherwise directed by the Board, to the Board not more 
than 30 days after the parties provide their consent under subsection 
(1).
Dismissal of appeals
23   The Board may dismiss an appeal if the Board is of the opinion 
that 
	(a)	the appellant has not complied with an order of the Board or 
case management instructions by the date required, 
	(b)	the appeal 
	(i)	has no reasonable chance of success,
	(ii)	is frivolous, trivial, vexatious or an abuse of process, or
	(iii)	has been appropriately dealt with in another proceeding,
	(c)	the appeal is outside of the jurisdiction of the Board, or
	(d)	the appellant has withdrawn the appeal.
Withdrawals
24(1)  A party may withdraw from an appeal in writing.
(2)  If a withdrawal is received by the Board less than 15 days before a 
scheduled hearing, the Board may allow a withdrawal with or without 
costs.
(3)  If an appellant provides an address to the Board, but 
correspondence, including by e-mail, to that address is returned or 
rejected and the appellant does not provide a current address to the 
Board within 7 days, the appeal is suspended.
(4)  If an intervener provides an address to the Board, but 
correspondence, including by e-mail, to that address is returned or 
rejected and the intervener does not provide a current address to the 
Board within 7 days, 
	(a)	the intervener's status is suspended, and 
	(b)	the intervener is no longer entitled to notice of proceedings 
on the appeal.
(5)  If an appeal is suspended, the chair, the Board or a case manager 
may cancel any scheduled hearings, with or without notice to the 
parties.
(6)  A suspension under this section is lifted if the Board receives a 
current address from the appellant whose appeal was under suspension, 
or an intervener whose status was under suspension.
(7)  If an appeal is suspended for 21 days, the appeal is deemed to have 
been withdrawn.
(8)  If an intervener's status is suspended for 21 days, the intervener 
loses intervener status.
(9)  An appeal which is deemed to have been withdrawn, or intervener 
status which is lost, may be restored with leave of the Board and made 
subject to terms and conditions.
Dispute resolution
25   The Board may accept or reject a recommendation to resolve a 
dispute from the parties.
Reconsiderations
26(1)  The Board may correct typographical errors, errors of 
calculation and similar errors or omissions in its orders, decisions or 
reasons.
(2)  The Board may rehear any matter before making its decision, and 
may review, rescind or vary any order or decision made by it.
(3)  A party may apply for reconsideration of an order or decision of 
the Board by filing the application with the Board within one month of 
the date of the order or decision, accompanied by 
	(a)	the order or decision that is the subject of the request,
	(b)	the reasons for the party's application for reconsideration, 
and
	(c)	any filing fee.
(4)  The Board may waive any filing requirement where it considers it 
to be appropriate.
(5)  The Board may accept or reject a request for reconsideration, with 
or without reasons.
(6)  The chair may refer a decision or order for reconsideration to the 
Board with instructions
	(a)	to correct an error or omission, 
	(b)	to clarify a statement, or 
	(c)	to address an issue relating to a court decision or judicial 
review.
(7)  	The Board shall notify all parties to the original decision of the 
reconsideration and provide a copy of any supporting material.
(8)  All parties to the original decision may file a submission within 
one month after receipt of the notice of reconsideration.
(9)  The Board may extend or abridge the time for filing a submission.
(10)  Reconsideration applications are to be heard in writing only.
(11)  The Board, on a reconsideration, may
	(a)	dismiss the application, 
	(b)	return the matter to the original panel, or 
	(c)	refer the matter to a new panel, 
and may set terms of the reconsideration order.
Costs
27   The Board may order costs against a person in any circumstances 
that the Board determines to be appropriate.
Evidence
28(1)  The Board is not bound by the rules of evidence in judicial 
proceedings.
(2)  Evidence may be given before the Board in any manner that the 
Board considers appropriate.
(3)  The Board may accept any oral or written evidence that the Board 
considers proper, whether or not it would be admissible in a court of 
law.
(4)  No proceeding is invalid by reason of a defect or other irregularity 
in form.
Decisions and orders of Board
29(1)  The decisions and orders of the Board must be issued in 
writing.
(2)  Reasons of the Board, including dissenting reasons, if any, may be 
issued orally or in writing.
(3)  A party to an appeal may ask the Board for written reasons within 
14 days of the issuance of oral reasons.
Publication
30   The Registrar may publish decisions, orders and reasons of the 
Board in any manner that the Registrar considers appropriate.
Expiry
31   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 February 1, 2019.
Coming into force
32   This Regulation comes into force on the coming into force of 
section 28(2) of the New Home Buyer Protection Act.
Schedule 
 
Form 1 
Compliance Order 
(New Home Buyer Protection Act 
section 12)
To                       (name)                  
of                      (address)                  
Take notice that:
This order is issued in respect of the new home located at        (address 
or legal description)        .
You are hereby ordered, on or before                     , pursuant to section 
12 of the New Home Buyer Protection Act ("the Act"), to take, stop or 
modify the following action: 	
This order is being issued because________________________: 
Non-compliance with this order is an offence under the Act.
Pursuant to sections 6, 15 and 26 of the Act, contravention of or failure 
to comply with this order may result in one or more of the following 
actions being taken against you:
	-	you might be prosecuted under the Act in respect of the 
contravention or failure to comply;
	-	you might have an administrative penalty imposed on you in 
respect of the contravention or failure to comply;
	-	you might be refused an authorization as an owner builder 
under the Act or have an authorization issued to you as an 
owner builder under the Act suspended or cancelled.
This compliance order may be reviewed by the Registrar under section 
13 of the Act if a written request for review is made within 30 days of 
the date of receipt of this order to   (name, address, telephone number 
and facsimile number of the Registrar)  .
The Registrar's decision on a review of the compliance order may be 
appealed under section 17 of the Act by filing a notice of appeal 
with   (name and address of Minister)   within one month of receipt of 
the Registrar's decision.
Dated this                  day of                 , 20    .
                                 
Compliance Officer


--------------------------------
Alberta Regulation 221/2013
Victims Restitution and Compensation Payment Act
PROPERTY AND REVENUE FORMS AMENDMENT REGULATION
Filed: December 4, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 392/2013) 
on December 4, 2013 pursuant to section 55 of the Victims Restitution and 
Compensation Payment Act. 
1   The Property and Revenue Forms Regulation 
(AR 180/2004) is amended by this Regulation.

2   The title is repealed and the following is substituted:
VICTIMS RESTITUTION AND COMPENSATION 
PAYMENT FORMS REGULATION
3   Section 1 is amended by adding "with the Court" after 
"filed".

4   The following is added after section 1:
Notice of objection
1.1  A notice of objection to be filed with the Minister under section 
1.6 of the Act must be in Form 2.

5   Section 2 is amended by striking out "May 31, 2014" and 
substituting "May 31, 2019".

6   The following is added after Form 1:
Form 2 
Notice of Objection
I, (name), (occupation), of (name of city/town/district) in the (province/state) of 
___________, and in relation to Civil Forfeiture Office (CFO) File Number 
_______ (on Notice of Disposition), MAKE OATH AND SAY THAT:
(Select all that apply by placing an "x" in the appropriate box and provide all 
requested information related to B or C):
1.  I have the following interest in the subject property identified in section 2:
	? 	A.  Ownership
	? 	B.  Rights of Possession.  Owner's name and address is: ________ 
	? 	C.  Other (specify nature of interest in space below) 
_________________________________________
2.  The subject property is as follows:_________________________________
3.  The origin, nature and extent of my interest in the subject property is as 
follows:  
(List origin, nature and extent - for example, with respect to a claim to 
cash, explain who or what it came from, the nature of the transaction the 
cash was derived from and the purpose for it being in your possession. If 
more space is needed, add additional sheets.)  
_________________________________________________
4.  I dispute disposition and forfeiture of the subject property for the following 
reason(s): ______________________________________________________
5.  My/Our address for service of documents is ________________________
SWORN/AFFIRMED BEFORE ME at	) 
the_____of__________ in the Province	) 
of Alberta, this ___ day of ______, 20    	)  ______________________ 
________________________________	) 
A Commissioner for Oaths in and for the	) 
Province of Alberta, or a Notary Public.	)

7   This Regulation comes into force on the coming into 
force of section 12 of the Victims Statutes Amendment Act, 
2013.


--------------------------------
Alberta Regulation 222/2013
Alberta Investment Management Corporation Act
ALBERTA INVESTMENT MANAGEMENT CORPORATION 
AMENDMENT REGULATION
Filed: December 4, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 394/2013) 
on December 4, 2013 pursuant to sections 2(8) and 20 of the Alberta Investment 
Management Corporation Act. 
1   The Alberta Investment Management Corporation 
Regulation (AR 225/2007) is amended by this Regulation.
2   Section 1(2) is amended by adding the following after 
clause (a):
	(a.1)	"investment management services" does not include 
services described in section 6.1(3)(a);

3   The following is added after section 6:
Clarifying and expanded powers
6.1(1)  The Corporation may
	(a)	establish, use and maintain corporations, trusts, partnerships 
or any other legal entities or relationships for the purpose of 
holding, structuring and administering investments in 
connection with the provision of investment management 
services, and
	(b)	exercise any other powers and perform any other duties and 
functions that are incidental or ancillary to the provision of 
investment management services.
(2)  In addition to any other powers, duties and functions, the 
Corporation may, in accordance with, and to the extent authorized 
by, any agreement with the Minister, provide shared services to the 
Crown.
(3)  The Corporation may enter into agreements with one or more 
persons, other than designated entities, 
	(a)	to provide valuation or other ancillary services in relation to 
investments jointly entered into or proposed to be entered 
into with those persons, and 
	(b)	to charge fees for providing the services.
Subsidiary re venture capital
6.2(1)  The Corporation is authorized to own a subsidiary 
corporation for purposes relating to venture capital only if the 
subsidiary corporation
	(a)	is and continues to be wholly owned by the Corporation,
	(b)	maintains its principal office in Alberta, and
	(c)	carries on its business exclusively in respect of matters 
relating to venture capital.
(2)  The Corporation may provide advisory or other shared services 
to the subsidiary corporation.
(3)  Section 19 of the Act applies to the subsidiary corporation.

4   The following is added after section 8:
Investment management agreements
8.1   An investment management agreement must include terms that 
deal with the following:
	(a)	the funds and other assets administered by the designated 
entity in respect of which the Corporation is to provide 
investment management services;
	(b)	the investment management services to be provided by the 
Corporation;
	(c)	the costs to be recovered from the designated entity for the 
services to be provided.



Alberta Regulation 223/2013
Freehold Mineral Rights Tax Act
FREEHOLD MINERAL RIGHTS TAX REGULATION
Filed: December 4, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 396/2013) 
on December 4, 2013 pursuant to section 23 of the Freehold Mineral Rights Tax Act. 
Table of Contents
Part 1 
General
	1	Definitions
	2	Exemption
Part 2 
Tax
	3	Establishment of unit values
	4	Calculation of tax payable
	5	$1600 reduction in tax payable
	6	Exemption from tax


	7	Order reducing tax payable
	8	Prescribed date for payment of tax
	9	Prescribed date for sending tax statement
	10	Notice of objection to tax
	11	Interest on unpaid tax
	12	Multiple ownership
Part 3 
Administration and Enforcement
	13	Requirement to keep records
	14	Penalty for failing to comply with Minister's direction
	15	Confidentiality
	16	Service of documents
Part 4 
Repeal, Expiry and Coming into Force
	17	Repeal
	18	Expiry 
 
Schedules
Part 1 
General
Definitions
1   In this Regulation,
	(a)	"Act" means the Freehold Mineral Rights Tax Act; 
	(b)	"condensate" means a mixture mainly of pentanes and 
heavier hydrocarbons
	(i)	that may be contaminated with sulphur compounds, 
	(ii)	that is recovered or is recoverable at a well from an 
underground reservoir, and
	(iii)	that may be gaseous in its virgin reservoir state, 
but is liquid at the conditions under which its volume is 
measured or estimated; 
	(c)	"crude bitumen" means a naturally occurring viscous 
mixture, mainly of hydrocarbons heavier than pentane, 
	(i)	that may contain sulphur compounds, and
	(ii)	that in its naturally occurring viscous state, will not flow 
to a well;
	(d)	"crude oil" means a mixture mainly of pentanes and heavier 
hydrocarbons 
	(i)	that may be contaminated with sulphur compounds, 
	(ii)	that is recovered or is recoverable at a well from an 
underground reservoir, and 
	(iii)	that is liquid at the conditions under which its volume is 
measured or estimated, 
and includes all other hydrocarbon mixtures so recovered or 
recoverable except gas, condensate or crude bitumen; 
	(e)	"designated payor", in relation to a taxable mineral right, 
means the designated payor recorded in the Electronic 
Transfer System for that taxable mineral right;
	(f)	"Electronic Transfer System" means the electronic 
information system administered by the Department and 
called the Electronic Transfer System;
	(g)	"heavy oil" means the category of crude oil determined under 
section 2 of Schedule A as heavy oil;
	(h)	"light oil" means the category of crude oil determined under 
section 2 of Schedule A as light oil;
	(i)	"natural gas right" means an estate in fee simple in natural 
gas located in a tract;
	(j)	"operator", in relation to a taxable mineral right, means a 
person who is responsible for conducting a drilling, 
development or production operation for the recovery of the 
taxable mineral from the tract;
	(k)	"petroleum right" means an estate in fee simple in petroleum 
located in a tract;
	(l)	"production entity" means 
	(i)	a drilling spacing unit, to the extent that the drilling 
spacing unit is not included in an area described in 
subclause (ii), and
	(ii)	a unit area under a unit agreement or unit operation 
order; 
	(m)	"production entity administrator", in relation to a production 
entity for a taxable mineral right, means the production entity 
administrator recorded in the Electronic Transfer System for 
that production entity;
	(n)	"raw gas" means a mixture containing methane, other 
paraffinic hydrocarbons, nitrogen, carbon dioxide, hydrogen 
sulphide, helium and minor impurities, or some of them,
	(i)	that is recovered or is recoverable at a well from an 
underground reservoir, and 
	(ii)	that is gaseous at the conditions under which its volume 
is measured or estimated;
	(o)	"recorded lessee", in relation to a taxable mineral right, 
means a person recorded in the Electronic Transfer System as 
a recorded lessee in respect of that taxable mineral right;
	(p)	"solution gas" means 
	(i)	gas that is separated from crude oil or crude bitumen 
after recovery from a well event, 
	(ii)	gas that is dissolved in crude oil under initial reservoir 
conditions and includes any of that gas that evolves as a 
result of changes in pressure or temperature, or both, 
due to human disturbance, and 
	(iii)	gas that is dissolved in bitumen under initial reservoir 
conditions and includes any of that gas that evolves as a 
result of changes in pressure due to human disturbance 
but does not include gas produced through chemical 
alteration of crude bitumen using high temperature, high 
pressure, a catalyst or otherwise; 
	(q)	"well event" means
	(i)	a part of a well completed in a zone and given a unique 
well identifier by the Alberta Energy Regulator,
	(ii)	parts of a well completed in 2 or more zones and given 
a single unique well identifier by the Alberta Energy 
Regulator,
	(iii)	a part of a well completed in and recovering petroleum 
or natural gas from a zone but which has not yet been 
given a unique well identifier by the Alberta Energy 
Regulator, or
	(iv)	parts of a well completed in and recovering petroleum 
or natural gas from 2 or more zones during the period 
when the parts are considered by the Minister as a 
single well event for the purposes of this Regulation and 
before the Alberta Energy Regulator makes a decision 
whether or not to give the parts a single unique well 
identifier.
Exemption
2   All mineral rights other than petroleum rights and natural gas rights 
are exempt from the provisions of the Act.
Part 2 
Tax
Establishment of unit values
3(1)  The Minister shall establish the following values to be used in 
calculating the tax payable with respect to petroleum  rights for a 
taxation year:
	(a)	an amount per cubic metre as the unit value for light oil;
	(b)	an amount per cubic metre as the unit value for heavy oil;
	(c)	an amount per cubic metre as the unit value for crude 
bitumen;
	(d)	an amount per gigajoule as the unit value for solution gas.
(2)  The Minister shall establish the following values to be used in 
calculating the tax payable with respect to natural gas rights for a 
taxation year:
	(a)	an amount per gigajoule as the unit value for raw gas;
	(b)	an amount per cubic metre as the unit value for condensate.
(3)  Notwithstanding subsections (1) and (2), the Minister may, on 
application by the recorded lessee in respect of a petroleum or natural 
gas right, establish a unit value with respect to the petroleum or natural 
gas right in accordance with the unit value submission guidelines 
established by the Minister.
(4)  In determining the value per unit of a mineral pursuant to this 
section, the Minister may have regard to any matters the Minister 
considers relevant.
Calculation of tax payable
4(1)  The tax payable in respect of a petroleum right for a taxation year 
shall be calculated in accordance with Schedule A.
(2)  The tax payable in respect of a natural gas right for a taxation year 
shall be calculated in accordance with Schedule B.
$1600 reduction in tax payable
5(1)  The Minister may reduce the tax payable in respect of a 
petroleum right in a taxation year by an amount not exceeding $1600 
per each person who is an owner of the petroleum right on December 
31 of that taxation year.
(2)  The Minister may reduce the tax payable in respect of a natural gas 
right in a taxation year by an amount not exceeding $1600 per each 
person who is an owner of the natural gas right on December 31 of that 
taxation year.
Exemption from tax
6(1)  No tax is payable by an owner for a taxation year in respect of 
that owner's taxable mineral rights within a single tract if the entire 
amount of tax otherwise payable by the owner in respect of those 
mineral rights in that tract for that taxation year, after any reduction 
under section 5, is less than  $100.
(2)  No tax is payable in respect of a taxable mineral right for a 
taxation year if a royalty is payable to the Crown in that year on the 
mineral to which the tax relates by reason of a reservation of the 
royalty contained in the certificate of title to the mineral right.
Order reducing tax payable
7   Where in the Minister's opinion it is necessary or desirable in the 
interests of conservation or of maintaining or increasing the recovery 
of a mineral, the Minister may by order prescribe
	(a)	a tax payable with respect to the taxable mineral right that is 
less than the tax payable under this Regulation,
	(b)	the taxation years to which the order applies, and
	(c)	any terms and conditions relating to the reduction pursuant to 
this section of tax payable under this Regulation, including 
	(i)	the person entitled to the reduction, 
	(ii)	the relationship between the costs incurred for 
conservation or to maintain or increase the recovery of a 
mineral and the amount of the reduction, and 
	(iii)	the information required to be submitted in order to be 
entitled to the reduction. 
Prescribed date for payment of tax
8   For the purposes of section 2(2) of the Act, the date on or before 
which the tax must be paid is April 25 in the year following the 
taxation year.
Prescribed date for sending tax statement
9   For the purposes of section 3(1) of the Act, the date on or before 
which the Minister must send the owner a tax statement is March 25 in 
the year following the taxation year.
Notice of objection to tax
10(1)  For the purposes of section 4(1) of the Act, the following are 
prescribed as persons who may object to  the amount of tax calculated 
by the Minister as payable in respect of a taxable mineral right for the 
taxation year:
	(a)	a recorded lessee in respect of the mineral right;
	(b)	a designated payor in respect of the mineral right;
	(c)	a person who has paid all or part of the tax.
(2)  For the purposes of section 4(1) of the Act, the prescribed date for 
service on the Minister of a notice of objection is 
	(a)	in the case of an objection to tax payable shown in a tax 
statement, other than a new tax statement referred to in 
section 3(3) of the Act or a corrected tax statement referred 
to in section 3(4) of the Act, August 15 in the year following 
the taxation year in respect of which the objection is made, or
	(b)	in the case of an objection to tax payable shown in a new tax 
statement referred to in section 3(3) of the Act or a corrected 
tax statement referred to in section 3(4) of the Act, a date 90 
days after the date of issue shown on the new or corrected tax 
statement.
Interest on unpaid tax
11(1)  If any tax is not paid when it is due under section 8, interest is 
payable to the Crown in right of Alberta on the balance of the tax 
remaining unpaid from time to time until the date on which the entire 
balance of the unpaid tax is received by the Crown together with any 
interest on the unpaid tax to that date.
(2)  If, under section 3(3) or (4) of the Act, the tax payable by an 
owner for a taxation year is increased or decreased from that shown in 
the last tax statement issued to the owner in respect of that taxation 
year, interest is payable,
	(a)	in the case of a decrease, by the Crown on the amount of the 
decrease to the person who paid the tax from April 25 of the 
year following the taxation year to the date that the new or 
corrected tax statement is sent to the owner in which the 
overpayment  and interest are credited,
	(b)		in the case of an increase, by the owner to the Crown on the 
amount of the increase from April  25 of the year following 
the taxation year to the date the underpayment and accrued 
interest are received by the Crown.
(3)  If interest is payable under this section by or to the Crown in 
respect of any day, the rate of interest in respect of that day is the 
yearly rate that is 1% greater than the rate of interest established by 
Alberta Treasury Branches as its prime lending rate on loans payable 
in Canadian dollars and in effect on the first day of the month in which 
that day occurs.
(4)  Interest computed under subsection (3) must, unless the Minister 
directs otherwise, be compounded monthly in respect of the period for 
which it is computed.
Multiple ownership
12(1)  If a person is registered as owner under the Land Titles Act of a 
specified undivided interest of less than the whole in a taxable mineral 
right, 
	(a)	tax is payable, and 
	(b)	any proceedings authorized with respect to the taxable 
mineral right may be taken 
with respect to the interest of that person in the taxable mineral right in 
the same manner as if that person owned the taxable mineral right in 
the whole of the tract and without regard to any other owner of an 
interest in the taxable mineral right in the same tract.
(2)  If more than one person is registered under the Land Titles Act as 
owner jointly or in common
	(a)	of a taxable mineral right, or
	(b)	of a specified undivided interest of less than the whole in a 
taxable mineral right,
all those persons are regarded as one owner for the purposes of the Act 
and this Regulation.
(3)  This section applies to the 2010 and subsequent taxation years.
Part 3 
Administration and Enforcement
Requirement to keep records
13(1)  For the purposes of section 7 of the Act, the following persons 
are required to keep the records referred to in subsection (2):
	(a)	owners of the taxable mineral right;
	(b)	recorded lessees in respect of the taxable mineral right;
	(c)	production entity administrators in respect of the taxable 
mineral right;
	(d)	designated payors in respect of the taxable mineral right;
	(e)	former owners, recorded lessees, production entity 
administrators, or designated payors in respect of the taxable 
mineral right.
(2)  The records required to be kept by a person referred to in 
subsection (1) are those records that come into the possession of that 
person or that person's agents and that relate to
	(a)	the quantity of the minerals recovered from the tract for the 
taxable mineral right concerned,
	(b)	the sale or other disposition of those minerals, or products 
obtained by processing those minerals,
	(c)	the cost of recovering and processing those minerals and the 
cost of transportation of those minerals or those products,
	(d)	the payment of royalties to the owner of the taxable mineral 
right, or
	(e)	the payment of tax under the Act.
(3)  If the owner of a taxable mineral right has no place of business in 
Alberta, the owner may keep the records required to be kept by that 
owner
	(a)	at the owner's residence in Alberta, or
	(b)	at the place of business in Alberta of a person appointed as 
the owner's agent for the purpose.  
Penalty for failing to comply with Minister's direction
14(1)  If a person contravenes section 8 of the Act by failing to 
comply with a direction of the Minister to submit a written return 
within the time stated in the direction, the Minister may assess a 
penalty against the person under section 8.1 of the Act that must not 
exceed 
	(a)	$10 000 in respect of the first day of the default period, and
	(b)	$1000 in respect of the 2nd and each subsequent day of the 
default period.
(2)  The "default period" for the purposes of subsection (1) is the 
period
	(a)	commencing on the day after the expiration of the date 
specified by the Minister in the direction given pursuant to 
section 8 of the Act for the written return to be submitted to 
the Minister, and
	(b)	ending on the day immediately before the day on which the 
written return is submitted to the Minister.
(3)  The notice of assessment must specify the return to which the 
notice relates and may be 
	(a)	personally delivered to the person that is to receive it, or
	(b)	sent by registered mail to person that is to receive it at the 
person's most recent address as shown in the records of the 
Department.
Confidentiality
15(1)  Information or records obtained with respect to a taxable 
mineral right by the Minister or a person employed or engaged in the 
administration or enforcement of the Act may be communicated, 
disclosed or made available in any legal proceedings under the Act 
with respect to the taxable mineral right or proceedings in respect of 
offences under the Act.
(2)  Information or records obtained by the Minister or a person 
employed or engaged in the administration or enforcement of the Act 
may be communicated, disclosed or made available to a person 
employed in or acting on behalf of the Department for the purpose of 
evaluating, formulating or administering any policy or program of the 
Department.
(3)  Subject to subsection (4), a person employed or engaged in the 
administration of the Act may communicate, disclose or make 
available information or records in respect of a taxable mineral right to
	(a)	the owner of the taxable mineral right or the owner's 
successor in title;
	(b)	the production entity administrator in respect of the taxable 
mineral right;
	(c)	a recorded lessee in respect of the taxable mineral right;
	(d)	a person who pays or is liable to pay all or part of the tax in 
respect of the taxable mineral right by reason of a contractual 
obligation to do so;
	(e)	anyone acting on behalf of a person referred to in clause (a) 
to (d);
	(f)		anyone who has the written consent of a person referred to in 
clause (a) to (d) to receive or examine the information or 
records;
	(g)	a person to whom a copy of a default notice is mailed 
pursuant to section 13(1)(b) of the Act.
(4)  Information or records may not be communicated, disclosed or 
made available to a person referred to in subsection (3)(b) to (f) unless
	(a)	the Minister is satisfied that the person is entitled to the 
records or information under subsection (3)(b) to (f), and
	(b)	that person's entitlement to the records or information has 
neither expired nor been terminated to the knowledge of the 
Minister.
(5)  For the purposes of subsection (4)(b), the Minister is not 
considered to have knowledge of the expiration or termination of a 
person's entitlement to records or information under subsection (3)(b) 
to (f) unless
	(a)	evidence furnished to the Minister pursuant to subsection 
(4)(a) shows the date of expiration of the entitlement, or
	(b)	the Minister receives evidence satisfactory to the Minister of 
the expiration or termination of the entitlement. 
Service of documents 
16   Unless otherwise provided by the Act or this Regulation, any 
document required to be given, provided, sent, communicated or 
served by the Minister under the Act may be
	(a)	personally delivered to the person or company that is to 
receive it, 
	(b)	sent by courier, regular mail or registered mail to person or 
company that is to receive it at the person's or company's 
most recent address as shown in the records of the 
Department, or
	(c)	sent by electronic means through the Electronic Transfer 
System to the person or company that is to receive it.
Part 4 
Repeal, Expiry and Coming into Force
Repeal
17   The Freehold Mineral Rights Tax Regulation (AR 12/84) is 
repealed.
Expiry
18   For the purpose of ensuring that this Regulation is reviewed, with 
the option that it may be repassed in its present or an amended form 
following a review, this Regulation expires on January 31, 2018.
Schedule A 
Calculation of Tax on Petroleum Rights
Interpretation
1   In this Schedule,
	(a)	"taxable quantity" in respect of a mineral means the quantity 
of that mineral that was recovered from a well event in a 
taxation year and allocated to a petroleum right in respect of 
that taxation year;
	(b)	a reference to a quantity of a mineral that was recovered from 
a well event means the quantity of that mineral that was 
recovered from the well event according to the records of the 
Alberta Energy Regulator.
Categories and densities of crude oil
2(1)  The categories of crude oil and the density of each category are 
as specified in the following Table:
Crude Oil Category and Density Table
Category of Crude Oil
Density
light oil
less than 900 kilograms per cubic 
metre
heavy oil
greater than or equal to 900 
kilograms per cubic metre
(2)  The category for crude oil recovered from a well event during a 
taxation year is determined by the Minister based on density 
information available to the Minister.
(3)  If density information is not available to make a determination 
under subsection (2), the category for crude oil recovered from a well 
event during a month is light oil.
Calculation of tax payable
3(1)  For each taxable quantity of crude oil, solution gas or crude 
bitumen the Minister shall calculate the following factors in 
accordance with this Schedule:
	(a)	the light crude oil factor;
	(b)	the heavy crude oil factor; 
	(c)	the solution gas factor;
	(d)	the crude bitumen factor.
(2)  For the purposes of section 4 of the Regulation, the tax payable in 
respect of a petroleum right for a taxation year is the sum of the factors 
calculated under subsection (1) for each of the taxable quantities of 
crude oil, solution gas and crude bitumen that were allocated to the 
petroleum right in respect of that taxation year.
Calculation of light crude oil factor for a taxable quantity
4(1)  The light crude oil factor for the light crude oil that was 
recovered from a well event in a taxation year and allocated to a 
petroleum right in respect of that taxation year is the amount calculated 
in accordance with the following equation:
LCOF$ = R% x M x UV x (TQ/Q) 
 
where
	LCOF$	is the light crude oil factor, in dollars; 
	R%	is the percentage rate of tax prescribed by section 8 of this 
Schedule for light crude oil for the taxation year;
	M  	is the quantity of light crude oil that was recovered from that 
well event in the taxation year, adjusted in accordance with 
subsection (2);
	UV	is the unit value for light crude oil for the taxation year 
established by the Minister under section 3 of the Regulation;
	TQ	is the quantity of light crude oil that was recovered from the 
well event in the taxation year and allocated to the petroleum 
right, in cubic metres;
	Q  	is the quantity of light crude oil that was recovered from the 
well event in the taxation year, in cubic metres.
(2)  For the purposes of subsection (1), M is determined by adjusting 
the quantity of light crude oil that was recovered from the well event in 
the taxation year in accordance with the following Table:
Adjustment for Quantity Table
Quantity of light 
crude oil recovered 
from well event in 
taxation year
Adjustment Formula
greater than zero and 
less than 2288.4 
cubic metres
M = (light crude oil x 0.0833)2 ö 105.94
equal to or greater 
than 2288.4 cubic 
metres 
M = (light crude oil ö 4) - 228.84
Calculation of heavy crude oil factor for a taxable quantity
5(1)  The heavy crude oil factor for the heavy crude oil that was 
recovered from a well event in a taxation year and allocated to a 
petroleum right in respect of that taxation year is the amount calculated 
in accordance with the following equation:
HCOF$ = R% x M x UV x (TQ /Q) 
 
where
	HCOF$	is the heavy crude oil factor, in dollars; 
	R%	is the percentage rate of tax prescribed by section 8 of this 
Schedule for heavy crude oil for the taxation year; 
	M  	is the quantity of heavy crude oil that was recovered from 
that well event in the taxation year, adjusted in accordance 
with subsection (2);
	UV	is the unit value for heavy crude oil for the taxation year 
established by the Minister under section 3 of the Regulation;
	TQ	is the quantity of heavy crude oil that was recovered from the 
well event in the taxation year and allocated to the petroleum 
right, in cubic metres;
	Q  	is the quantity of heavy crude oil that was recovered from the 
well event in the taxation year, in cubic metres.
(2)  For the purposes of subsection (1), M is determined by adjusting 
the quantity of heavy crude oil that was recovered from the well event 
in the taxation year in accordance with the following Table:
Adjustment for Quantity Table
Quantity of heavy 
crude oil 
recovered from 
well event in 
taxation year
Adjustment Formula
greater than zero and 
less than 2288.4 
cubic metres
M = (heavy crude oil x 0.0833)2 ö 105.94
equal to or greater 
than 2288.4 cubic 
metres 
M = (heavy crude oil ö 4) - 228.84
Calculation of solution gas factor for a taxable quantity
6   The solution gas factor for the solution gas that was recovered from 
a well event in a taxation year and allocated to a petroleum right in 
respect of that taxation year is the amount calculated in accordance 
with the following equation:
SGF$ = R% x Q x UV x (TQ /Q) 
 
where
	SGF$	is the solution gas factor, in dollars; 
	R%	is the percentage rate of tax prescribed by section 8 of this 
Schedule for solution gas for the taxation year; 
	Q  	is the quantity of solution gas recovered from the well event 
in the taxation year, in thousand cubic metres;
	UV	is the unit value for solution gas for the taxation year 
established by the Minister under section 3 of the Regulation;
	TQ	is the quantity of solution gas that was recovered from the 
well event in the taxation year and allocated to the petroleum 
right, in thousand cubic metres.
Calculation of crude bitumen factor for a taxable quantity
7(1)  The crude bitumen factor for the crude bitumen that was 
recovered from a well event in a taxation year and allocated to a 
petroleum right in respect of that taxation year is the amount calculated 
in accordance with the following equation:
CBF$ = R% x M x UV x (TQ /Q) 
 
where
	CBF$	is the crude bitumen factor, in dollars; 
	R%	is the percentage rate of tax prescribed by section 8 of this 
Schedule for crude bitumen for the taxation year; 
	M  	is the quantity of crude bitumen that was recovered from that 
well event in the taxation year, adjusted in accordance with 
subsection (2);
	UV	is the unit value for crude bitumen for the taxation year 
established by the Minister under section 3 of the Regulation;
	TQ	is the quantity of crude bitumen that was recovered from the 
well event in the taxation year and allocated to the petroleum 
right, in cubic metres;
	Q  	is the quantity of crude bitumen that was recovered from the 
well event in the taxation year, in cubic metres.
(2)  For the purposes of subsection (1), M is determined by adjusting 
the quantity of crude bitumen that was recovered from the well event 
in the taxation year in accordance with the following Table:
Adjustment for Quantity Table
Quantity of crude 
bitumen recovered 
from well event in 
taxation year
Adjustment Formula
greater than zero and 
less than 2288.4 cubic 
metres
M = (crude bitumen x 0.0833)2 ö 105.94
equal to or greater 
than 2288.4 cubic 
metres 
M = (crude bitumen ö 4) - 228.84
Rate of tax
8(1)  For the purposes of section 4 of this Schedule, the rate of tax in 
respect of light crude oil is 26.9 %.
(2)  For the purposes of section 5 of this Schedule, the rate of tax in 
respect of heavy crude oil is 26.9 %.
(3)  For the purposes of section 6 of this Schedule the rate of tax in 
respect of solution gas is 6.9 %.
(4)  For the purposes of section 7 of this Schedule, the rate of tax in 
respect of crude bitumen is 26.9%.
Schedule B 
Calculation of Tax on Natural Gas Rights
Interpretation
1   In this Schedule,
	(a)	"taxable quantity" in respect of a mineral means the quantity 
of that mineral that was recovered from a well event in a 
taxation year and allocated to a natural gas right in respect of 
that taxation year;
	(b)	a reference to a quantity of a mineral that was recovered from 
a well event means the quantity of that mineral that was 
recovered from the well event according to the records of the 
Alberta Energy Regulator.
Calculation of tax payable
2(1)  For each taxable quantity of raw gas or condensate the Minister 
shall calculate the following factors in accordance with this Schedule:
	(a)	the gas factor;
	(b)	the condensate factor.
(2)  For the purposes of section 4 of the Regulation the tax payable in 
respect of a natural gas right for a taxation year is the sum of the 
factors calculated under subsection (1) for each of the taxable 
quantities of raw gas and condensate that were allocated to the natural 
gas right in respect of that taxation year.
Calculation of gas factor for a taxable quantity
3(1)  The gas factor for the raw gas that was recovered from a well 
event in a taxation year and allocated to a natural gas right in respect of 
that taxation year is the amount calculated in accordance with the 
following equation:
FGF$ = [R% - rQ%] x Q x UV x (TQ /Q) 
 
where
	FGF$	is the gas factor, in dollars; 
	R%	is the percentage rate of tax prescribed by section 5 of this 
Schedule for raw gas for the taxation year;
	rQ%	is the rate for quantity, determined in accordance with 
subsection (2);
	Q  	is the quantity of raw gas that was recovered from that well 
event in the taxation year, in thousand cubic metres;
	UV	is the unit value for raw gas for the taxation year established 
by the Minister under section 3 of the Regulation;
	TQ	is the quantity of raw gas that was recovered from the well 
event in the taxation year and allocated to the natural gas 
right, in thousand cubic metres.
(2)  For the purposes of subsection (1), rQ% is calculated in accordance 
with the formula in the following Table, where
	R% 	is the percentage rate of tax prescribed by section 5 of this 
Schedule for raw gas for the taxation year;
	ADP	is the average daily production of raw gas for the well event:
Rate for Quantity Table
Quantity
Formula
ADP less than 
16.9 thousand cubic 
metres per day
rQ% = [(R% - 1%) x (16.9 - ADP)2] 
                        (16.9)2
ADP equal to or 
greater than 
16.9 thousand cubic 
metres per day
rQ% = 0
Calculation of condensate factor for a taxable quantity
4(1)  The condensate factor for the condensate that was recovered 
from a well event in a taxation year and allocated to a natural gas right 
in respect of that taxation year is the amount calculated in accordance 
with the following equation:
FCF$ = R% x M x UV x (TQ /Q) 
 
where
	FCF$	is the condensate factor, in dollars; 
	R%	is the percentage rate of tax prescribed by section 5 of this 
Schedule for condensate for the taxation year;
	M  	is the quantity of condensate that was recovered from that 
well event in the taxation year, adjusted in accordance with 
subsection (2);
	UV	is the unit value for condensate for the taxation year 
established by the Minister under section 3 of the Regulation;
	TQ	is the quantity of condensate that was recovered from the 
well event in the taxation year and allocated to the natural 
gas right, in cubic metres;
	Q  	is the quantity of condensate that was recovered from the 
well event in the taxation year, in cubic metres.
(2)  For the purposes of subsection (1), M is determined by adjusting 
the quantity of condensate that was recovered from the well event in 
the taxation year in accordance with the following Table:
Adjustment for Quantity Table
Quantity of 
condensate recovered 
from well event in 
taxation year
Adjustment Formula
greater than zero and 
less than 2288.4 cubic 
metres
M = (condensate x 0.0833)2 ö 105.94
equal to or greater 
than 2288.4 cubic 
metres 
M = (condensate ö 4) - 228.84
Rate of tax
5(1)  For the purposes of section 3 of this Schedule, the rate of tax in 
respect of raw gas is 6.9 %.
(2)  For the purposes of section 4 of this Schedule, the rate of tax in 
respect of condensate is 26.9 %.


--------------------------------
Alberta Regulation 224/2013
Mines and Minerals Act
PETROLEUM AND NATURAL GAS TENURE AMENDMENT REGULATION
Filed: December 4, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 397/2013) 
on December 4, 2013 pursuant to sections 5 and 83 of the Mines and Minerals Act. 
1   The Petroleum and Natural Gas Tenure Regulation 
(AR 263/97) is amended by this Regulation.

2   Section 1 is amended
	(a)	by repealing clause (m.1) and substituting the 
following:
	(m.1)	"minimum depth" means
	(i)	75 metres of measured depth, or
	(ii)	a lesser measured depth approved by the Minister 
under section 9(3);
	(b)	in clause (p) by adding ", penalty" after "fee";
	(c)	by adding the following after clause (t):
	(t.1)	"shallowest productive zone", with reference to a 
spacing unit containing the whole or a part of the 
location of a lease continued pursuant to section 15(1), 
means the shallowest of the zones in the spacing unit to 
which the continuation extends under section 15(2);
	(d)	by adding the following after clause (v):
	(v.1)	"unused earned section" means one of the number of 
sections of land
	(i)	that the Minister has determined under Schedule 2 
has been earned by a validating well, and
	(ii)	that has not been used to validate a section of land 
as qualified to remain in the location of a licence;

3   Section 6 is amended by repealing subsections (2) and 
(3) and substituting the following:
(2)  If
	(a)	the drilling of a well is commenced before the expiration of 
the initial term of the licence,
	(b)	the rig release date for the well occurs after the expiration of 
the initial term of the licence,
	(c)	the drilling operations for the well are conducted diligently 
and continuously to the satisfaction of the Minister, and
	(d)	the well
	(i)	is or may be approved as a validating well in respect of 
the licence, or
	(ii)	will, after the rig release date for the well occurs, have 
unused earned sections of land that will meet the 
requirements of section 11.1 in respect of that licence,
the initial term of the licence is extended to the expiration of the 
one-month period following the rig release date for the well and the 
licensee may submit evidence in respect of that well before that 
period expires.
(3)  If a licensee of a licence that has been extended under subsection 
(2) commences the drilling of a well in the location of the licence 
during the period of the extension of the term under subsection (2), 
except a well that is, by reason of section 26, deemed to be the 
continuation of the drilling of a well referred to in subsection (2), the 
well does not qualify as a validating well.

4   Section 9 is repealed and the following is substituted:
Validating wells
9(1)  Subject to subsection (5), the following qualify as validating 
wells in respect of a licence:
	(a)	a well that is drilled in the location of the licence during the 
initial term of the licence if the well
	(i)	is drilled within the location of the licence for at least 75 
metres, and
	(ii)	is drilled for the purpose of evaluating petroleum and 
natural gas rights in the location of the licence;
	(b)	a well that is drilled in the location of the licence and that has 
been re-entered during the initial term of the licence if, after 
the re-entry, the well
	(i)	is drilled within the location of the licence for at least 75 
metres, and
	(ii)	is drilled for the purpose of evaluating petroleum and 
natural gas rights in the location of the licence;
	(c)	a well that is drilled outside the location of the licence during 
the initial term of the licence if
	(i)	the well is drilled in a spacing unit part of which is in 
the location of the licence, and
	(ii)	the well is drilled for at least 75 metres and, in the 
opinion of the Minister, evaluates the petroleum and 
natural gas rights in the location of the licence;
	(d)	a well that is drilled outside the location of the licence and 
that has been re-entered during the initial term of the licence 
if
	(i)	the well is drilled in a spacing unit part of which is in 
the location of the licence, and
	(ii)	after the re-entry, the well is drilled for at least 75 
metres and, in the opinion of the Minister, evaluates the 
petroleum and natural gas rights in the location of the 
licence;
	(e)	a well approved by the Minister as a validating well pursuant 
to subsection (2), (3) or (4).
(2)  The Minister may approve a well as a validating well in respect 
of a licence if
	(a)	the licensee applies for the approval before the drilling of the 
well is commenced,
	(b)	the well is drilled during the initial term of the licence
	(i)	in a spacing unit no part of which is within the location 
of the licence, and
	(ii)	in the location of a lease or in the location of a licence,
	(c)	the well is drilled for at least 75 metres and, in the opinion of 
the Minister, evaluates the petroleum and natural gas rights in 
the location of the licence, and
	(d)	the Minister is satisfied through evidence from the licensee 
or otherwise that all of the other criteria that the Minister 
may establish for the drilling of the well as a validating well 
have been met.
(3)  The Minister may approve a well that is drilled less than 75 
metres as required under subsection (1) as a validating well in 
respect of a licence if
	(a)		the well has been drilled or re-entered during the initial term 
of the licence
	(i)	in the location of the licence, or 
	(ii)	outside the location of the licence in a spacing unit part 
of which is in the location of the licence,
		and
	(b)	the Minister is of the opinion that 
	(i)	the well is productive
	(A)	from a zone that occurs within the location of the 
licence, and
	(B)	in the case of a well that has been re-entered, from 
a zone that occurs within the metres that have been 
drilled in the well after re-entry,
			or
	(ii)	there are exceptional circumstances that prevented the 
lessee from drilling at least 75 metres in the location of 
the licence.
(4)  The Minister may approve a well that does not meet the 
requirements of subsection (1), (2) or (3) as a validating well in 
respect of a licence if
	(a)	the well is re-entered during the initial term of the licence 
and was drilled
	(i)	in the location of the licence, or 
	(ii)	outside the location of the licence in a spacing unit part 
of which is in the location of the licence, 
		and
	(b)	the well becomes a productive well in a zone within the 
location of the licence.
(5)  A well referred to in subsection (1)(b), (1)(d), (3) or (4) may 
qualify as a validating well under this section only on the basis of 
one re-entry operation.

5   Section 10 is repealed.

6   Section 11 is amended
	(a)	by repealing subsection (2) and substituting the 
following:
(2)  An application under subsection (1) must
	(a)	be received by the Minister within the 3-month period 
before the expiration of the initial term of the licence, 
not including any extension of that period under section 
6(2),
	(b)	identify each well that the licensee is applying to use as 
a validating well in respect of the licence and provide 
sufficient evidence to demonstrate that each well is a 
validating well,
	(c) 	for each well referred to in clause (b) that is a multileg 
well, identify 
	(i)	the wellbore that the licensee is applying to use as 
the validating well and that the Minister is to use 
under subsection (4)(a) to determine the measured 
depth of the well, and 
	(ii)	the wellbore that the Minister is to use under 
subsection (8) to determine the zone that is 
penetrated by the well,
	(d)	identify each validating well that has unused earned 
sections that the licensee is applying to use in respect of 
the licence and provide sufficient evidence to 
demonstrate that the requirements of section 11.1 are 
met,
	(e)	identify each well referred to in section 6(2)(d)(ii) that 
will earn sections of land that the licensee is applying to 
use in respect of the licence, and provide sufficient 
evidence to demonstrate that the requirements of section 
11.1 will be met,
	(f)	show the licensee's selection of the sections of land 
requested for validation, which shall not exceed the 
number of sections that may remain in the location of 
the licence at the commencement of the intermediate 
term in accordance with Schedule 2, and
	(g)	provide sufficient evidence to show the deepest zone in 
which rights may, in accordance with subsection (8), be 
validated under this section.
	(b)	in subsection (3) 
	(i)	by striking out "or grouping well" in that portion 
preceding clause (a);
	(ii)	in clause (a)(ii) by adding "prescribed rental for the 
licence and the" after "on payment of the";
	(c)	in subsection (3.1) by striking out "period of time 
within which the licensee is entitled to respond" and 
substituting "deadline before which the licensee may 
respond";
	(d)	by repealing subsections (4) and (5) and 
substituting the following:
(4)  In granting an application made under this section, the 
Minister
	(a)	shall determine
	(i)	in accordance with the criteria established by the 
Minister, the measured depth of each validating 
well identified in the application and the number of 
sections of land earned by the well under Schedule 
2,
	(ii)	the number of sections of land to remain in the 
location of the licensee's licence at the 
commencement of the intermediate term of the 
licence, and
	(iii)	in accordance with subsection (8), the rights that 
may be validated under this section,
			and
	(b)	may determine the configuration of the location of the 
licence at the commencement of its intermediate term.
	(e)	by repealing subsection (5.1) and substituting the 
following:
(5.1)  The Minister shall not make a final decision in respect of 
an application made under subsection (1) until
	(a)	after the expiry of the initial term of the licence, and
	 (b)	if a notice was given under subsection (3.1), after the 
Minister receives a response to the notice or, if no 
response is received, the deadline specified in the notice 
passes.
	(f)	in subsection (8) by striking out "or grouping well, as 
the case may be" wherever it occurs.

7   The following is added after section 11:
Requirements for use of unused earned sections
11.1   A licensee may apply under section 11 for validation of a 
section of land in the location of a licence using an unused earned 
section if all of the following apply: 
	(a)	the unused earned section was determined by the Minister 
under Schedule 2 in respect of a validating well, other than a 
validating well approved under section 9(4);
	(b)	the validating well was drilled or re-entered during the initial 
term of that licence;
	(c)	the location of that licence is separated from the location of 
the licence that contains the validating well by not more than 
one intervening section at their closest points;
	(d)	where the validating well is located
	(i)	in the location of that licence, the validating well 
evaluates petroleum and natural gas rights in the 
location of the licence, or
	(ii)	outside the location of that licence, in the opinion of the 
Minister the validating well evaluates petroleum and 
natural gas rights in the location of the licence. 

8   Section 12 is amended by striking out "Sections 14 to 18" 
and substituting "Sections 13.1 to 18".

9   The following is added after the heading "Continuation 
of Leases":
Interpretation
13.1   For the purposes of this Part, a reference to the term of a lease 
includes any period during which the term of the lease is continued 
or extended under this Regulation or extended under section 8(1)(h) 
of the Act.
Cancellation
13.2   For the purposes of section  82(2) of the Act, a notice given 
by the Minister under section 14(6), 14.1(5) or 14.2(5) shall set out 
the parts of the location of a lease that have ceased to qualify for 
continuation under this Part that will be cancelled by the Minister.

10   Section 14 is amended
	(a)	in subsection (5)(a)
	(i)	in subclause (i) by striking out "and (2)(a)";
	(ii)	in subclause (ii) by striking out "and (2)(e)";
	(b)	in subsection (6)(a)
	(i)	in subclause (i) by striking out "and (2)(a)";
	(ii)	in subclause (ii) by striking out "and (2)(c)";
	(c)	in subsection (7)
	(i)	in clause (a) by striking out "and (2)(b)";
	(ii)	in clause (b) by striking out "and (2)(d)".

11   Section 14 is repealed and the following is substituted:
Application for continuation
14(1)  A lessee may apply to the Minister for the continuation of a 
lease pursuant to section 15, 16 or 17, or any combination of those 
sections
	(a)	within the last year of the term of the lease, or
	(b)	with the consent of the Minister, at any time before the last 
year of the term of the lease.
(2)  On receipt of an application under subsection (1), the Minister 
shall determine 
	(a)	whether the lease qualifies for continuation as to the whole or 
part of the location of the lease in respect of which the 
application is made, and
	(b)	if any part of the location of the lease is not included in the 
application, whether the lease qualifies for continuation 
pursuant to section 14.1 as to that part.
(3)  If the Minister determines under subsection (2)(a) that a lease 
qualifies or does not qualify for continuation with respect to any part 
of the location of the lease that is included in the application, the 
Minister shall give a notice to the lessee that
	(a)	sets out what the Minister has determined under subsection 
(2)(a), and
	(b)	in the case of a determination that a lease does not qualify for 
continuation with respect to any part of the lease that is 
included in the application, specifies the deadline by which 
the lessee may respond to the notice.
(4)  The Minister shall not make a final decision in respect of an 
application made under subsection (1) until
	(a)	after the expiry of the term of the lease, and
	(b)	if a notice was given under subsection (3) that requires a 
response, after the Minister receives a response to the notice 
or, if no response is received, the deadline specified in the 
notice passes.
(5)  If the Minister determines under subsection (2)(a) that the lease 
qualifies for continuation as to the whole or part of its location in 
accordance with the application, the Minister shall continue the lease 
with respect to the whole or that part of its location.
(6)  On making a final decision in respect of an application made 
under subsection (1), the Minister shall give notice of the decision to 
the lessee.
No application for continuation
14.1(1)  Where no application is made under section 14 in respect of 
a lease before the expiration of its term, or where an application is 
made under section 14 but it omits a reference to a part of the 
location of the lease, the Minister shall review the Department's 
records after the expiration of the term of the lease to determine 
whether the lease
	(a)	must be continued as to the whole or part of its location 
pursuant to section 15(1)(b) or (d), or 
	(b)	may be continued as to the whole or part of its location 
pursuant to 
	(i)	section 15(1)(a) on the basis of a producing well,
	(ii)	section 15(1)(c), or 
	(iii)	section 16(4) on the basis of a qualifying well  
	(A)	that is drilled in the location of the lease or in a 
section of land containing the whole or part of the 
location of the lease, and
	(B)	in respect of which the rig release date has not 
occurred at the expiration of the term of the lease.
(2)  If the Minister determines under subsection (1)(a) that a lease 
must be continued as to the whole or part of its location, the Minister 
shall continue the lease as to the whole or part of its location, as the 
case may be in accordance with section 15(2).
(3)  If the Minister determines under subsection (1)(b) that the lease 
may be continued as to the whole or part of its location, the Minister 
shall send the lessee a notice that
	(a)	describes the Minister's determination,
	(b)	states that the lessee may, within the one-month period 
following the date of the notice, apply to the Minister for 
continuation of the lease as to the whole or part of its location 
as set out in the notice in accordance with the Minister's 
determination, and
	(c)	states that the lessee must pay the prescribed rental for the 
lease and the prescribed late application penalty.
(4)  If a lessee makes an application that complies with a notice sent 
under subsection (3), the Minister shall continue the lease as to the 
whole or part of its location in accordance with the application.
(5)  On making a final decision under subsection (1), the Minister 
shall give a notice of the decision to the lessee.
Late application for continuation
14.2(1)  After the expiration of the term of a lease, the lessee may 
apply to the Minister for continuation of the lease as to the whole or 
any part of its location that
	(a)	was not included in an application for continuation under 
section 14, and
	(b)	was not referred to in a notice sent to the lessee pursuant to 
section 14.1(3).
(2)  An application under this section must be made within 60 days 
after the latest of whichever of the following is applicable:
	(a)	the date of a notice sent to the lessee respecting the lease 
under section 14.1(3);
	(b)	the date of a report or letter sent by the Minister to the lessee 
respecting the expiration of the lease as to the whole or any 
part of its location, as the case may be;
	(c)	the date of a letter that is sent by the Minister to the lessee 
advising that the Minister has notified the Regulator of the 
need to abandon a well in the location.
(3)  The lessee must 
	(a)	include with the application evidence, satisfactory to the 
Minister, that the lease qualifies for continuation as to the 
whole or part of its location specified in the application 
pursuant to
	(i)	section 15(1)(a)(ii) on the basis of a producing well,
	(ii)	section 15(1)(c), or
	(iii)	section 16(4) on the basis of a qualifying well that is 
drilled in the location of the lease or in a section of land 
containing the whole or part of the location of the lease, 
		and
	(b)	pay the prescribed rental for the lease and the prescribed late 
application penalty.
(4)  If the lessee makes an application that complies with this section 
and the Minister is satisfied that the lease qualifies for continuation 
as to the whole or part of its location pursuant to 
	(a)	section 15(1)(a)(ii) or (c), the Minister shall continue the 
lease in accordance with section 15(2), or
	(b)	section 16(4) on the basis of a qualifying well referred to in 
subsection (3)(a)(iii), the Minister shall continue the lease in 
accordance with section 16(4).
(5)  On making a final decision in respect of an application made 
under subsection (1), the Minister shall give notice of the decision to 
the lessee.

12   Section 15(2) is repealed and the following is 
substituted:
(2)  The continuation of a lease as to the whole or part of its location 
that is within a spacing unit referred to in subsection (1) shall be 
granted
	(a)	down to the base of whichever of the following zones is 
stratigraphically the deepest in that spacing unit:
	(i)	the deepest zone from which the well is productive, in 
the case of a lease that is continued on the basis of a 
productive well pursuant to subsection (1)(a);
	(ii)	the deepest zone that is subject to a unit agreement, in 
the case of a lease that is continued pursuant to 
subsection (1)(b);
	(iii)	the offset zone from which the freehold well is 
producing petroleum or natural gas, in the case of a 
lease that is continued on the basis of a freehold well 
pursuant to subsection (1)(c);
	(iv)	the deepest zone that is subject to a gas storage 
agreement, in the case of a lease that is continued 
pursuant to subsection (1)(d);
	(v)	the deepest productive zone, in the case of a lease that is 
continued pursuant to subsection (1)(e),
		and
	(b)	up to the top of whichever of the following zones is 
stratigraphically the shallowest in that spacing unit:
	(i)	the shallowest zone from which the well is productive, 
in the case of a lease that is continued on the basis of a 
productive well pursuant to subsection (1)(a);
	(ii)	the shallowest zone that is subject to a unit agreement, 
in the case of a lease that is continued pursuant to 
subsection (1)(b);
	(iii)	the offset zone from which the freehold well is 
producing petroleum or natural gas, in the case of a 
lease that is continued on the basis of a freehold well 
pursuant to subsection (1)(c);
	(iv)	the shallowest zone that is subject to a gas storage 
agreement, in the case of a lease that is continued 
pursuant to subsection (1)(d);
	(v)	the shallowest productive one, in the case of a lease that 
is continued pursuant to subsection (1)(e).

13   Section 15 is repealed and the following is substituted:
Qualification for continuation
15(1)  Subject to subsection (2), a lease qualifies for  continuation 
pursuant to section 14, 14.1 or 14.2 as to a part of its location that is 
within any of the following:
	(a)	the spacing unit for a well that is
	(i)	productive from a zone in the location, in the case of 
section 14, or
	(ii)	producing petroleum or natural gas from a zone in the 
location, in the case of section 14.1 or 14.2;
	(b)	a spacing unit all or part of which is within the unit area of a 
unit agreement to which the lease is subject;
	(c)	a spacing unit adjoining the spacing unit for a freehold well if
	(i)	in accordance with this Regulation and before the 
expiry of the term of the lease, the lessee has notified 
the Minister in writing that the lessee elects to pay 
offset compensation in respect of the location or the part 
of the location within the spacing unit, and
	(ii)	offset compensation is being paid in respect of the 
location or the part of the location within the spacing 
unit;
	(d)	a spacing unit all or part of which is within the area of a gas 
storage agreement to which the lease is subject;
	(e)	a spacing unit all or part of which is productive from a zone 
in the location.
(2)  The continuation of a lease as to the whole or part of its location 
that is within a spacing unit referred to in subsection (1) shall be 
granted
	(a)	down to the base of whichever of the following zones is 
stratigraphically the deepest in that spacing unit:
	(i)	the deepest zone from which the well is
	(A)	productive, in the case of a lease that is continued 
on the basis of a productive well pursuant to 
subsection (1)(a)(i), or
	(B)	producing petroleum or natural gas, in the case of a 
lease that is continued on the basis of a producing 
well pursuant to subsection (1)(a)(ii);
	(ii)	the deepest zone that is subject to a unit agreement, in 
the case of a lease that is continued pursuant to 
subsection (1)(b);
	(iii)	the offset zone from which the freehold well is 
producing petroleum or natural gas, in the case of a 
lease that is continued on the basis of a freehold well 
pursuant to subsection (1)(c);
	(iv)	the deepest zone that is subject to a gas storage 
agreement, in the case of a lease that is continued 
pursuant to subsection (1)(d);
	(v)	the deepest productive zone, in the case of a lease that is 
continued pursuant to subsection (1)(e), 
		and 
	(b)	up to the top of whichever of the following zones is 
stratigraphically the shallowest in that spacing unit:
	(i)	the shallowest zone from which the well is
	(A)	productive, in the case of a lease that is continued 
on the basis of a productive well pursuant to 
subsection (1)(a)(i), or
	(B)	producing petroleum or natural gas, in the case of a 
lease that is continued on the basis of a producing 
well pursuant to subsection (1)(a)(ii);
	(ii)	the shallowest zone that is subject to a unit agreement, 
in the case of a lease that is continued pursuant to 
subsection (1)(b);
	(iii)	the offset zone from which the freehold well is 
producing petroleum or natural gas, in the case of a 
lease that is continued on the basis of a freehold well 
pursuant to subsection (1)(c);
	(iv)	the shallowest zone that is subject to a gas storage 
agreement, in the case of a lease that is continued 
pursuant to subsection (1)(d);
	(v)	the shallowest productive zone, in the case of a lease 
that is continued pursuant to subsection (1)(e).

14   Section 16 is repealed and the following is substituted:
Continuation because of drilling
16(1)  For the purposes of this section,
	(a)	a well is a "qualifying well" in relation to a lease if all of the 
following apply at the expiration of the term of the lease:
	(i)	the drilling of the well has commenced and the rig 
release date for the well has not yet occurred, or the rig 
release date for the well occurred not more than 3 
months before the date of the expiration of the term of 
the lease;
	(ii)	in the opinion of the Minister, the well has or will 
evaluate petroleum and natural gas rights in the location 
of the lease;
	(iii)	the well has not previously been used as a qualifying 
well for continuation of any lease as to the whole or a 
part of its location pursuant to this section;
	(iv)	if the lease was previously continued as to the whole or 
part of its location pursuant to this section, the well is 
drilled in a section of land that contains a portion of the 
previously continued location;
	(b)	the "qualifying area" in relation to a well that is a qualifying 
well in respect of a lease is
	(i)	the location of the lease, if the qualifying well is drilled 
in the location of the lease or in a section of land 
containing the whole or part of the location of the lease, 
or
	(ii)	if the qualifying well is drilled outside the location of 
the lease, the portions of the location of the lease that 
are contained within the sections of land that
	(A)	adjoin the section containing the well, or 
	(B)	are, at their closest points, less than one 
intervening section from the section containing the 
well;
	(c)	"previously continued location" means the whole or part of 
the location of one or more leases that have been continued 
pursuant to this section on the basis of a single qualifying 
well.
(2)  If at the expiration of the term of a lease there is a qualifying 
well in respect of the lease, the lease qualifies for continuation on 
application under section 14 as follows:
	(a)	if the lease was not previously continued as to the whole or 
part of its location pursuant to this section, the Minister shall 
continue the lease as to parts of its location that are contained 
in not more than 9 sections of land within the qualifying area 
of that well;
	(b)	if the lease was previously continued as to the whole or part 
of its location pursuant to this section, the Minister shall 
continue the previously continued location, except for any 
portions of the previously continued location that have been 
surrendered or that have been continued pursuant to section 
15.
(3)  If a well is a qualifying well in relation to more than one lease, 
the Minister may, in accordance with subsection (2), continue all or 
portions of some or all of the leases.
(4)  If at the expiration of the term of a lease there is a qualifying 
well in relation to the lease that is described in section 14.1(1)(b)(iii) 
or 14.2(3)(a)(iii), the lease qualifies to be continued under section 
14.1 or 14.2 as to the location or part of the location, as the case may 
be, contained in the section of land in which the qualifying well is 
drilled.
(5)  Where a lease is continued pursuant to this section as to the 
whole or part of its location, the whole or part of its location so 
continued expires at the end of the 6-month period following
	(a)	the rig release date of the qualifying well, or
	(b)	where there are 2 or more qualifying wells in respect of a 
previously continued location, the rig release date of the well 
with the latest rig release date.
(6)  If a lease is continued pursuant to this section, the Minister may 
from time to time grant an extension of that continuation period 
subject in the case of each extension to the following:
	(a)	the lessee must apply to the Minister for the extension before 
the continuation period expires;
	(b)	the application will be granted only if the Minister considers 
the extension warranted in the circumstances.

15   Section 17 is repealed and the following is substituted:
Continuation in respect of potentially productive wells
17(1)  Subject to subsection (8), a lease qualifies for continuation as 
to the whole or part of its location that is contained in up to 9 
sections of land described in subsection (2) that are selected by the 
lessee on the basis of a well that 
	(a)	is productive, or
	(b)	in the opinion of the Minister, is potentially productive.
(2)  Each section of land that the lessee may select with respect to a 
well must
	(a)	 contain the well, or
	(b)	adjoin or, at its closest point, be less than one intervening 
section from the section that contains the well.
(3)  If a lessee applies under section 14 for continuation of a lease as 
to the whole or part of its location pursuant to this section, the 
application must in respect of each well to which the application 
pertains,
	(a)	include evidence satisfactory to the Minister that the well
	(i)	is productive or potentially productive, and
	(ii)	has or will evaluate petroleum and natural gas rights in 
the location of the lease,
		and
	(b)	set out the sections of land that the lessee has selected on the 
basis of the well to qualify the lease for continuation as to the 
whole or part of its location contained in those sections.
(4)  If a lessee applies under section 14 for continuation of a lease as 
to the whole or a part of its location pursuant to section 15 or 16 and 
the Minister determines that the whole or part of the location does 
not qualify for continuation under those sections but qualifies for 
continuation pursuant to this section on the basis of a well described 
in subsection (1), the Minister's notice under section 14(3)
	(a)	must set out that the Minister is offering to continue the lease 
as to the whole or part of its location pursuant to this section,
	(b)	must state that the lessee may accept the offer in whole or in 
part as set out in the notice by selecting up to 9 sections of 
land described in subsection (2) to qualify the lease for 
continuation as to the whole or part of its location contained 
in those sections, and
	(c)	must state that if the lessee accepts the offer, the lessee must 
pay
	(i)	the prescribed rental for any part of the location in 
respect of which the rental has not yet been paid for the 
first year following the expiration of the term of the 
lease, and
	(ii)	the prescribed acceptance fee.
(5)  If a lessee accepts an offer made under subsection (4) in respect 
of a well, the Minister may continue the lease as to the whole or part 
or its location as provided for in the offer and accepted by the lessee 
subject to any terms and conditions imposed by the Minister.
(6)  The  continuation of the whole or part of the location of a lease 
on the basis of a well pursuant to this section shall be granted to the 
base of the deepest zone in the location of the lease from which the 
well
	(a)	is productive, or
	(b)	in the opinion of the Minister, is potentially productive.
(7)  Where a lease is continued pursuant to this section as to the 
whole or part of its location
	(a)	the lease continues in effect as to the whole or part of the 
location in respect of which it was continued for a period of 
one year from the expiration of the term of the lease, and
	(b)	the lessee must pay 
	(i)	the prescribed rental for any part of the location in 
respect of which the rental has not yet been paid for the 
first year following the expiration of the term of the 
lease, and
	(ii)	the prescribed acceptance fee.
(8)  A lease does not qualify for continuation pursuant to this section 
as to the whole or a part of its location 
	(a)	that has previously been continued under this section or 
section 16, or
	(b)	is contained in the spacing unit that contains the well to 
which the application relates if that part of the location 
qualifies for continuation under section 15.

16   Section 18(9) is amended by striking out "section 14 
applies" and substituting "sections 14, 14.1 and 14.2 apply".

17   Section 36 is amended by striking out "June 30, 2014" 
and substituting "November 30, 2018".

18   Schedule 2 is amended
	(a)	by repealing the heading and substituting the 
following:
Number of Sections of Land 
Earned by Validating Well
	(b)	in section 1
	(i)	by striking out "or grouping well";
	(ii)	by striking out "that may be validated" and 
substituting "earned by the well that may be used to 
validate sections of land";
	(c)	by repealing section 2.

19(1)  In this section, "former regulation" means the Petroleum and 
Natural Gas Tenure Regulation (AR 263/97) as it read immediately 
before the coming into force of this Regulation.
(2)  Notwithstanding the amendment effected by section 14, on the 
coming into force of this Regulation the further continuation period set 
out in section 16(7)(a) of the former regulation continues to apply with 
respect to a lease that has been approved for further continuation under 
section 16(5) of the former regulation.

20(1)  Sections 1, 2(c), 10 and 12 of this Regulation come 
into force on January 1, 2014.
(2)  Sections 2(a), (b) and (d), 3 to 9, 11 and 13 to 19 come 
into force on March 1, 2014.



Alberta Regulation 225/2013
Insurance Act
HOME WARRANTY INSURANCE REGULATION
Filed: December 9, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 405/2013) 
on December 6, 2013 pursuant to section 548.1 of the Insurance Act. 


Table of Contents
	1	Definitions
	2	Home warranty insurance policy limits
	3	Other rights not affected
	4	Notice of coverage
	5	Policy conditions
	6	Permitted coverage exclusions
	7	Permitted loss or damage exclusions
	8	Deductibles
	9	Calculation of claim
	10	Termination of insurance
	11	Reconstructions
	12	Alberta New Home Warranty Program
	13-14	Consequential amendments
	15	Expiry
	16	Coming into force
Definitions
1   In this Regulation,
	(a)	"Act" means the Insurance Act;
	(b)	"delivery and distribution system" has the same meaning as 
in section 1(1)(m) of the New Home Buyer Protection Act;
	(c)	"home warranty insurance contract" has the same meaning as 
in section 548.1(2) of the Act;
	(d)	"new home" has the same meaning as in section 1(1)(s) of 
the New Home Buyer Protection Act;
	(e)	"owner" has the same meaning as in section 1(1)(t) of the 
New Home Buyer Protection Act;
	(f)	"owner builder" has the same meaning as in section 1(1)(u) 
of the New Home Buyer Protection Act;
	(g)	"Provincial Historic Resource" has the same meaning as in 
section 1(i) of the Historical Resources Act;
	(h)	"purchase period" has the same meaning as in section 1(1)(y) 
of the New Home Buyer Protection Act;
	(i)	"reconstruction" has the same meaning as in section 1(1)(z) 
of the New Home Buyer Protection Act; 
	(j)	"recorded mail" means recorded mail as defined in the 
Alberta Rules of Court (AR 124/2010);
	(k)	"Registered Historic Resource" has the same meaning as in 
section 1(j) of the Historical Resources Act; 
	(l)	"residential builder" has the same meaning as in section 
1(1)(dd) of the New Home Buyer Protection Act;
	(m)	"warranty provider" has the same meaning as in section 
548.1(1) of the Act.
Home warranty insurance policy limits
2(1)  Every home warranty insurance policy must provide coverage for 
defects as required by section 3(6) of the New Home Buyer Protection 
Act.
(2)  Where an insured has purchased additional coverage as required to 
be offered by a warranty provider under section 3(7) of the New Home 
Buyer Protection Act, the home warranty insurance policy must 
provide coverage for those defects.
(3)  Limits of coverage provided under subsection (1), exclusive of 
interest and costs, must not be less than the following:
	(a)	for a single dwelling unit constructed by a residential builder, 
the lesser of the original purchase price paid to the residential 
builder and $265 000;
	(b)	for a single dwelling unit constructed by an owner builder, 
the lesser of the appraised value of the new home at the time 
of commencement of coverage and $265 000;
	(c)	for a single dwelling unit in a condominium or a multiple 
family dwelling, the lesser of the original purchase price paid 
to the residential builder and $130 000;
	(d)	subject to subsection (4), for the common property in a 
condominium or a multiple family dwelling, or for the 
property for which a condominium corporation is responsible 
under its bylaws, the lesser of
	(i)	$130 000 times the number of single dwelling units in 
the condominium or multiple family dwelling, and
	(ii)	$3 300 000.
(4)  If a condominium consists of a number of buildings, the applicable 
coverage limit in subsection (3)(d) applies to each building.
(5)  For greater certainty, in this section, 
	(a)	"the original purchase price paid to the residential builder" 
does not include the portion of the purchase price attributable 
to the purchase of the land, and
	(b)	"the appraised value of the new home" does not include the 
value of the land.
Other rights not affected
3(1)  Nothing in this regulation affects the rights of an insured under 
the insured's contract with a residential builder.
(2)  An insured may exercise rights and seek remedies under a home 
warranty insurance policy without exercising any rights referred to in 
subsection (1).
(3)  No home warranty insurance policy may contain requirements 
contrary to subsection (2).
Notice of coverage
4(1)  A warranty provider must, as soon as reasonably possible after 
the commencement of coverage under the home warranty insurance 
policy, provide the owner with details of coverage under the home 
warranty insurance policy and with a schedule of the expiry dates for 
all types of coverage.
(2)  The schedule referred to in subsection (1) must include an 
adhesive label that is a minimum size of 150 mm by 150 mm and is 
suitable for affixing by the owner in a conspicuous location in the new 
home. 
(3)  The adhesive label referred to in subsection (2) must set out all the 
expiry dates for all types of coverage.
Policy conditions
5(1)  The conditions set out in this section must be included in every 
home warranty insurance policy in force in Alberta and must be 
printed under the heading "Policy Conditions".
(2)  No variation or omission of or addition to any policy condition is 
binding on the insured.
Policy Conditions
In these policy conditions, unless the context otherwise requires, 
"insured" means a person insured by the home warranty insurance 
contract whether named in the home warranty insurance contract or 
not.
REQUIREMENTS AFTER DISCOVERY OF 
DEFECT     1(1)  Within a reasonable time after the discovery of a 
defect in a new home, the insured must, if the defect is covered by the 
policy, give notice of the defect in reasonable detail to the warranty 
provider.
(2)  The warranty provider may require that the notice from the insured 
be in writing. 
WHO MAY GIVE NOTICE AND PROOF     2   Notice of a defect 
under Policy Condition 1(1) may be given 
	(a)	by the agent of the insured if
	(i)	the insured is absent or unable to give the notice or 
make the proof, and
	(ii)	the absence or inability is satisfactorily accounted for,
		or
	(b)	by any person who has an insurable interest in the new home, 
if the named insured fails or refuses to do so, or in the 
circumstances described in clause (a) of this condition.
MITIGATION     3(1)  In the event of loss or damage to a new home 
resulting from a defect, the insured must take all reasonable steps to 
prevent further loss or damage to the new home as a result of the 
defect.  
(2)  The warranty provider must pay to the insured all reasonable and 
proper expenses incurred in connection with steps taken by the insured 
under subparagraph (1) of this condition.
ENTRY AND CONTROL     4   After a defect has been reported to a 
warranty provider, the warranty provider has an immediate right of 
access and entry to the new home by itself and by its accredited 
representatives, who may include the residential builder, sufficient to 
	(a)	enable them to determine if a defect exists,
	(b)	make an estimate of the repairs required to rectify the defect, 
and 
	(c)	make the repairs necessary to rectify the defect.
MATERIAL CHANGE IN RISK     5(1)  The insured must promptly 
give notice in writing to the warranty provider or its agent of any 
change that is
	(a)	material to the risk, and
	(b)	within the control and knowledge of the insured.
(2)  The warranty provider may require that the notice from the insured 
be in writing.
IN CASE OF DISAGREEMENT     6(1)  In the event of disagreement 
as to whether a defect exists, the nature and extent of the repairs or 
replacements required, the adequacy of repairs or replacements made 
or the amount of loss or damage, those questions must be determined 
using the applicable dispute resolution process set out in section 519 of 
the Insurance Act whether or not the insured's right to recover under 
the home warranty insurance contract is disputed, and independently of 
all other questions.
(2)  There is no right to a dispute resolution process under this 
condition until
	(a)	a specific demand is made for it in writing, and
	(b)	the proof of loss has been delivered to the insurer.
TRANSFER OF TITLE     7   If title to the new home is transferred at 
any time during the purchase period, the home warranty insurance 
contract is transferred to the new owner and the new owner is deemed 
to have given good and valuable consideration to the warranty provider 
under the home warranty insurance contract.
ADDITIONAL LIVING EXPENSES     8(1)  If a new home is 
uninhabitable as a result of a defect or during the rectification of a 
defect, then reasonable living expenses incurred by the insured will be 
payable by the warranty provider to the insured to a maximum of $150 
per day or such greater amount as may be established from time to 
time by the Superintendent of Insurance.
(2)  The total amount payable under subparagraph (1) of this condition 
shall not exceed $15 000 for each period of time the home is 
uninhabitable while warranty coverage is in effect.
WARRANTY OF REPAIRS OF DEFECTS     9(1)  All repairs and 
replacements made to rectify defects are warranted against defects in 
materials and labour until the later of the first anniversary of the date 
of completion of the repair or replacement and the expiry of coverage 
for that type of defect under the home warranty insurance policy. 
(2)  If an insured accepts payment from a warranty provider in lieu of 
repairs or replacements to rectify a defect, then no further warranty 
coverage applies to the defect covered by the payment.  
NOTICE     10(1)  Written notice to the warranty provider may be 
delivered, or sent by recorded mail, to the chief agency or head office 
of the warranty provider in the province. 
(2)  Written notice to the insured may be personally delivered, or sent 
by recorded mail addressed, to the address of the new home covered by 
the home warranty insurance policy.
Permitted coverage exclusions
6   A warranty provider may exclude the following from coverage 
under a home warranty insurance policy:
	(a)	any non-residential use area and any construction or 
reconstruction associated with a non-residential use area; 
	(b)	site grading and surface drainage except as required by a 
building code, and not including subsidence beneath footings 
of a home or under driveways or walkways;
	(c)	utility services;
	(d)	septic tanks and septic or absorption fields, unless 
constructed or otherwise provided by the residential builder 
or owner builder; 
	(e)	home appliances, including but not limited to refrigerators, 
stoves, ovens, garbage disposal units, dishwashers, 
microwaves, clothing washers, clothing dryers and freezers;
	(f)	water wells, except equipment installed for the operation of 
the water well where the equipment is part of a delivery and 
distribution system; 
	(g)	the quality or quantity of water from a municipal water 
supply, a water well or any other source;
	(h)	any component of a Registered Historic Resource or 
Provincial Historic Resource that is being converted from 
commercial to residential use, where that component has 
been exempted from the application of any provision 
contained in any building code pursuant to section 51 of the 
Historical Resources Act;
	(i)	designs, materials or labour supplied by anyone other than 
the residential builder or the employees, agents or 
subcontractors of a residential builder, but not including any 
designs, material or labour retained by the residential builder 
or by an owner builder in a reconstruction.
Permitted loss or damage exclusions
7   A warranty provider may exclude from coverage under a home 
warranty insurance policy any loss or damage resulting from the 
following:
	(a)	weathering, normal wear and tear, deterioration or deflection 
consistent with normal industry standards;
	(b)	normal shrinkage of materials caused by drying after 
construction;
	(c)	substantial use of the residence for non-residential purposes;
	(d)	negligent or improper maintenance or improper operation of 
the new home or anything in the new home by anyone other 
than the residential builder or its employees, agents or 
subcontractors;
	(e)	alterations to the home by anyone other than the residential 
builder or its employees, agents or subcontractors;
	(f)	changes to the grading of the ground by anyone other than 
the residential builder, or its employees, agents or 
subcontractors;
	(g)	insects, rodents or other animals, unless the damage results 
from non-compliance with a building code by the residential 
builder or its employees, agents or subcontractors, or the 
owner builder;
	(h)	acts of nature;
	(i)	bodily injury, disease, illness or death resulting from any 
cause;
	(j)	damage to personal property or real property that is not part 
of a new home;
	(k)	contaminated soil, except where supplied by or through the 
residential builder and the residential builder knew or ought 
to have known that the soil was contaminated;
	(l)	subsidence of the land around a new home or along utility 
lines, not including subsidence beneath footings of a new 
home or under driveways or walkways;
	(m)	diminished value of a new home or any component of a new 
home;
	(n)	deficiencies that have been agreed to between a residential 
builder and the insured prior to or at the time of possession;
	(o)	defects that have been caused or substantially contributed to 
by a change that is material to the risk and is within the 
control and knowledge of the insured;
	(p)	fire, explosion, smoke, flooding or sewer back-up;
. 	(q)	loss of income or opportunity;
	(r)	loss of enjoyment, use or benefit of the new home;
	(s)	inconvenience or distress to the owner;
	(t)	any professional fees, including legal, consulting or medical 
costs.
Deductibles
8(1)  Subject to subsection (2), a warranty provider may require an 
insured to pay a deductible on claims made under a home warranty 
insurance policy.
(2)  An insured may bundle any number of defects into a single claim 
to be submitted to a warranty provider.
(3)  Only one deductible is payable per claim submitted to a warranty 
provider, regardless of the number of defects reported by the insured to 
the warranty provider in that claim.
(4)  The maximum amount of a deductible payable under subsection 
(1) shall not exceed
	(a)	for claims related to the common property, common facilities 
and other assets of a condominium corporation
	(i)	$100 for claims related to the coverage in section 
3(6)(a) of the New Home Buyer Protection Act, and
	(ii)	$500 for all other claims, 
and
	(b)	for all other claims, $50.
(5)  The total sum of deductibles payable in each calendar year for 
claims made, not including claims relating to the common property, 
common facilities and other assets of a condominium corporation, 
must not exceed $300.
(6)  A warranty provider may refund a deductible paid or waive a 
deductible payable by an insured.
(7)  When a home warranty insurance contract evidenced by a policy 
contains a deductible clause, the contract must have printed or stamped 
on the first page in conspicuous bold type the words:
This policy contains a clause which may limit the amount payable.
and unless these words are so printed or stamped, the clause is not 
binding on the insured.
Calculation of claim
9   When a warranty provider calculates the cost of a claim, the 
warranty provider may include 
	(a)	the cost of repairs, 
	(b)	the cost of any investigation, engineering and design required 
for the repairs, 
	(c)	the cost of adjusting and supervision of repairs, including 
professional review but excluding legal costs,
	(d)	the cost of mitigation paid by a warranty provider to an 
insured, and
	(e)	the cost of additional living expenses of an owner paid by a 
warranty provider.
Termination of insurance
10(1)  The home warranty insurance contract may only be terminated 
by the warranty provider before coverage begins by giving the insured 
15 days' notice of termination by recorded mail or 5 days' written 
notice of termination personally delivered.
(2)  If the home warranty insurance contract is terminated by the 
warranty provider,
	(a)	the warranty provider must refund the excess of premium 
actually paid by the insured over the prorated premium for 
the expired time, and
	(b)	the refund must accompany the notice unless the premium is 
subject to adjustment or determination as to amount, in which 
case the refund must be made as soon as practicable.
(3)  The 15-day period referred to in subsection (1) starts to run on the 
day the letter was sent by recorded mail or notification of it is 
delivered to the insured's postal address.
Reconstructions
11   Subject to section 6(h), when a reconstruction occurs, the 
coverage in the home warranty insurance policy must cover all 
elements of the home, including those areas retained or not 
reconstructed.
Alberta New Home Warranty Program
12   The Alberta New Home Warranty Program is prescribed as a 
person for the purposes of section 548.1(1)(b) of the Act.
Consequential Amendments
Classes of Insurance Regulation
13(1)  The Classes of Insurance Regulation (AR 144/2011) is 
amended by this section.
(2)  Section 1(1) is amended
	(a)	by adding the following after clause (f):
	(f.1)	"deposit protection insurance" means insurance against 
the loss of a deposit paid to a residential builder or 
developer for the construction or reconstruction of a 
new home or for the purchase of land;
	(b)	by adding the following after clause (i):
	(i.1)	"home completion insurance" means insurance against 
the default of a residential builder to complete the 
construction or reconstruction of a new home;
	(i.2)	"home warranty insurance" means insurance against 
defects in the construction of a new home and 
consequential losses or costs incurred by the owner;
	(c)	by adding the following after clause (n):
	(n.1)	"new home" has the same meaning as in section 1(1)(s) 
of the New Home Buyer Protection Act;
	(d)	by adding the following after clause (o):
	(o.1)	"owner" has the same meaning as in section 1(1)(t) of 
the New Home Buyer Protection Act;
	(e)	by adding the following after clause (q):
	(q.1)	"reconstruction" has the same meaning as in section 
1(1)(z) of the New Home Buyer Protection Act;
	(q.2)	"residential builder" has the same meaning as in section 
1(1)(dd) of the New Home Buyer Protection Act;
(3)  Section 2 is amended
	(a)	by adding the following after clause (f):
	(f.1)	deposit completion insurance;
	(b)	by adding the following after clause (i):
	(i.1)	home completion insurance;
	(i.2)	home warranty insurance;
Fair Practices Regulation
14(1)  The Fair Practices Regulation (AR 128/2001) is 
amended by this section.
(2)  Section 5.8 is amended by adding "deposit protection 
insurance, home completion insurance, home warranty insurance," 
before "mortgage insurance,".
Expiry
15   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 February 1, 2019.
Coming into force
16   This Regulation comes into force on the coming into force of 
section 29 of the New Home Buyer Protection Act.


--------------------------------
Alberta Regulation 226/2013
Environmental Protection and Enhancement Act
OIL SANDS ENVIRONMENTAL MONITORING PROGRAM REGULATION
Filed: December 13, 2013
For information only:   Made by the Minister of Environment and Sustainable 
Resource Development (M.O. 74/2013) on December 9, 2013 pursuant to section 36.1 
of the Environmental Protection and Enhancement Act. 
Table of Contents
	1	Definitions
	2	Establishing the Oil Sands Environmental Monitoring Program
	3	Participation in the Oil Sands Environmental Monitoring Program
	4	Determination and notice of assessment of fees for Program
	5	Payment of assessment and penalty for late payment
	6	Deemed compliance with approval condition
	7	Recovery of amount owing under notice of assessment, etc.
	8	Public information
	9	Provision of information
	10	Access to land for monitoring purposes
	11	Expiry
	12	Coming into force 
 
Schedule
Definitions
1   In this Regulation,
	(a)	"Act" means the Environmental Protection and 
Enhancement Act;
	(b)	"application" means an application 
	(i)	for an approval,
	(ii)	to change the activity that is the subject of an approval, 
or
	(iii)	to amend a term or condition of, add a term or 
condition to or delete a term or condition from an 
approval,
unless the context requires otherwise;
	(c)	"approval" means an approval issued under the Act in 
respect of an oil sands mine, oil sands processing plant, 
enhanced recovery in-situ oil sands or heavy oil processing 
plant, unless the context requires otherwise, but does not 
include a plant for the extraction from crude bitumen of 
crude oil, natural gas and other substances;
	(d)	"approved annual monitoring plan" means the plan prepared 
in accordance with the Oil Sands Environmental Monitoring 
Program, setting out the monitoring activities approved for a 
fiscal year;
	(e)	"assessment" means the total fee payable in respect of a 
particular application or approval by a participant in the Oil 
Sands Environmental Monitoring Program, as determined by 
the Director in accordance with the Schedule;
	(f)	"Oil Sands Environmental Monitoring Program" means the 
environmental monitoring program established under section 
2;
	(g)	"participant" means a person who is required under section 3 
to participate in the Oil Sands Environmental Monitoring 
Program.
Establishing the Oil Sands Environmental Monitoring Program
2   The Oil Sands Environmental Monitoring Program is established, 
and shall consist of the Joint Canada/Alberta Oil Sands Monitoring 
Implementation Program, established by Ministerial Order 25/2013 
made by the Minister pursuant to section 8 of the Government 
Organization Act, and any successor program.
Participation in the Oil Sands Environmental Monitoring Program
3   A person shall participate in the Oil Sands Environmental 
Monitoring Program for a particular fiscal year if the person, as of 
December 31 of the year prior to the fiscal year, holds a subsisting 
approval or has an active application.
Determination and notice of assessment of fees for Program
4(1)  For each fiscal year, the Director shall determine the assessment 
of fees for the Oil Sands Environmental Monitoring Program in 
respect of an application or approval in accordance with the Schedule.
(2)  A notice of assessment must include
	(a)	a brief description of the approval or application to which 
the notice applies,
	(b)	the amount of the assessment in respect of the approval or 
application to which the notice applies, and
	(c)	a demand for payment of the total amount of the assessment.
(3)  On an annual basis, a notice of assessment in respect of each 
application and approval must be provided to the participant for the 
applicable fiscal year.
(4)  The notice of assessment must be accompanied by a copy of the 
approved annual monitoring plan for the particular fiscal year.
(5)  This section applies to the 2013-2014 fiscal year and subsequent 
fiscal years.
Payment of assessment and penalty for late payment
5(1)  A participant shall pay the full amount of an assessment within 
45 days of the date the notice of assessment is sent. 
(2)  An assessment or part of an assessment that is not paid in 
accordance with subsection (1) is subject to the addition of a penalty 
of 20% of the unpaid assessment or part of an assessment, unless the 
Minister orders otherwise.
Deemed compliance with approval condition
6   Where a participant has paid the assessment in respect of an 
approval for a particular fiscal year, the participant is deemed to have 
complied with the conditions or portions of conditions, if any, in the 
approval that
	(a)	are the subject-matter of the assessment, and
	(b)	are set out in the applicable approved annual monitoring 
plan.
Recovery of amount owing under notice of assessment, etc.
7   If a participant fails to pay an amount required under section 5, the 
amount outstanding is a debt owing to the Crown, and the Department 
may recover the amount outstanding by an action in debt.
Public information
8   Information collected or submitted for the purposes of this 
Regulation is considered to be public.
Provision of information
9   The Minister may require a department or a Government agency to 
provide information or a report or record that is necessary for the 
determination of an assessment.
Access to land for monitoring purposes
10   A participant shall provide access to the land that is referred to in 
the application or approval, as the case may be, for the purposes of 
conducting monitoring that is set out in the approved annual 
monitoring plan.
Expiry
11   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 January 31, 2019.
Coming into force
12   This Regulation comes into force on the date on which the 
Environmental Protection and Enhancement Amendment Act, 2013 
comes into force.
Schedule 
 
Calculation of the Fees and Assessment 
for the Oil Sands Environmental 
Monitoring Program
1   In this Schedule,
	(a)	"Budget" means the amount, expressed in Canadian dollars, 
to be spent for the Budget Year, to conduct the activities set 
out in the approved annual monitoring plan; 
	(b)	"Budget Year" means the Crown's fiscal year as set out in 
section 3 of the Financial Administration Act;
	(c)	"Cut-off Date" means December 31 of the year prior to the 
Budget Year;
	(d)	"EPEA Application" means an application subsisting on the 
Cut-off Date, but does not include
	(i)	an application for an amendment to an approval for an 
activity with an existing crude bitumen production of at 
least 320 cubic metres per day, or
	(ii)	an application for an approval in respect of an activity 
for which
	(A)	the Maximum Proposed Production is less than 
320 cubic metres per day, or
	(B)	the OSCA Applications and OSCA Approvals 
associated with the application are in respect of 
schemes or operations that are of a category other 
than commercial;
	(e)	"EPEA Approval" means an approval, subsisting on the 
Cut-off Date, but does not include an approval in respect of 
an activity for which
	(i)	the Maximum Allowed Production is less than 320 
cubic metres per day, or
	(ii)	the OSCA Applications or OSCA Approvals associated 
with the approval are in respect of schemes or 
operations that are of a category other than commercial;
	(f)	"Maximum Allowed Production" means the maximum 
allowed daily production of crude bitumen as specified in 
the OSCA Approvals associated with the EPEA Approval;
	(g)	"Maximum Proposed Production" means the maximum 
amount of crude bitumen to be produced daily at the facility, 
as specified in the EPEA Application documentation or 
calculated by the Director based on information in other 
documents accepted by the Director; 
	(h)	"Operating Capacity" means the total operating capacity, in 
respect of crude bitumen, for an activity that is the subject of 
an EPEA Approval, calculated by the Director using 
information in the Oil Sands Quarterly Report;
	(i)	"Oil Sands Quarterly Report" means the "Oil Sands 
Quarterly Report", published by the Government of Alberta, 
for the period with an end date closest to the Cut-off Date;
	(j)	"OSCA Application" means an application, subsisting on the 
Cut-off Date, for an approval under the Oil Sands 
Conservation Act;
	(k)	"OSCA Approval" means an approval issued under the Oil 
Sands Conservation Act, subsisting on the Cut-off Date.
2   The Director shall calculate the Base Fee in accordance with the 
following formula:
Base Fee = 0.1 x Budget / (A+B) 
 
where
	A 	= The total number of EPEA Applications 
	B 	= The total number of EPEA Approvals 
3   The Director shall calculate the Approval Fee in respect of an 
EPEA Approval in accordance with the following formula:
Approval Fee = 0.1 x (Budget / Total Number of 
                                                   EPEA Approvals)
4   The Director shall calculate the Maximum Allowed Production Fee 
in respect of an EPEA Approval in accordance with the following 
formula:
Maximum Allowed Production Fee = 0.4 x Budget x (C / D) 
 
where
	C 	= Maximum Allowed Production (in m3/day)
	D 	= Sum of Maximum Allowed Production for all EPEA 
  Approvals (in m3/day).
5   The Director shall calculate the Operating Capacity Fee in respect 
of an EPEA Approval in accordance with the following formula:
Operating Capacity Fee = 0.4 x Budget x (E / F)
where
	E 	= Operating Capacity (in barrels/day)
	F 	= Sum of Operating Capacities for all EPEA Approvals 
  (in barrels/day)
6   The Director shall determine the assessment in respect of each 
EPEA Application and EPEA Approval by calculating the sum in 
accordance with the applicable formula below, using the values as 
calculated in sections 2 to 5 of this Schedule:
	(a)	Assessment in respect of an EPEA Application = Base Fee;
	(b)	Assessment in respect of an EPEA Approval = Base Fee 
+ Approval Fee + Maximum Allowed Production Fee 
+ Operating Capacity Fee.


--------------------------------
Alberta Regulation 227/2013
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY 
AMENDMENT REGULATION
Filed: December 13, 2013
For information only:   Made by the Lieutenant Governor in Council (O.C. 409/2013) 
on December 13, 2013 pursuant to sections 16, 17 and 18 of the Government 
Organization Act. 
1   The Designation and Transfer of Responsibility 
Regulation (AR 80/2012) is amended by this Regulation.

2   Section 7 is repealed.

3   Section 10 is repealed and the following is substituted:
Human Services
10(1)  The Minister of Human Services continues as the Minister 
responsible for the following enactments: 
	(a)	Adult Adoption Act;
	(b)	Adult Guardianship and Trusteeship Act;
	(c)	Assured Income for the Severely Handicapped Act;
	(d)	Blind Persons' Rights Act;
	(e)	Child Care Licensing Act;
	(f)	Child and Family Services Authorities Act;
	(g)	Child and Youth Advocate Act;
	(h)	Child, Youth and Family Enhancement Act;
	(i)	Children First Act;
	(j)	Drug endangered Children Act;
	(k)	Family and Community Support Services Act;
	(l)	Family Support for Children with Disabilities Act;
	(m)	Income and Employment Supports Act;
	(n)	Minors' Property Act;
	(o)	Personal Directives Act;
	(p)	Persons with Developmental Disabilities Community 
Governance Act;
	(q)	Persons with Developmental Disabilities Foundation Act;
	(r)	Premier's Council on the Status of Persons with Disabilities 
Act;
	(s)	Premier's Council on Alberta's Promise Act;
	(t)	Protection Against Family Violence Act;
	(u)	Protection of Sexually Exploited Children Act;
	(v)	Public Trustee Act;
	(w)	Service Dogs Act;
	(x)	Social Care Facilities Review Committee Act;
	(y)	Widows' Pension Act.
(2)  The Minister of Human Services is designated as the Minister 
responsible for the Building Families and Communities Act.
(3)  The responsibility for the Social Care Facilities Licensing Act 
continues as the common responsibility of the Minister of Human 
Services and the Minister of Health.
(4)  The powers, duties and functions of the Minister in the Children 
and Youth Services Grants Regulation (AR 73/2001) continue as the 
responsibility of the Minister of Human Services.
(5)  The powers, duties and functions of the Minister in the 
Employment and Immigration Grant Regulation (AR 94/2009) are 
transferred to the common responsibility of the Minister of Human 
Services and the Minister of Jobs, Skills, Training and Labour.

4   The following is added after section 11:
Innovation and Advanced Education
11.1(1)  The responsibility for the following enactments is 
transferred to the Minister of Innovation and Advanced Education:
	(a)	Access to the Future Act;
	(b)	Alberta Centennial Education Savings Plan Act;
	(c)	Alberta Competitiveness Act;
	(d)	Alberta Economic Development Authority Act;
	(e)	Alberta Enterprise Corporation Act;
	(f)	Alberta Heritage Scholarship Act;
	(g)	Alberta Research and Innovation Act, except sections 9(2), 
(3) and (4), 10, 12(1) and 13(a) and (b);
	(h)	Apprenticeship and Industry Training Act;
	(i)	sections 1 and 2 of Schedule 1 and section 2 of Schedule 3 to 
the Government Organization Act;
	(j)	Post-secondary Learning Act, except sections 66(2) and (3), 
67, 72(3) and (4), 73, 80 and 99(1)(a) and (2) to (6);
	(k)	Private Vocational Training Act;
	(l)	Student Financial Assistance Act.
(2)  The responsibility for the following enactments is transferred to 
the common responsibility of the Minister of Innovation and 
Advanced Education and the Minister of Infrastructure:
	(a)	section 3 of Schedule 1 to the Government Organization Act;
	(b)	sections 72(3) and (4), 73, 80 and 99(1)(a) and (2) to (6) of 
the Post-secondary Learning Act.
(3)  The powers, duties and functions of the Minister in sections 
9(2), (3) and (4), 10 and 13(a) and (b) of the Alberta Research and 
Innovation Act and the powers, duties and functions of the Minister 
of Enterprise and Advanced Education in section 12(1) of the 
Alberta Research and Innovation Act are transferred to the common 
responsibility of the Minister of Innovation and Advanced Education 
and the Minister of Health.
(4)  The powers, duties and functions of the Minister in sections 
3(7), 7(2), 8(2), 9, 10(1), 12(3), 13, 14 and 15 of the Alberta 
Research and Innovation Regulation (AR 203/2009) are transferred 
to the common responsibility of the Minister of Innovation and 
Advanced Education and the Minister of Health.
(5)  The powers, duties and functions of the Minister in the 
Enterprise and Advanced Education Grants Regulation 
(AR 121/2008) are transferred to the common responsibility of the 
Minister of Innovation and Advanced Education and the Minister of 
Jobs, Skills, Training and Labour.
(6)  The responsibility for that part of the public service associated 
with the part of the appropriation transferred under subsection (7), is 
transferred to the Minister of Innovation and Advanced Education.
(7)  The responsibility for the administration of the unexpended 
balance of the 2013-14 Government appropriation for Enterprise and 
Advanced Education, except for the parts of the appropriation 
transferred to the responsibility of the Minister of Jobs, Skills, 
Training and Labour under section 12.1(4), is transferred to the 
Minister of Innovation and Advanced Education.

5   The following is added after section 12:
Jobs, Skills, Training and Labour
12.1(1)  The responsibility for the following enactments is 
transferred to the Minister of Jobs, Skills, Training and Labour:
	(a)	Agrology Profession Act;
	(b)	Architects Act;
	(c)	Blind Workers' Compensation Act;
	(d)	Burial of the Dead Act;
	(e)	Consulting Engineers of Alberta Act;
	(f)	Employment Standards Code;
	(g)	Engineering and Geoscience Professions Act;
	(h)	section 1 of Schedule 3 and Schedule 8 to the Government 
Organization Act; 
	(i)	Labour Relations Code;
	(j)	Land Agents Licensing Act;
	(k)	Land Surveyors Act;
	(l)	Managerial Exclusion Act;
	(m)	MLA Compensation Act;
	(n)	Occupational Health and Safety Act;
	(o)	Police Officers Collective Bargaining Act;
	(p)	Professional and Occupational Associations Registration 
Act;
	(q)	Public Service Employee Relations Act;
	(r)	Radiation Protection Act;
	(s)	Regulated Accounting Profession Act;
	(t)	Regulated Forestry Profession Act;
	(u)	Special Payment Act;
	(v)	Veterinary Profession Act;
	(w)	Workers' Compensation Act.
(2)  The Minister of Jobs, Skills, Training and Labour is designated 
as the Minister responsible for the Public Sector Services 
Continuation Act.
(3)  The responsibility for that part of the public service associated 
with the parts of the appropriations transferred under subsections (4) 
and (5), is transferred to the Minister of Jobs, Skills, Training and 
Labour.
(4)  The responsibility for the administration of the unexpended 
balance of the following parts of the 2013-14 Government 
appropriation for Enterprise and Advanced Education is transferred 
to the Minister of Jobs, Skills, Training and Labour:
	(a)	program 1, Ministry Support Services: the portion of 
elements 1.3, 1.4 and 1.5 related to supports directly 
provided to the program transferred by clause (b);
	(b)	program 7, Workforce Strategies.
(5)  The responsibility for the administration of the unexpended 
balance of the following parts of the 2013-14 Government 
appropriation for Human Services is transferred to the Minister of 
Jobs, Skills, Training and Labour:
	(a)	program 1, Ministry Support Services: the portion of 
elements 1.4 to 1.7 related to supports directly provided to 
the programs, elements and portions of elements transferred 
by clauses (b) to (e);
	(b)	program 2, Employment:
	(i)	the portion of element 2.11, Career Development 
Services, related to the Adult Learning Information 
System;
	(ii)	the portion of element 2.12, Basic Skills and Academic 
Upgrading, related to tuition-based support for labour 
market skills training;
	(iii)	element 2.14, Summer Temporary Employment and 
Other Employment Programs;
	(iv)	the portion of element 2.15, Training for Work, related 
to tuition-based support for labour market skills 
training;
	(v)	element 2.16, Settlement and Integration;
	(vi)	element 2.17, Workforce Partnerships;
	(vii)	element 2.18, Aboriginal Development Partnerships;
	(c)	program 14, Workplace Standards;
	(d)	program 15, Labour Relations Board;
	(e)	program 16, Appeals Commission for Alberta Workers' 
Compensation.

6   Section 18 is amended by adding the following after 
subsection (2.1):
(2.2)  The President of Treasury Board and Minister of Finance is 
designated as the Minister responsible for the Public Service Salary 
Restraint Act.



Alberta Regulation 228/2013
Persons with Developmental Disabilities Services Act
PERSONS WITH DEVELOPMENTAL DISABILITIES 
SERVICES REGULATION
Filed: December 13, 2013
For information only:   Made by the Minister of Human Services (M.O. 2013-046) on 
December 9, 2013 pursuant to section 23 of the Persons with Developmental 
Disabilities Services Act. 
Table of Contents
	1	Interpretation
	2	Exemption from mediation and appeal 
	3	Mediation
	4	Notice of appeal
	5	Appeals
	6	Appeal decision
	7	Repeal
	8	Expiry 
 
Schedule
Interpretation
1(1)  In this Regulation, "proper notice of appeal" means a notice of 
appeal that has been determined by the Minister under section 5(1) to 
have been properly completed and that the decision sought to be 
appealed can be appealed.
(2)  In this Regulation, a reference in a provision to the Minister 
includes a person designated by the Minister to act in the Minister's 
place.
Exemption from mediation and appeal
2   A decision to


	(a)	refuse to enter into a contract with a service provider,
	(b)	terminate a contract with a service provider, or
	(c)	amend a contract with a service provider
is exempt from mediation and appeal.
Mediation 
3(1)  Prior to appealing a decision of the director, an individual may 
request in writing that the matter be referred to a mediator.
(2)  On receipt of a request under subsection (1), the director shall 
appoint a mediator.
(3)  On being appointed, a mediator must contact the affected parties to 
arrange commencement of mediation as soon as is reasonably 
practicable.
(4)  Unless otherwise agreed to between the parties, the parties shall 
share equally the fees and expenses of the mediator.
(5)  If the mediator cannot effect an agreement within 30 days from the 
date of the appointment of the mediator or within any longer period of 
time agreed to by the parties, the mediator may
	(a)	recommend terms for settlement to the parties for them to 
accept or reject within a time fixed by the mediator, or
	(b)	notify the parties that no recommendation under clause (a) 
will be made and that the individual may, within 30 days of 
receiving the mediator's notice, appeal the decision of the 
director in accordance with section 4.
(6)  No action lies against a person who conducts a mediation in good 
faith under this section for any act done or omitted to be done with 
respect to the mediation.
Notice of appeal
4(1)  The form of a notice of appeal is set out in the Schedule.
(2)  A notice of appeal shall be addressed to the Minister.
Appeals
5(1)   On receipt of a notice of appeal, the Minister shall review it to 
determine if the notice of appeal has been properly completed and if 
the decision sought to be appealed can be appealed.
(2)  The Minister must establish a pool of persons from whom persons 
may be designated to hear appeals.
(3)  The Minister must, within 45 days after a proper notice of appeal 
has been received, or within 30 days after mediation has ended and a 
proper notice of appeal has been received
	(a)	set a date for hearing the appeal, and
	(b)	designate up to 3 persons from the pool referred to in 
subsection (2) to form an appeal panel to hear the appeal.
(4)  A hearing before an appeal panel may be held in private unless the 
appeal panel determines otherwise, taking into account the wishes of 
the applicant and the guardian or agent, if applicable.
Appeal decision
6(1)  Notice of the decision of the appeal panel, including reasons for 
the decision, shall be in writing and provided as soon as possible to the 
person who signed the notice of appeal and to the director.
(2)  A summary of the decision of the appeal panel may be published 
in a manner determined by the Minister, but in no case may the 
summary disclose the name of any appellant, including a guardian or 
agent, or other individual affected by the decision.
Repeal
7   The Persons with Developmental Disabilities Community 
Governance (Ministerial) Regulation (AR 181/2006) is repealed.
Expiry
8   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 March 31, 2018.
Schedule 
 
Notice of Appeal 
(section 15 of the Act)
1	My name is                               (name)	
	My address is                          (address)	
	My telephone number is            (telephone number)	
2	I am (check one):	     	a person who has been affected by a 
decision of the director.
			     	the guardian under the Adult 
Guardianship and Trusteeship Act 
of   (name of represented adult)  , 
who is a person who has been 
affected by a decision of the 
director.
			     	the agent under the Personal 
Directives Act of   (name of maker 
of personal directive)  , who is a 
person who has been affected by a 
decision of the director.
3	The decision I am appealing is 	
	(Set out date of decision and a summary of the decision being 
	appealed)
	I received the decision and the right to appeal on  
        (year/month/day)	

	My reasons for appealing the decision are:  	
		
4	I understand that before proceeding with a formal hearing of my 
appeal this matter can be referred to a dispute resolution process to 
attempt to resolve the matter.
	     	I agree to having my appeal referred to a dispute resolution 
process
	     	I do not agree to having my appeal referred to a dispute 
resolution process
     (year/month/day)     
(signature of person affected by the decision or guardian or agent, 
whichever is applicable)     


--------------------------------
Alberta Regulation 229/2013
Persons with Developmental Disabilities Services Act
PERSONS WITH DEVELOPMENTAL DISABILITIES SAFETY 
STANDARDS REGULATION
Filed: December 13, 2013
For information only:  Made by the Minister of Human Services (M.O. 2013-047) on 
December 9, 2013 pursuant to section 23 of the Persons with Developmental 
Disabilities Services Act. 
Table of Contents
	1	Definitions
	2	Application of Regulation
	3	Standards
	4	Expiry
	5	Repeal
	6	Coming into force 
 
Schedule
Definitions
1   In this Regulation,
	(a)	"Act" means the Persons with Developmental Disabilities 
Services Act;
	(b)	"required standards" means the standards set out in the 
Schedule;
	(c)	"residence" means a building or unit in a building that is 
intended for permanent residential living where a service 
provider provides or arranges for services in order to assist an 
adult with developmental disabilities to live as independently 
as possible, whether or not the service provider owns or 
leases the building or unit;  
 	(d)	"services" means services provided under the Act.
Application of Regulation
2(1)  Subject to this section, this Regulation applies where services are 
provided
	(a)	to an adult with developmental disabilities who has been 
determined by the director to have complex service needs, 
including an adult who has high risk behaviour or has 
significant medical needs, living alone in a residence, and in 
which staff is present overnight on a regularly scheduled 
basis to provide support to the adult with developmental 
disabilities, and
	(b)	to 2 or more unrelated adults with developmental disabilities 
living in a residence 
	(i)	that is not required to be licensed under the Supportive 
Living Accommodation Licensing Act, and
	(ii)	in which staff is present overnight on a regularly 
scheduled basis to provide support to the adults with 
developmental disabilities.
(2)  This Regulation does not apply to a service provider who provides 
family-managed services.
(3)  For the purpose of subsection (1)(b), a person is related to another 
person if the persons
	(a)	are siblings of one another whether related by blood, 
marriage or adoption, or by virtue of an adult interdependent 
relationship,  
	(b)	are spouses or adult interdependent partners of one another, 
or
	(c)	are in a parent-child relationship.
Standards
3(1)   Subject to subsection (2), the director shall not enter into a 
contract on or after April 1, 2014 with a service provider for the 
management or provision of services, unless the director is satisfied 
that the service provider complies with the required standards.
(2)  Where a service provider is, in the opinion of the director, unable 
to comply with a required standard due to a circumstance that is 
beyond the control of the service provider, the director may, with the 
approval of the Minister, enter into a contract with a service provider 
for the management or provision of services.
Expiry
4   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on March 31, 2018.
Repeal
5   The Persons with Developmental Disabilities Safety Standards 
Regulation (AR 219/2012) is repealed.
Coming into force
6   This Regulation comes into force on January 1, 2014.
Schedule 
Required Standards
Safety requirements
1   A service provider must ensure that the building that houses the 
residence, the residence itself and the building's grounds and common 
areas are in a safe condition.
Maintenance requirements
2(1)  A service provider must ensure that the building that houses the 
residence, the residence itself and any equipment and service provider 
owned furnishings are well maintained and in good working order.
(2)  A service provider must develop, maintain and implement a 
scheduled preventative maintenance and repair program to inspect the 
condition of the building that houses the residence, the residence itself 
and any equipment and service provider owned furnishings and ensure 
that repairs, service and, where applicable, replacements are provided 
as needed.
Environmental requirements
3   In a residence where adults with developmental disabilities are 
unable to adjust the temperature in their rooms and in the common 
areas of any residence, the service provider must ensure that heating, 
cooling and ventilation systems are operated at a level that maintains a 
temperature that supports the safety of all adults with developmental 
disabilities.
Medication assistance or medication reminders
4(1)  In this section,
	(a)	"medication assistance" means assistance with taking 
prescribed medication provided to an adult with 
developmental disabilities who has consented or whose legal 
guardian has consented to the assistance, but does not include 
the monitoring or coordination of the medical regime for the 
adult with developmental disabilities;
	(b)	"medication reminder" means a reminder given to an adult 
with developmental disabilities to take prescribed 
medication, but does not include medication assistance.
(2)  Where a service provider provides medication assistance or 
medication reminders to adults with developmental disabilities, the 
service provider must develop and maintain written processes that
	(a)	support and promote the safe self-administration of 
medication for adults with developmental disabilities,
	(b)	ensure secure storage of medications,
	(c)	specify the training or education required for employees 
involved in providing medication reminders or medication 
assistance to adults with developmental disabilities, and
	(d)	address procedures for dealing with errors in the provision of 
medication reminders or medication assistance.
Water temperature
5(1)  A service provider must ensure that the temperature of flowing 
water provided for personal use in areas used by the adults with 
developmental disabilities does not exceed the maximum safe level 
established in the Alberta Building Code.
(2)  A service provider must ensure that safe water temperatures for the 
personal use of adults with developmental disabilities are maintained 
through
	(a)	the training and education of employees and adults with 
developmental disabilities,
	(b)	the proper maintenance and monitoring of equipment, and
	(c)	appropriate risk mitigation procedures.
(3)  A service provider must ensure that all persons involved with 
maintaining the water system are sufficiently knowledgeable in the 
function and proper operation of the water gauges, water mixing valves 
and therapeutic tub controls, if any, to maintain safe water 
temperatures.
(4)  Where a residence has one or more therapeutic tubs, the service 
provider must ensure that a sufficiently knowledgeable person tests the 
temperature of the hot water flowing into each therapeutic tub each day 
prior to the first bath of the day and documents the temperature in a log 
book or on a log sheet kept in the tub room for that purpose.
Concerns and complaints
6   A service provider must develop and maintain a written process for 
the resolution of concerns and complaints about the residence that 
relate to the required standards.
Safety and security of adults with developmental disabilities
7   A service provider must ensure that there are written processes that 
promote the safety and security of an adult with developmental 
disabilities living in a residence.
Compliance with various codes and bylaws
8   Effective April 1, 2015, a service provider must ensure
	(a)	that the residence has been inspected by an executive officer 
under the Public Health Act,
	(b)	that there is a confirmation of compliance with the Safety 
Codes Act with respect to  a new or renovated residence or 
where there has been a change in the use or intended use of 
the residence, 
	(c)	that, with respect to a residence which is housed in a pre-
existing building, there is a confirmation of a fire safety 
inspection of the building, and
	(d)	that zoning approval, if required, for the building that houses 
the residence and the residence itself has been granted.


--------------------------------
Alberta Regulation 230/2013
Persons with Developmental Disabilities Services Act
DEVELOPMENTAL DISABILITIES REGULATION
Filed: December 13, 2013
For information only:  Made by the Minister of Human Services (M.O. 2013-045) on 
December 9, 2013 pursuant to section 23 of the Persons with Developmental 
Disabilities Services Act. 
Table of Contents
	1	Definitions
	2	Developmental disability
	3	Intellectual capacity
	4	Adaptive skills
	5	Expiry
	6	Coming into force
Definitions
1   In this Regulation, "Act" means the Persons with Developmental 
Disabilities Services Act.
Developmental disability
2   This Regulation describes a significant limitation in intellectual 
capacity and a significant limitation in adaptive skills for the purpose 
of section 1(1)(c)(ii) of the Act.
Intellectual capacity
3(1)  In the case of a service applied for on or after August 1, 2009, a 
significant limitation in intellectual capacity is an intellectual capacity 
that
	(a)	on a full-scale score is 2 standard deviations or more below 
the mean for a standardized intellectual assessment, or
	(b)	is so diminished the individual is unable to complete a 
standardized intellectual assessment
as determined in accordance with the Developmental Disabilities 
Guidelines published by the Minister as amended from time to time.
(2)  In the case of a service applied for prior to August 1, 2009, a 
significant limitation in intellectual capacity is a below average 
intellectual functioning compared to a peer without a disability that 
significantly affects the ability to learn and perform daily living skills.
Adaptive skills
4(1)  In the case of a service applied for on or after August 1, 2009, a 
significant limitation in adaptive skills is the inability to perform 6 or 
more adaptive skills
	(a)	without the assistance of another person, and
	(b)	at a level comparable to a peer without a disability
as determined in accordance with the Developmental Disabilities 
Guidelines published by the Minister as amended from time to time.
(2)  In the case of a service applied for prior to August 1, 2009, a 
significant limitation in adaptive skills is a significant limitation in at 
least 2 of the following adaptive skill areas: 
	(a)	communication; 
	(b)	home living; 
	(c)	community use;
	(d)	health and safety;
	(e)	leisure;
	(f)	self-care; 
	(g)	social skills; 
	(h)	self-direction; 
	(i)	functional academics; 
	(j)	work.
Expiry
5   For the purpose of ensuring that this Regulation is reviewed for 
ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on March 31, 2018.
Coming into force
6   This Regulation comes into force on January 1, 2014.