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Alberta Regulation 242/2017
Marketing of Agricultural Products Act
ALBERTA BEEF PRODUCERS COMMISSION 
AMENDMENT REGULATION
Filed: December 4, 2017
For information only:   Made by the Alberta Beef Producers on August 4, 2017 and 
approved by the Agricultural Products Marketing Council on September 14, 2017 
pursuant to section 26 of the Marketing of Agricultural Products Act. 
1   The Alberta Beef Producers Commission Regulation 
(AR 204/98) is amended by this Regulation.

2   Section 2.01(1) and (2) are amended by striking out 
"$1.00" and substituting "$2.50".

3   This Regulation comes into force on April 1, 2018.


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Alberta Regulation 243/2017
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION RULES AMENDMENT REGULATION
Filed: December 4, 2017
For information only:   Made by the Alberta Energy Regulator on September 27, 2017 
pursuant to section 10(1)(nn) of the Oil and Gas Conservation Act. 
1   The Oil and Gas Conservation Rules (AR 151/71) are 
amended by this Regulation.

2   Section 1.020 is amended by adding the following after 
clause 5.2:
		5.201.   "Directive 067" means Directive 67: Eligibility 
Requirements for Acquiring and Holding Energy Licences 
and Approvals;

3   The following is added after section 1.200:
Part 1.3 
Eligibility to Hold Licences  
or Approvals
Eligibility to hold a licence
1.300(1)  An applicant must meet the licence eligibility 
requirements set out Directive 067 in order to be eligible to hold a 
licence or approval issued under the Act.
(2)  If an applicant meets the licence or approval eligibility 
requirements of Directive 067 to the satisfaction of the Regulator, 
the Regulator may grant licence or approval eligibility subject to any 
restrictions, terms or conditions the Regulator considers appropriate.
(3)  If an applicant does not meet the licence or approval eligibility 
requirements of Directive 067 to the satisfaction of the Regulator, 
the Regulator may refuse to grant licence or approval eligibility.
(4)  The Regulator may revoke or restrict the licence or approval 
eligibility of an applicant if the applicant fails to acquire licences or 
approvals under the Act within a year of the day of the licence or 
approval eligibility being granted by the Regulator. 
(5)  A licensee or approval holder must continue to meet the licence 
or approval eligibility requirements of Directive 067.
(6)  The Regulator may restrict a licensee's or approval holder's 
eligibility to hold a licence or approval if a licensee or approval 
holder does not meet the licence eligibility requirements of Directive 
067.

4   Section 18.015 is amended by striking out "February 28, 
2018" and substituting "February 28, 2023".


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Alberta Regulation 244/2017
Pipeline Act
PIPELINE RULES AMENDMENT REGULATION
Filed: December 4, 2017
For information only:   Made by the Alberta Energy Regulator on September 27, 2017 
pursuant to section 3(1)(v) of the Pipeline Act. 
1   The Pipeline Rules (AR 91/2005) are amended by this 
Regulation.
2   Section 1(1) is amended by adding the following after 
clause (h):
	(h.1)	"Directive 067" means Directive 67: Eligibility 
Requirements for Acquiring and Holding Energy Licences 
and Approvals;

3   The following is added after section 2:
Eligibility to hold a licence
2.1(1)  An applicant must meet the licence eligibility requirements 
set out Directive 067 in order to be eligible to hold a licence under 
the Act.
(2)  If an applicant meets the licence eligibility requirements of 
Directive 067 to the satisfaction of the Regulator, the Regulator may 
grant licence eligibility subject to any restrictions, terms or 
conditions the Regulator considers appropriate.
(3)  If an applicant does not meet the licence eligibility requirements 
of Directive 067 to the satisfaction of the Regulator, the Regulator 
may refuse to grant licence eligibility.
(4)  The Regulator may revoke or restrict the licence eligibility of an 
applicant if the applicant fails to acquire licences under the Act 
within a year of the day of the licence eligibility being granted by the 
Regulator. 
(5)  A licensee must continue to meet the licence eligibility 
requirements of Directive 067.
(6)  The Regulator may restrict a licensee's eligibility to hold a 
licence if a licensee does not meet the licence eligibility 
requirements of Directive 067.


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Alberta Regulation 245/2017
Administrative Procedures and Jurisdiction Act
DESIGNATION OF CONSTITUTIONAL DECISION MAKERS 
AMENDMENT REGULATION
Filed: December 5, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 427/2017) 
on December 5, 2017 pursuant to section 16 of the Administrative Procedures and 
Jurisdiction Act. 
1   The Designation of Constitutional Decision Makers 
Regulation (AR 69/2006) is amended by this Regulation.

2   Section 1(b) is amended by renumbering subclause (i) as 
subclause (i.1) and by adding the following before 
subclause (i.1):
	(i)	an arbitrator or arbitration board referred to in Part 2, 
Division 14.1 of the Labour Relations Code;

3   Section 4 is repealed.


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Alberta Regulation 246/2017
Employment Standards Code
EMPLOYMENT STANDARDS AMENDMENT REGULATION
Filed: December 6, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 441/2017) 
on December 5, 2017 pursuant to section 138 of the Employment Standards Code. 
1   The Employment Standards Regulation (AR 14/97) is 
amended by this Regulation.

2   Section 1.1 is amended by striking out "2(3)(i)" and 
substituting "2.1(4)(b)".

3   Section 2 is amended
	(a)	in subsection (1)(b) by repealing subclauses (viii) 
and (ix) and substituting the following:
	(viii)	a person who is employed by a dealer or adviser as 
defined in the Securities Act as a representative for the 
purposes of making trades in securities or derivatives 
for the benefit of that dealer or adviser,
	(ix)	an individual holding an insurance agent's certificate of 
authority under section 454 or 470 of the Insurance Act 
who is compensated for activities performed under that 
certificate entirely by way of commission income,
	(b)	in subsection (2) by repealing clauses (b), (e), (j), (k) 
and (m) and substituting the following:
	(b)	a member or candidate within the meaning of the 
Chartered Professional Accountants Act, 
	(e)	a person who is registered as a regulated member of, 
and has a practice permit issued by, the registrar of the 
Alberta College and Association of Chiropractors, or a 
professional corporation that is registered on the record 
of professional corporations of that College and has an 
annual permit, under the Health Professions Act,
	(j)	a person who is registered as a regulated member of, 
and has a practice permit issued by, the registrar of the 
College of Podiatric Physicians of Alberta, under the 
Health Professions Act,
	(k)	a person who is registered as a regulated member of, 
and has a practice permit issued by, the registrar of the 
College of Alberta Psychologists, under the Health 
Professions Act,
	(m)	a member within the meaning of the Agrology 
Profession Act or a person registered with the Alberta 
Institute of Agrologists as an agrologist in training,  

4   Section 3(g) and (h) are repealed and the following is 
substituted:
	(g)	a person who is employed by a dealer or adviser as defined in 
the Securities Act as a representative for the purposes of 
making trades in securities or derivatives for the benefit of 
that dealer or adviser,
	(h)	an individual holding an insurance agent's certificate of 
authority under section 454 or 470 of the Insurance Act who 
is compensated for activities performed under that certificate 
entirely by way of commission income,

5   Section 4(c) and (d) are repealed and the following is 
substituted:
	(c)	a person who is employed by a dealer or adviser as defined in 
the Securities Act as a representative for the purposes of 
making trades in securities or derivatives for the benefit of 
that dealer or adviser,
	(d)	an individual holding an insurance agent's certificate of 
authority under section 454 or 470 of the Insurance Act who 
is compensated for activities performed under that certificate 
entirely by way of commission income,

6  Section 5.1 is amended by striking out "Section 63(1)" and 
substituting "Section 63".

7   Section 8 is amended
	(a)	by repealing clauses (d) and (e) and substituting 
the following:
	(d)	a person who is employed by a dealer or adviser as 
defined in the Securities Act as a representative for the 
purposes of making trades in securities or derivatives 
for the benefit of that dealer or adviser,
	(e)	an individual holding an insurance agent's certificate of 
authority under section 454 or 470 of the Insurance Act 
who is compensated for activities performed under that 
certificate entirely by way of commission income,
	(b)	by repealing clause (g)(iii) and substituting the 
following:
	(iii)	in a work experience program approved by the Minister 
of Advanced Education,

8   Section 11(3)(c) is repealed and the following is 
substituted:
	(c)	an individual 13, 14 or 15 years of age employed when the 
individual is required to attend school,

9   The following is added after section 11:
Faulty work
11.1   For the purpose of section 12(3)(a) of the Act, "faulty work" 
includes any act or omission of an employee that results in a loss to 
the employee's employer.

10   Sections 13 and 13.1 are repealed and the following is 
substituted:
Unauthorized deductions
13   No employer may make a deduction from or receive payment 
out of earnings for the furnishing, use, repair or laundering of any 
uniforms or special articles of wearing apparel that the employer 
requires the employee to wear during the employee's hours of work.

11   The following is added before the heading to Part 3:
Part 2.1 
Hours of Work  
Averaging Agreements
Definitions
13.2   In this Part, 
	(a)	"averaging agreement" means an hours of work averaging 
agreement under section 23.1 of the Act;
	(b)	"averaging period" means the number of weeks over which 
hours of work will be averaged;
	(c)	"flexible averaging agreement" means an averaging 
agreement entered into under section 13.4(1);
	(d)	"flexible time" means time worked that exceeds the 
scheduled hours in a day and is not overtime under section 
13.41.
Division 1 
Hours of Work 
Averaging Agreements
Threshold
13.3   An employee is entitled to overtime under an averaging 
agreement if the employee's hours of work
	(a)	exceed
	(i)	8 hours on a work day, if the hours scheduled for that 
day are less than 8 hours, or 
	(ii)	the daily scheduled hours, if 8 or more hours are 
scheduled, 
		or
	(b)	exceed 
	(i)	44 hours in a week, or 
	(ii)	an average of 44 hours in a week, if the averaging 
period exceeds one week in a multi-week averaging 
period.
Requirement to pay
13.31(1)  An employee who has worked overtime is entitled to be 
paid the greater of
	(a)	the total of the employee's overtime hours calculated in 
accordance with section 13.3(a) for the averaging period, and
	(b)	overtime hours calculated in accordance with section 13.3(b). 
(2)  Overtime is payable in accordance with section 8(1) of the Act but 
if the calculation in subsection (1)(b) exceeds the amounts already paid 
under subsection (1)(a), the difference in overtime is payable 10 
consecutive days after the end of the pay period in which the averaging 
period ends.
Work schedules
13.32(1)  An averaging agreement between an individual employee 
and an employer must specify the employee's work schedule for the 
averaging period.  
(2)  An averaging agreement affecting a group of employees must 
specify the work schedule for the employees bound by the agreement.
(3)  An averaging agreement referred to in subsection (2) must not 
specify more than one work schedule.  
(4)  A work schedule must identify all work days and the number of 
hours to be worked on each of those work days.
Change in schedule
13.33(1)  An employer may from time to time make a temporary 
change to an employee's work schedule that was not requested by the 
employee, if the change is made with at least 2 weeks' notice to the 
employee before the change is to take effect.
(2)  If an employer makes a change under subsection (1) but does not 
provide the required notice, any hours that exceed 8 hours in a work 
day that were not set out in the current work schedule are overtime 
hours for which overtime is payable.
(3)  Subsection (1) does not apply if the employer's change to the 
employee's work schedule is made because 
	(a)	an accident has occurred, 
	(b)	urgent work is necessary, or 
	(c)	of other unforeseen or unpreventable circumstances.
Missed shifts
13.34   If within the same averaging period an employee makes up a 
shift on an unscheduled work day because of having been absent on a 
scheduled work day, the employee is entitled to be paid the employee's 
regular wage rate and any applicable overtime pay in accordance with 
the originally scheduled shift. 
Termination or no longer bound
13.35   Where, before the end of an averaging period, an employee's 
employment terminates or an employee is no longer bound by the 
agreement before the end of an averaging period, the employee's 
overtime hours for that averaging period are to be calculated as if the 
employee had worked the remainder of the scheduled shifts in the 
averaging period.
Cancellation
13.36(1)  Either party to an averaging agreement may cancel the 
agreement with 30 days' notice given to the other party.
(2)  A group of employees may cancel an averaging agreement only if 
a majority of the employees to which the agreement applies consent.
(3)  The cancellation of the averaging agreement takes effect at the end 
of the averaging period in which the 30 days' notice ends.
(4)  The parties to an averaging agreement may, at any time, 
renegotiate the agreement, including to cancel the agreement.
(5)  Where a collective agreement provides otherwise, the cancellation 
of the averaging agreement must be in accordance with the collective 
agreement.
Copies of agreements
13.37(1)  The employer shall, as soon as possible after entering into 
an averaging agreement, or an amendment to the agreement, affecting 
a group of employees but before the commencement of the agreement 
or the amendment takes effect, post the agreement 
	(a)	on the employer's website, if the employer has a website, and
	(b)		in one or more conspicuous places in the workplace where 
the agreement can be viewed by the employees affected by 
the agreement. 
(2)  In addition to subsection (1), the employer shall, 
	(a)	as soon as possible after entering into an averaging 
agreement but before the commencement of the agreement, 
or
	(b)	when an averaging agreement is amended, as soon as 
possible after the amendment is entered into but before the 
amendment takes effect,
provide a copy of the agreement, whether the agreement was with a 
group of employees or an individual employee, to each employee who 
is a party to the agreement.
(3)  Where, during the term of an averaging agreement, a new 
employee becomes bound by the agreement, the employer shall, as 
soon as possible after the employee becomes bound by the agreement, 
provide a copy of the agreement to the employee.
(4)  Where a collective agreement provides otherwise, the cancellation 
of the averaging agreement must be in accordance with the collective 
agreement.
Division 2 
Flexible Averaging Agreements
Flexible averaging agreements 
13.4(1)  At the request of an employee who regularly works at least 35 
hours per week, and where, if applicable, authorized by a collective 
agreement, an employer and an employee may enter into a flexible 
averaging agreement that specifies a daily overtime threshold, which 
may exceed the employee's scheduled hours of work.
(2)  An agreement under subsection (1) must specify
	(a)	a daily overtime threshold not exceeding 10 hours, and
	(b)	an averaging period not exceeding 2 weeks.
Threshold
13.41   An employee is entitled to overtime under a flexible averaging 
agreement if the employee's hours of work 
	(a)	exceed the daily overtime threshold referred to in section 
13.4(2)(a), or
	(b)	exceed 
	(i)	44 hours in a week, or 
	(ii)	an average of 44 hours in a week, if the averaging 
period is 2 weeks.
Work schedules
13.42(1)  A flexible averaging agreement must specify the 
employee's work schedule for the averaging period.  
(2)  A work schedule must identify all work days and the number of 
hours to be worked on each of those work days.
Flexible time
13.43(1)  Where an employee works flexible time, the employer must 
provide the employee with time off with pay at the regular wage rate. 
(2)  Time off under subsection (1) must be taken before the end of the 
next averaging period. 
(3)  If time off with pay is not provided in accordance with subsection 
(1) or (2), the employer must pay the flexible time owed at the 
employee's regular wage rate.
Requirement to pay overtime
13.44(1)  An employee who has worked overtime is entitled to be 
paid the greater of
	(a)	the total of an employee's overtime hours calculated in 
accordance with 13.41(a) for the averaging period, and
	(b)	overtime hours calculated in accordance with 13.41(b).
(2)  Overtime is payable in accordance with section 8(1) of the Act but 
if the calculation in subsection (1)(b) exceeds the amounts already paid 
under subsection (1)(a), the difference in overtime is payable 10 
consecutive days after the end of the pay period in which the averaging 
period ends.
Time off with pay instead of overtime pay
13.45(1)  The parties to a flexible averaging agreement may also 
agree that wholly or partly instead of overtime pay, the employer will 
provide and the employee will take time off with pay.
(2)  An agreement under subsection (1) is deemed to include at least 
the following provisions: 
	(a)	instead of overtime pay, time off, calculated at 1.5 hours off 
for each overtime hour, with pay, will be provided, taken and 
paid at the employee's wage rate at a time that the employee 
could have worked and received wages from the employer;
	(b)	if time off with pay instead of overtime pay is not provided, 
taken and paid in accordance with clause (a), the employee 
will be paid overtime pay at an overtime rate of at least 1.5 
times the employee's wage rate for the overtime hours 
worked;
	(c)	instead of overtime pay, time off with pay will be provided, 
taken and paid to the employee within 6 months of the end of 
the pay period in which it was earned unless the agreement is 
part of a collective agreement and the collective agreement 
provides for a longer period within which the time off with 
pay is to be provided and taken.
Termination of employment or employee 
no longer bound 
13.46   Where, before the end of an averaging period, an employee's 
employment terminates or an employee is no longer bound by the 
flexible averaging agreement, the employee's overtime hours for that 
averaging period are to be calculated as if the employee had worked 
the remainder of the scheduled shifts in the averaging period.
Cancellation
13.47(1)  Either party to a flexible averaging agreement may cancel 
the agreement with 30 days' notice given to the other party.
(2)  The cancellation of the flexible averaging agreement takes effect at 
the end of the averaging period in which the 30 days' notice ends.
(3)  The parties to a flexible averaging agreement may at any time, 
renegotiate the agreement, including to cancel the agreement. 
(4)  Where a collective agreement provides otherwise, the cancellation 
of the flexible averaging agreement must be in accordance with the 
collective agreement.  
Copy of agreement
13.48   Subject to a collective agreement, an employer shall, 
	(a)	 as soon as possible after entering into a flexible averaging 
agreement but before the commencement of the agreement, 
and
	(b)	 when a flexible averaging agreement is amended, as soon as 
possible after the amendment is entered into but before the 
amendment takes effect,
provide a copy of the flexible averaging agreement to the employee 
who is a party to the agreement.

12   Section 43(1)(a) and (2) are amended by striking out 
"(AR 290/89)" and substituting "(AR 317/2002)".

13   Section 43.72 is repealed and the following is 
substituted:
Substitution for Act provisions
43.72(1)  For persons to whom this Division applies, this Division 
applies in substitution for sections 16, 17, 20 and 21 of the Act.
(2)  Persons to whom this Division applies are exempted from the 
application of section 23.1 of the Act.

14   The following is added after Division 10:
Division 11 
Farming and 
Ranching Operations
Application of Division
43.8   This Division applies to employees and employers to which 
section 2.1(1) of the Act applies.
Substitution for Act provisions
43.81   For persons to whom this Division applies, this Division 
applies in substitution for sections 19, 28 and 29 of the Act.
Days of rest
43.82   Every employer must allow each employee at least 4 days of 
rest in each period of 28 consecutive work days.
General holiday pay - not working 
on the general holiday
43.83   If an employee does not work on a general holiday, the 
employer shall pay the employee general holiday pay of an amount 
that is at least 4.2% of the employee's wages, vacation pay and general 
holiday pay earned in the 4 weeks immediately preceding a general 
holiday.
General holiday pay - working
43.84   If an employee works on a general holiday, the employer shall 
pay the employee an amount that is at least the employee's wage rate 
multiplied by the number of hours worked that day, and 
	(a)	provide the employee with one day's holiday on a day that 
would normally be a work day for the employee, to be taken 
within 30 days of the general holiday or at a later time agreed 
to, in writing, by the employer and employee, and pay the 
employee general holiday pay in an amount that is at least 
4.2% of the employee's wages, vacation pay and general 
holiday pay earned in the 4 weeks immediately preceding the 
general holiday on which the employee worked, or
	(b)	provide the employee with general holiday pay of an amount 
that is at least 4.2% of the employee's wages, vacation pay 
and general holiday pay earned in the 4 weeks immediately 
preceding the general holiday on which the employee 
worked.
15   The following is added after Part 3:
Part 3.1 
Variances and Exemptions
Application for variance or exemption
43.85(1)  An application for a variance or exemption under section 74 
of the Act must contain the content and be in the form required by the 
Director.
(2)  An application for an order to vary or exempt under section 74.1 of 
the Act must contain the content and be in the form required by the 
Minister.
Variances under section 74 of the Act
43.86(1)  The Director may issue a variance or exemption with 
respect to any of the following:
	(a)	section 16(1) of the Act by extending the maximum hours of 
work from 12 consecutive hours to no more than 16 
consecutive hours;
	(b)	section 19(2) of the Act by extending the maximum period of 
24 consecutive work days to a number of days the Director 
considers appropriate in the particular circumstances;
	(c)	section 23.1 of the Act by extending the averaging period to 
no longer than 26 weeks; 
	(d)	section 11(1) of this Regulation by reducing the minimum 
hours of pay to not less than 30 minutes but not more than 
2.5 hours.
(2)  Where the Director issues a variance referred to in subsection 
(1)(a), the Director may also extend the maximum scheduled daily 
hours of work from 12 hours per day to no more than 16 hours per day 
under section 23.1(3)(d)(i) of the Act.
(3)  Before issuing a variance, the Director shall consider the 
following:
	(a)	the applicant's compliance history relating to employment 
standards legislation and occupational health and safety 
legislation;
	(b)	the rationale for the request;
	(c)	whether there is support for the proposed variation or 
exemption by
	(i)	bargaining agents, if any, representing employees to 
which the application relates, and 
	(ii)	where employees are not represented by a bargaining 
agent, the employees to which the application relates;
	(d)	any effect the variance could have on the safety, health or 
welfare of the public or the employees to which the 
application relates.
(4)  If a variance or exemption is issued under this section, it may only 
be to the extent necessary to avoid serious interference with the 
ordinary working of the employer's business, undertaking or other 
activity.
Notice to employees and employers of 
orders under section 74.1 of the Act
43.87(1)  Before making an order to vary or exempt the application of 
one or more provisions of the Act or this Regulation under section 74.1 
of the Act, the Minister shall consider the following:
	(a)	the applicant's employment standards and occupational 
health and safety compliance history;
	(b)	the rationale for the request;
	(c)	whether there is support for the proposed variation or 
exemption by
	(i)	bargaining agents, if any, representing employees to 
which the application relates, and
	(ii)	where employees are not represented by a bargaining 
agent, the employees to which the application relates.
(2)  The Minister shall determine, on a case by case basis, how affected 
employers and employees, and the bargaining agents if applicable, are 
to be notified of the Minister's order to vary or exempt the application 
of one or more provisions of the Act or the regulations or to amend or 
revoke an order to vary or exempt.

16   Part 5 is repealed and the following is substituted:
Part 5 
Employment of Individuals 
Under 18 Years of Age
Artistic endeavours
51   For the purposes of section 65 of the Act, "artistic endeavour" 
means work in
	(a)	recorded entertainment, such as film, radio, video or 
television, including television and radio commercials, 
	(b)	voice recording for video and computer gaming, and
	(c)	live performances, including theatre and musical 
performances.
13 and 14 year olds
52(1)  This section applies in respect of individuals who are 13 and 14 
years of age.
(2)  No employer may employ an individual
	(a)	for longer than 2 hours outside of normal school hours on a 
day during which the individual is required to attend school, 
or
	(b)	for longer than 8 hours on a day during which the individual 
is not required to attend school.
(3)  During the period of time from 9:00 p.m. to the following 6:00 
a.m., no employer may employ an individual and no individual may 
work in any employment.
15, 16 and 17 year olds
53(1)  During the period of time from 9:00 p.m. to 12:01 a.m., no 
employer may employ an individual who is 15, 16 or 17 years of age 
and no such individual may work in any employment on or in 
connection with any of the following premises unless the individual 
works with and is in the continuous presence of at least one other 
individual who is at least 18 years old:
	(a)	the premises of any retail business selling
	(i)	food or beverages, whether alcoholic or not, or
	(ii)	any other commodities, goods, wares or merchandise;
	(b)	the premises of a retail business in which gasoline, diesel 
fuel, propane or any other product of petroleum or natural 
gas is sold;
	(c)	a hotel, motel or other place that provides overnight 
accommodation to the public.
(2)  During the period of time from 12:01 a.m. to 6:00 a.m., no 
employer may employ an individual who is 16 or 17 years of age and 
no such individual may work in any employment on or in connection 
with any of the premises specified in subsection (1).
(3)  With respect to the employment of an individual who is 16 or 17 
on premises not specified in section 53(2) during the period of time 
from 12:01 a.m. to 6:00 a.m., no employer may employ an individual 
and no individual may work in any employment unless
	(a)	a parent or guardian of the individual gives the prospective 
employer written consent to the employment, and
	(b)	during the employment the individual works with and is in 
the continuous presence of at least one individual who is at 
least 18 years old.
(4)  During the period of time from 12:01 a.m. to 6:00 a.m., no 
employer may employ an individual who is 15 years of age in any 
employment and no such individual may work in any employment.
(5)  Section 65.3(2) of the Act does not apply to a work experience 
program approved by the Minister of Advanced Education or the 
Minister of Education.
Consultation on light work
54(1)  For the purpose of establishing a list of the types of 
employment that are light work for the purpose of Part 2, Division 9 of 
the Act, the Director shall, in the manner determined by the Director, 
consult with any individuals or organizations that the Director 
considers may have an interest in or be affected by the types of 
employment to be considered light work, including employers, 
individuals under 18 years of age, parents, government departments, 
unions and labour advocacy organizations.
(2)  The Director shall determine 
	(a)	the frequency of future consultations which must be no less 
than every 3 years, and  
	(b)	the manner in which the consultation is to occur.
Permit conditions
54.01  A permit issued under this Part with respect to an individual 
who is 12 years old or younger must include a condition that the 
employer must pay the individual for a minimum number of hours of 
work determined by the Director. 
Other conditions
54.02(1)  The Director is authorized to impose conditions on the 
employment of an individual who is under 18 years of age whenever 
the Director considers it necessary to do so.
(2)  The employer of an individual referred to in subsection (1) who is 
subject to the conditions shall comply with them.
17   The heading to Part 5.1 is repealed and the following is 
substituted:
Part 5.1 
Job-protected Leaves

18   Section 54.1 is amended
	(a)	by repealing subsection (1) and substituting the 
following:
Classes of persons included in the definition 
of family member
54.1(1)  In this section,
	(a)	"adult interdependent partner" does not include a spouse 
or common-law partner;
	(b)	"common-law partner" means a common-law partner as 
defined in section 53.9(1)(a) of the Act;
	(c)	"partner" means a spouse, a common-law partner or an 
adult interdependent partner.
	(b)	in subsection (2) by striking out "53.9(b)(iv)" and 
substituting "53.9(1)(b)(iv);
	(c)	by adding the following after subsection (2):
(3)  For the purpose of personal and family responsibility leave, 
"family member", in relation to an employee, means 
	(a)	a spouse or common-law partner of the employee, 
	(b)	a child of the employee or a child of the employee's 
spouse or common-law partner, 
	(c)	a parent of the employee, 
	(d)	a child of the employee's parent,
	(e)	a grandparent of the employee, 
	(f)	a grandchild of the employee, 
	(g)	a current or former foster parent of the employee, 
	(h)	a current or former foster child of the employee,
	(i)	a current or former ward of the employee,
	(j)	a current or former guardian of the employee,
	(k)	the adult interdependent partner of the employee,
	(l)	a child of the employee's adult interdependent partner, 
and
	(m)	any other person living with the employee as a member 
of the employee's family.
(4)  For the purpose of bereavement leave, "family member"  
means a family member for the purpose of compassionate care 
leave.

19   The following is added after section 54.1:
Medical certificates
54.2(1)  For the purpose of "medical certificate" as defined in 
section 1(1)(p) of the Act, a nurse practitioner is authorized for the 
purpose of that definition, and the authorization applies with respect 
to the signing of any medical certificate referred to in the Act.
(2)  In this section, "nurse practitioner", means a regulated member 
of the College and Association of Registered Nurses of Alberta 
under the Health Professions Act authorized to use the title "nurse 
practitioner" who holds a practice permit issued under that Act and 
who is not under suspension, or an individual who has a similar 
status under similar legislation in a jurisdiction outside Alberta.
Changes to leaves resulting from EI amendments
54.3   Pursuant to section 138(1)(a.6) of the Act, 
	(a)	the following is substituted for section 46(1) of the Act:
46(1)  The maternity leave to which a pregnant employee is 
entitled is a period of not more than 16 weeks starting at any 
time during the 13 weeks immediately before the estimated 
date of delivery.
	(b)	the following is substituted for section 50(1) of the Act:
50(1)  Subject to subsection (2), an employer must grant 
parental leave to an employee as follows:
	(a)	in the case of an employee entitled to maternity leave 
under this Division, other than an employee described in 
section 46(1.1), a period of not more than 62 
consecutive weeks immediately following the last day 
of maternity leave;
	(b)	in the case of a parent who has been employed by the 
same employer for at least 90 days, a period of not more 
than 62 consecutive weeks within 78 weeks after the 
child's birth;
	(c)	in the case of an adoptive parent who has been 
employed by the same employer for at least 90 days, a 
period of not more than 62 consecutive weeks within 78 
weeks after the child is placed with the adoptive parent 
for the purpose of adoption.
	(c)	the critical illness of child leave in Part 2, Division 7.4 of the 
Act is substituted by the critical illness leave set out in 
Schedule 3.

20   The following is added after section 55:
Part 6.1 
Administrative Penalties
Notice of administrative penalty
55.1   A notice of administrative penalty must contain the following 
information:
	(a)	the name of the employer that is required to pay the 
administrative penalty;
	(b)	the identification of
	(i)	the provision of the Act or regulations that was 
contravened, or
	(ii)	the provision of an authorizing or enforcement 
instrument that was contravened,
		whichever is applicable;
	(c)	a brief description of the nature of the contravention or 
failure to comply identified under clause (b);
	(d)	the amount of the administrative penalty, determined in 
accordance with Schedule 2, including whether the 
administrative penalty is a daily amount or a one-time 
amount to address an economic benefit;
	(e)	the date the notice of administrative penalty is issued;
	(f)	the date by which the administrative penalty must be paid;
`	(g)		a statement describing the right to appeal to the appeal body 
under section 123.1(7) of the Act and particulars of how the 
appeal is to be made and the time within which it must be 
made.
Time for payment
55.2(1)  Subject to any stay that is in effect under section 123.1(8) of 
the Act, an employer that is required to pay an administrative penalty 
shall pay the amount of the administrative penalty on or before the date 
specified in the notice of administrative penalty.
(2)  Unless the notice of administrative penalty specifies a later date, 
the payment must be made within 21 days of the notice being served.

21   Section 60(2) is amended
	(a)	by adding "or 92.1" after "section 92";
	(b)	by striking out "revokes, amends or varies" and 
substituting "revokes or amends".

22   Section 61 is amended
	(a)	by renumbering it as section 61(1);
	(b)	by striking out "umpire" wherever it occurs and 
substituting "appeal body";
	(c)	in clause (b) by striking out "umpire's" and 
substituting "appeal body's";
	(d)	by adding the following after subsection (1):
(2)  The fee for an appeal of an administrative penalty is 10% of 
the administrative penalty that was imposed or $100, whichever 
is greater, but the fee must
	(a)	be refunded to the employer if the notice of 
administrative penalty is revoked,
	(b)	be reduced proportionately and the amount of the 
reduction refunded if the amount payable under the 
notice of administrative penalty is reduced by the appeal 
body, or
	(c)	be increased proportionately and the amount of the 
increase be paid by the employer to the Crown if the 
amount payable under the notice of administrative 
penalty is increased by the appeal body. 

23   Section 62 is amended
	(a)	in subsection (1) 
	(i)	by striking out "umpire who" and substituting 
"appeal body that";
	(ii)	by striking out "the umpire" and substituting "the 
appeal body";
	(b)	in subsection (3)
	(i)	by striking out "umpire's" and substituting 
"appeal body's";
	(ii)	by striking out "umpire" and substituting "appeal 
body".

24   The following is added after section 63:
Part 7.1 
Service of Documents and 
Publication of Documents
Division 1 
Service of Documents
Service of documents
63.1(1)  In this section, "recorded mail" means any form of delivery 
of notices or other documents by mail or courier in which receipt of the 
notice or other document must be acknowledged in writing by the 
addressee or another individual present at the addressee's address.
(2)  If a notice or other document is required to be served under the Act 
on an officer, the Director or the Registrar, the notice or other 
document must be served in the manner specified in the document, or 
as otherwise specified by the officer, Director or Registrar.
(3)  Subject to subsection (2), a notice or other document that is 
required to be served under the Act may, in addition to any other 
method provided by law, be served,
	(a)	in the case of service on an individual,
	(i)	by personal service on the individual or by being left for 
the individual
	(A)	at an address provided by the individual pursuant 
to section 82(3) of the Act with an individual 
present at that address,
	(B)	at the individual's residence or last known 
residence or with an individual present at that 
address who appears to be 18 years of age or older, 
or
	(C)	at the individual's workplace or last known 
workplace with an individual who represents that 
the individual is in charge of that workplace,
	(ii)	by ordinary mail or recorded mail sent to the individual
	(A)	at an address provided by the individual pursuant 
to section 82(3) of the Act,
	(B)	at the individual's residence or last known 
residence, or
	(C)	at the individual's workplace or last known 
workplace,
	(iii)	by fax or e-mail sent to the individual at a fax number 
or e-mail address
	(A)	provided by the individual pursuant to section 
82(3) of the Act, or
	(B)	provided by the individual to an officer, the 
Director or the Registrar for the purposes of 
service on that individual, 
			or
	(iv)	as directed by the Court of Queen's Bench on 
application,
	(b)	in the case of service on a corporation,
	(i)	by being left
	(A)	with a director or officer of the corporation,
	(B)	with an individual who represents that the 
individual is in charge of a place where the 
corporation carries on business, or
	(C)	with an individual at the registered office of the 
corporation or, for an extra-provincial corporation, 
at the office of the attorney of the corporation,
	(ii)	by being sent by ordinary mail or recorded mail 
	(A)	to a place of business of the corporation,
	(B)	to the registered office of the corporation,
	(C)	to a director of the corporation at the director's 
residence or last known residence, or
	(D)	to an address designated by the corporation as its 
address for service under an enactment of Alberta,
	(iii)	by fax or e-mail sent to a fax number or e-mail address 
provided by a representative of the corporation to an 
officer, the Director or the Registrar for service on that 
corporation, or
	(iv)	as directed by the Court of Queen's Bench on 
application,
	(c)	in the case of service on a partnership
	(i)	by being left with any partner of the partnership or an 
individual who represents that the individual is in 
charge of a place where the partnership carries on 
business,
	(ii)	by being sent by ordinary mail or recorded mail
	(A)	to a place of business of the partnership,
	(B)	to a partner of the partnership at the partner's 
residence or last known residence, or
	(C)	to an address designated by a partnership as its 
address for service under an enactment of Alberta,
	(iii)	by fax or e-mail sent to a fax number or e-mail address 
provided by a representative of the corporation to an 
officer, the Director or the Registrar for service on that 
corporation,
	(iv)	as directed by the Court of Queen's Bench on 
application, or
	(v)	in the case of a partner that is a corporation, by service 
on a partner in accordance with clause (b),
		or
	(d)	in the case of service on a lawyer or agent representing an 
individual, corporation or partnership,
	(i)	by personal service on the lawyer or agent at the 
lawyer's or agent's place of business or by being left 
with an individual who represents that the individual is 
in charge of that place of business, 
	(ii)	by ordinary mail or recorded mail sent to the lawyer's 
or agent's place of business,
	(iii)	by fax or e-mail sent to the lawyer's or agent's place of 
business at a fax number or e-mail address provided by 
the lawyer or agent, or a representative of the lawyer or 
agent, or
	(iv)	as directed by the Court of Queen's Bench on 
application.
(4)  Where it is necessary to prove service of any notice or other 
document in the course of any proceeding or prosecution under the 
Act, service is effected
	(a)	if the notice or other document is served personally or left in 
accordance with subsection (3)(a)(i), (b)(i), (c)(i) or (d)(i), on 
the date it is served or left,
	(b)	if the notice or other document is sent by recorded mail, the 
date acknowledgment of receipt is signed,
	(c)	if the notice or other document is sent by fax, on the date the 
notice or other document is confirmed to have been 
successfully transmitted,
	(d)	if the notice or other document is sent by e-mail, on the date 
the e-mail was sent, or
	(e)	if the notice or other document is sent by ordinary mail,
	(i)	7 days from the date of mailing if the notice or other 
document is mailed in Alberta to an address in Alberta, 
or
	(ii)	subject to subclause (i), 14 days from the date of 
mailing if the notice or other document is mailed in 
Canada to an address in Canada, 
unless the notice or other document is returned to the sender other than 
by the addressee, or the addressee proves that he or she did not receive 
the document.
(5)  Service by mail or recorded mail is not invalid only by reason that
	(a)	the addressee refuses to accept the mail, 
	(b)	the addressee returns the mail, 
	(c)	in the case of recorded mail, the addressee refuses to take 
delivery of the recorded mail, or
	(d)	the addressee no longer resides or is otherwise not present at 
the address and has not provided the postal service with a 
current or forwarding mailing address.
Division 2 
Publication of Documents
Permits
63.2  The Director shall publish, in a form or manner the Director 
considers appropriate, the following with respect to a permit issued 
under the Act:
	(a)	the name of the employer or the name under which the 
employer carries on business;
	(b)	the effective date and the duration of the permit.
Variances, exemptions and orders
63.3(1)  The Director shall publish, in a form or manner the Director 
considers appropriate, the following with respect to a variance or 
exemption granted under section 74 of the Act:
	(a)	the name of the employer or the name under which the 
employer carries on business;
	(b)	the provision of the Act or regulation that was varied or 
exempted;
	(c)	the effective date and duration of the variance or exemption.
(2)  The Director shall publish, in a form or manner the Director 
considers appropriate, the following with respect to an order issued 
under section 74.1 of the Act:
	(a)	the name of the employer's association or the names of the 
employers in a group; 
	(b)	the provision of the Act or regulation that was varied or 
exempted;
	(c)	the effective date and the duration of the order.
Enforcement actions
63.4(1)  In this section, "enforcement action" means 
	(a)	any of the following that have been filed as a judgment with 
the Court of Queen's Bench under the Act:
	(i)	an order of an officer or order of the Director;
	(ii)	a decision of an appeal body or a court;
	(iii)	a notice of administrative penalty;
	(iv)	a director's certificate referred to in section 112(4) of 
the Act;
	(b)	a conviction arising out of a prosecution under section 133 of 
the Act.
(2)  The Director shall publish, in a form or manner the Director 
considers appropriate, the following with respect to an enforcement 
action:
	(a)	the name of the employer, the name under which the 
employer carries on business, or the name of the corporate 
director, as the case may be;
	(b)	the address of the employer's business in respect of which 
the order, decision, notice or certificate was filed;
	(c)	the provision of the legislation that was contravened;
	(d)	the unpaid earnings that were the subject of the order, 
decision, notice or certificate;
	(e)	the amount of any fine or penalty imposed, if applicable;
	(f)	the date the order, decision, notice or certificate was filed in 
the court.
(3)  Where a person subject to an enforcement action referred to in 
subsection (1)(a) has satisfied the judgment to which the enforcement 
action applies, the information published under this section with 
reference to that enforcement action must be removed.
Part 7.2 
Miscellaneous Provisions
Group termination notice
63.5(1)   A notice under section 137 of Act is not required if the 
employees are employed on a seasonal basis or for a definite term or 
task.
(2)  A notice under section 137(3)(b) of the Act may be given to an 
affected employee personally or by mail, fax or e-mail to an address 
provided by the employee for the purposes of communication with that 
employee.

25   Section 66 is amended by striking out "June 30, 2018" 
and substituting "March 1, 2020".
Transitional Provisions
26(1)  This section provides for the transitional application of the 
amendments to the Employment Standards Code made by the Fair and 
Family-friendly Workplaces Act.
(2)  In subsections (3) to (14), 
	(a)	"Act" means the Employment Standards Code as amended by 
the Fair and Family-friendly Workplaces Act;
	(b)	"former Act" means the Employment Standards Code as it 
read before January 1, 2018.
(3)  An employee entitled to a leave who requests a leave under Part 2, 
Divisions 7 to 7.6 of the Act on or after January 1, 2018 is entitled to 
the leave even though the circumstances giving rise to the entitlement 
to the leave occurred before January 1, 2018.
(4)  Part 3, Division 2 of the Act applies even though the events that 
are the subject of an inspection, investigation or inquiry arose before 
January 1, 2018.
(5)  Part 3, Division 3 of the Act applies, except as provided in clauses 
(a) to (d), even though the events that are the subject of an inspection, 
investigation or inquiry arose before January 1, 2018: 
	(a)	section 82 of the Act only applies with respect to complaints 
made on or after January 1, 2018;
	(b)	if a complaint was filed or an investigation, inspection or 
inquiry began before January 1, 2018, section 90 of the 
former Act applies;
	(c)	if a complaint is filed or an investigation, inspection or 
inquiry begins after January 1, 2018 but the complaint, 
investigation, inspection or inquiry relates only to earnings or 
compensation owing before January 1, 2018, section 90(4) 
and (5) of the former Act apply;
	(d)	section 91 of the Act only applies with respect to orders 
made on or after January 1, 2018.
(6)  Part 3, Division 4 of the Act applies to appeals served on the 
Registrar on or after January 1, 2018. 
(7)  Part 4, Division 2 of the Act applies to demands issued and served 
on a third party on or after January 1, 2018 even though the  demand 
relates to an order or decision that was filed before January 1, 2018.
(8)  Part 4.1 of the Act applies to contraventions and failures to comply 
that occur on or after January 1, 2018.
(9)  Part 5, Division 1 of the Act applies to contraventions and failures 
to comply that occur on or after January 1, 2018. 
(10)  Sections 134, 135 and 136 of the Act apply even though the 
related complaint, inspection, investigation or inquiry arose before 
January 1, 2018. 
(11)  Section 136.1 of the Act only applies to permits, exemptions and 
variances issued and enforcement actions taken on or after January 1, 
2018.
(12)  Time off with pay earned under section 23(2)(a) of the former 
Act that has not been provided, taken or paid before January 1, 2018 
must be provided in accordance with section 23(2)(a) of the former Act 
unless the overtime agreement or overtime agreement that is part of a 
collective agreement provides for a higher rate.
(13)  Sections 65 and 66 of the former Act and Part 5 and section 
11(3)(c) of this Regulation do not apply with respect to employees 
under 18 years of age to which section 2.1(1) of the Act applies.
(14)  Subsection (13) applies until section 44 of the Fair and Family-
friendly Workplaces Act comes into force.  
Coming into Force
27(1)  This Regulation, except for section 16, comes into 
force on January 1, 2018.
(2)  Section 16 comes into force on the coming into force of 
section 44 of the Fair and Family-friendly Workplaces Act.

28   The Schedule is amended by renumbering it as 
Schedule 1 and by adding the following after Schedule 1:
Schedule 2 
 
Schedule of Administrative Penalties
The following Table sets out the administrative penalties that may be 
imposed for a contravention or failure to comply with the provisions of 
the Employment Standards Code and the Employment Standards 
Regulation (AR 14/97).
The Director may increase the minimum penalty set out in the Table 
based on the circumstances of the contravention or failure to comply, 
including the number of employees who were affected by the 
contravention or the failure to comply. The amount of any penalty, 
other than an amount to address economic benefit, must not exceed the 
amount referred to in section 123.1(3) of the Employment Standards 
Code.
Under section 123.1(2)(b) of the Employment Standards Code, a one-
time amount to address economic benefit may be imposed where the 
Director is of the opinion that the person has derived an economic 
benefit directly or indirectly as a result of the contravention or failure 
to comply. The amount cannot exceed the amount of the economic 
benefit that was derived as a result of the contravention or failure to 
comply.
TABLE
Employment Standards 
Code/Employment 
Standards Regulation
Minimum 
Administrative 
Penalty for 
1st contravention or 
failure to comply
Minimum Administrative 
Penalty for 2nd 
contravention of the 1st 
contravention, or 1st 
repetition of a failure to 
comply, within 3 years
Minimum Administrative 
Penalty for 3rd or 
subsequent 
contravention of the 1st 
contravention, or 2nd 
repetition of a failure to 
comply, within 3 years
LEVEL 1 - Minimum 
Administrative Penalty
? Part 2, Divisions 1 to 
8, except Divisions 7 to 
7.6, of the Act;
? Section 79 of Part 3, 
Division 2 of the Act;
? Section 91 of Part 3, 
Division 3 of the Act;  
 
$500.00


 
$1000.00
 
$2000.00
? Sections 7 to 13 of 
Part 2 of the Regulation; 
? Part 2.1 of the 
Regulation;
? Part 3, Divisions 1 to 
11 of the Regulation;
? Sections 46 to 50 of 
Part 4 of the Regulation;



LEVEL 2 - Minimum 
Administrative Penalty
? Part 2, Divisions 7 to 
7.6 of the Act;
? Section 128 of the Act 
with respect;
 
$1000.00
 
$2000.00
 
$4000.00
? Sections 51 to 54.01 
of Part 5 of the 
Regulation;
? Part 5.1 of the 
Regulation;
? Schedule 3 of the 
Regulation;



LEVEL 3 - Minimum 
Administrative Penalty
? Part 3, Division 1, 
sections 74 to 74.1 of 
the Act
? Sections 78 to 78.1 
and 81 of Part 3, 
Division 2 of the Act;
 
$1500.00


 
$3000.00
 
$6,000.00
? Sections 125, 127, 
128 and 137 of Part 5, 
Division 1 of the Act. 



Schedule 3 
 
Division 7.4 
Critical Illness Leave
Critical illness leave
53.96(1)  In this Division,
	(a)	"child" means a person who is under 18 years of age;
	(b)	"common-law partner" has the same meaning as in section 
53.9(1)(a) of the Act;
	(c)	"family member " means family member for the purposes of 
compassionate care leave.  
(2)  Subject to this section, an employee who has been employed by 
the same employer for at least 90 days and is a family member of a 
critically ill child or a critically ill adult is entitled to an unpaid leave 
	(a)	of up to 36 weeks for the purpose of providing care or 
support to the critically ill child, and
	(b)	of up to 16 weeks for the purpose of providing care or 
support to the critically ill adult.
(3)  If more than one employee who is employed by the same employer 
is entitled to leave under this Division with respect to the same 
critically ill child or critically ill adult, the employer is not required to 
grant the leave to more than one employee at a time.
(4)  If more than one child of the employee is critically ill as a result of 
the same event, the period during which the employee may take a leave 
under this Division
	(a)	begins on the earlier of the dates specified in subsection 
(5)(b) and (d) on the first medical certificate issued in respect 
of any of the children that are critically ill, and
	(b)	ends on the earliest of the following occurrences:
	(i)	the last day of the work week in which the last of the 
critically ill children dies;
	(ii)	the expiry of 36 weeks following the date leave began 
under clause (a);
	(iii)	the expiry of the latest period referred to in subsection 
(5)(c) on the medical certificates for the critically ill 
children;
	(iv)	the last day of the work week in which the employee 
ceases to provide care or support to the last of the 
critically ill children.
(5)  The employee must provide to the employer a medical certificate 
stating the following:
	(a)	that the child or adult is critically ill and requires the care or 
support of one or more family members;
	(b)	the start date of the period during which the critically child or 
critically ill adult requires that care or support;
	(c)	the end date of the period during which the critically ill child 
or critically ill adult requires that care or support;
	(d)	if the leave was begun before the certificate was issued, the 
day leave began. 
(6)  The employee must provide a copy of the medical certificate under 
subsection (5) before commencing leave under this Division unless the 
employee is unable to do so, in which case the employee must provide 
the certificate as soon as is reasonable and practicable in the 
circumstances.
(7)  An employee who wishes to take leave under this Division must 
give the employer at least 2 weeks' written notice, which notice must 
also include the estimated date of the employee's return to work, 
unless a shorter notice period is necessary in the circumstances, in 
which case the notice must be provided as soon as is reasonable and 
practicable in the circumstances.
(8)  The employee must inform his or her employer of any change in 
the estimated date of returning to work.
(9)  Subject to subsection (4), leave under this Division may be taken 
in one or more periods, but no period may be less than one week's 
duration. 
(10)  Leave under this Division ends on the earliest of the following 
occurrences:
	(a)	the last day of the work week in which the critically ill child 
or critically ill adult, as the case may be, named in the 
medical certificate under subsection (5) dies;
	(b)	the period of 
	(i)	36 weeks of leave under this Division ends, in the case 
of a critically ill child, or
	(ii)	16 weeks of leave under this Division ends, in the case 
of a critically ill adult;
	(c)	the period referred to in the certificate referred to in 
subsection (5)(c) ends;
	(d)	the last day of the work week in which the employee ceases 
to provide care or support to the critically ill child or 
critically ill adult, as the case may be.
Termination of employment 
53.961(1)  No employer may terminate the employment of, or lay off, 
an employee who has started leave under this Division. 
(2)  Subsection (1) does not apply if an employer suspends or 
discontinues in whole or in part the business, undertaking or other 
activity in which the employee is employed, but the obligation of the 
employer to reinstate the employee or provide the employee with 
alternative work in accordance with section 53.963 continues to apply. 
Notice to return to work
53.962(1)  If an employee has been on leave under this Division, he 
or she must provide at least one week's written notice of the date the 
employee intends to return to work unless the employer and the 
employee agree otherwise.
(2)  When an employee returns to work under this section, the 
employer must 
	(a)	reinstate the employee in the position occupied when the 
leave started, or 
	(b)	provide the employee with alternative work of a comparable 
nature at not less than the earnings and other benefits that had 
accrued to the employee when the leave started. 
(3)  An employee who does not wish to resume employment after the 
leave under this Division ends must give the employer at least 2 
weeks' written notice of the employee's intention to terminate 
employment. 
Suspension of operations 
53.963   If the business, undertaking or other activity of an employer 
is suspended or discontinued in whole or in part during an employee's 
leave under this Division and the employer has not resumed operations 
when the leave ends, the employer must, if the operation is 
subsequently resumed within 52 weeks following the end of the leave, 
	(a)	reinstate the employee in the position occupied at the time 
the leave started at not less than the earnings and other 
benefits that had accrued to the employee, or 
	(b)	provide the employee with alternative work in accordance 
with an established seniority system or practice of the 
employer in force at the time the employee's leave started, 
with no loss of seniority or other benefits accrued to the 
employee. 
Leave and vacation conflict 
53.964   Notwithstanding section 37(1), if an employee is on leave 
under this Division on the day by which his or her vacation must be 
used, any unused part of the vacation must be used immediately after 
the leave expires or, if the employer and employee agree to a later date, 
by that later date.



Alberta Regulation 247/2017
Municipal Government Act
EXTENSION OF LINEAR PROPERTY REPEAL REGULATION
Filed: December 13, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 443/2017) 
on December 13, 2017 pursuant to section 603.1 of the Municipal Government Act. 
Repeal
1   The Extension of Linear Property Regulation 
(AR 207/2012) is repealed.
Coming into force
2   This Regulation comes into force on January 1, 2018.


--------------------------------
Alberta Regulation 248/2017
Dairy Industry Act
DAIRY INDUSTRY (EXPIRY DATE EXTENSION) 
AMENDMENT REGULATION
Filed: December 13, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 444/2017) 
on December 13, 2017 pursuant to section 39 of the Dairy Industry Act. 
1   The Dairy Industry Regulation (AR 139/99) is amended by 
this Regulation.

2   Section 82 is amended by striking out "January 31, 2018" 
and substituting "January 31, 2020".



Alberta Regulation 249/2017
Personal Directives Act
PERSONAL DIRECTIVES AMENDMENT REGULATION
Filed: December 13, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 447/2017) 
on December 13, 2017 pursuant to section 34 of the Personal Directives Act. 
1   The Personal Directives Regulation (AR 99/2008) is 
amended by this Regulation.

2   Section 13 is repealed.


--------------------------------
Alberta Regulation 250/2017
Child and Youth Advocate Act
CHILD AND YOUTH ADVOCATE AMENDMENT REGULATION
Filed: December 13, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 450/2017) 
on December 13, 2017 pursuant to section 22 of the Child and Youth Advocate Act. 
1   The Child and Youth Advocate Regulation (AR 53/2012) 
is amended by this Regulation.

2   Section 1 is renumbered as section 1.1 and the following 
is added before section 1.1:
Definition
1   In this Regulation, "Act" means the Child and Youth Advocate 
Act.

3   The following is added after section 1.1:
Reasons review not completed
1.2  When preparing a written report in accordance with section 
9.1(4) of the Act, the Advocate must report on the number of 
reviews that have not been completed for the following reasons: 
	(a)	due to a request made under section 9.1(5) of the Act;
	(b)	information requests made under the Act that are 
outstanding; 
	(c)	extraordinary factors that may cause undue hardship to a 
member of the family and which are case specific.
Collection, use and disclosure of information 
1.3(1)  The Advocate may collect, use and disclose information, 
including personal information, from the Registrar of Vital Statistics 
for the purpose of carrying out the Advocate's responsibilities set out 
in the Act.
(2)  A collection or disclosure of information referred to in this 
section may occur indirectly, without the consent of the person to 
whom the personal information belongs.
(3)  For the purpose set out in subsection (1), the Registrar of Vital 
Statistics is authorized to disclose information, including personal 
information about a person, to the Advocate.
(4)  This section does not limit the authority of the Advocate to 
collect, use or disclose information when authorized to do so by any 
other law.
Protocol for stays of investigations
1.4  The protocol for making determinations about the staying of an 
investigation or a review must
	(a)	establish graduated dispute resolution, and
	(b)	identify a senior official for the purposes of section 9.1(5) of 
the Act.
Roster of Indigenous advisors
1.5  The process by which a person may be recruited as a member of 
the roster of Indigenous advisors must
	(a)	include competency criteria that identify any skills, 
knowledge, experience or attributes required of the member, 
and
	(b)	base the selection of the person for appointment as a member 
on assessment of the extent to which the person possesses the 
identified skills, knowledge, experience or attributes.
Information that may not be provided
1.6(1)  A law enforcement agency or the Alberta Crown Prosecution 
service may withhold information or a record held by the law 
enforcement agency or the Alberta Crown Prosecution Service 
which is relevant to an ongoing investigation referred to in section 
9(2)(d) of the Act or a review referred to in section 9.1 of the Act, if 
	(a)	the information or record is related to an investigation by a 
law enforcement agency or a prosecution under any statute in 
force in Alberta, and
	(b)	in the opinion of a senior official of a law enforcement 
agency or the Assistant Deputy Minister responsible for the 
Alberta Crown Prosecution Service, the disclosure of the 
record or information could reasonably be expected to 
interfere with or harm that investigation or prosecution.
(2)  A law enforcement agency or the Alberta Crown Prosecution 
Service must provide the information or record referred to in 
subsection (1) once the provision of the information or record is no 
longer reasonably expected to interfere with or harm the 
investigation or prosecution.
Recommendations arising from investigation 
report under section 9(2)(d) of the Act
1.7(1)  The Advocate may make recommendations arising from an 
investigation under section 9(2)(d) of the Act that the Advocate 
considers appropriate with respect to a public body's policies, 
practices or procedures that may assist in addressing the systemic 
issues arising from the serious injury or death of the child receiving 
designated services.
(2)  In making recommendations, the Advocate must consider 
including
	(a)	relevant research or evidence,
	(b)	the rationale on which those recommendations are based, 
	(c)	desired outcomes or impacts and how those outcomes or 
impacts will be measured,
	(d)	any mitigating measures completed by a public body after the 
death or serious injury of the child,
	(e)	which public body is responsible for implementation, and
	(f)	current measures that are working well.
Recommendations arising from report of  
mandatory review of death
1.8(1)  The Advocate may make recommendations arising from a 
review under section 9.1 of the Act that the Advocate considers 
appropriate with respect to a ministry's policies, practices or 
procedures that may assist in the prevention of similar deaths.
(2)  In making recommendations, the Advocate must consider 
including
	(a)	relevant research or evidence,
	(b)	the rationale on which those recommendations are based, 
	(c)	the desired outcomes or impacts and how those outcomes or 
impacts will be measured,
	(d)	any mitigating measures completed by a public body after the 
death or serious injury of the child,
	(e)	which public body is responsible for implementation, and
	(f)	current measures that are working well.
Recommendations arising from report of 
mandatory review of death
1.9   In fulfilling its mandate under section 15.2 of the Act, the 
Audit Advisory Committee shall advise the Advocate as to whether 
the Advocate's recommendations meet the criteria set out in sections 
1.7 and 1.8.

4   Section 2 is repealed.

5   This Regulation comes into force on the coming into 
force of the Child Protection and Accountability Act.


--------------------------------
Alberta Regulation 251/2017
Post-secondary Learning Act
PROGRAMS OF STUDY AMENDMENT REGULATION
Filed: December 13, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 456/2017) 
on December 13, 2017 pursuant to section 124 of the Post-secondary Learning Act. 
1   The Programs of Study Regulation (AR 91/2009) is 
amended by this Regulation.

2   Section 16 is repealed.



Alberta Regulation 252/2017
Alberta Human Rights Act
HUMAN RIGHTS (MINIMUM AGE FOR OCCUPANCY) REGULATION
Filed: December 15, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 457/2017) 
on December 15, 2017 pursuant to section 5.1 of the Alberta Human Rights Act. 
Required occupancy
1   For the purposes of sections 4.2 and 5(4) of the Act, a minimum 
age for occupancy must not prevent occupancy of a unit or site by the 
following other individuals:


	(a)	individuals providing home-based personal or health care 
services to an occupant of the unit or site;
	(b)	minors related, by blood, adoption, marriage or by virtue of 
an adult interdependent partnership, to an occupant of the 
unit or site, of whom the occupant has, since commencing 
occupancy of the unit or site, become the primary caregiver 
due to an unforeseen event;
	(c)	a surviving spouse or adult interdependent partner of a 
deceased former occupant of the unit or site who, at the time 
of death, was cohabiting with the deceased former occupant.
Allowed occupancy
2   For the purposes of sections 4.2 and 5(4) of the Act, a minimum 
age for occupancy may permit occupancy of a unit or site by any other 
individual whose occupancy is reasonable and appropriate in the 
circumstances.
Determining whether a minimum age for occupancy exists
3(1)  Words or expressions used in this section and not defined in the 
Act, have the meanings assigned to them in or under the Condominium 
Property Act.
(2)  For the purposes of section 4.2(1) of the Act, a minimum age for 
occupancy is deemed to be in existence prior to January 1, 2018, for all 
residential units in a condominium plan or proposed residential units in 
a proposed condominium plan, if prior to that date
	(a)	a purchase agreement existed in respect of a unit or proposed 
unit in that condominium plan or proposed condominium 
plan, and
	(b)	that minimum age was set out in proposed bylaws delivered 
to the purchaser of that unit or proposed unit in accordance 
with the requirements of the Condominium Property Act.
Coming into force
4   This Regulation comes into force on January 1, 2018.


--------------------------------
Alberta Regulation 253/2017
Workers' Compensation Act
MEDICAL PANELS (EXPIRY DATE EXTENSION) 
AMENDMENT REGULATION
Filed: December 18, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 458/2017) 
on December 18, 2017 pursuant to section 46.1 of the Workers' Compensation Act. 
1   The Medical Panels Regulation (AR 290/2006) is 
amended by this Regulation.

2   Section 13 is amended by striking out "March 31, 2018" 
and substituting "December 31, 2019".


--------------------------------
Alberta Regulation 254/2017
Climate Change and Emissions Management Act
CLIMATE CHANGE AND EMISSIONS MANAGEMENT ACT 
REGULATIONS (EXPIRY DATE EXTENSION) 
AMENDMENT REGULATION
Filed: December 18, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 462/2017) 
on December 18, 2017 pursuant to section 60 of the Climate Change and Emissions 
Management Act. 
1   The Administrative Penalty Regulation (AR 140/2007) is 
amended in section 5 by striking out "December 31, 2017" and 
substituting "December 31, 2022".

2   The Climate Change and Emissions Management Fund 
Administration Regulation (AR 120/2009) is amended in 
section 15 by striking out "December 31, 2017" and 
substituting "December 31, 2022".

3   The Specified Gas Reporting Regulation (AR 251/2004) is 
amended in section 11 by striking out "December 31, 2017" 
and substituting "December 31, 2022".


--------------------------------
Alberta Regulation 255/2017
Climate Change and Emissions Management Act
CARBON COMPETITIVENESS INCENTIVE REGULATION
Filed: December 18, 2017
For information only:   Made by the Lieutenant Governor in Council (O.C. 463/2017) 
on December 18, 2017 pursuant to sections 5 and 60 of the Climate Change and 
Emissions Management Act. 
Table of Contents
Part 1 
Interpretation and Application
	1	Interpretation
	2	Incorporation of standards
	3	Application
	4	Opted-in facilities
Part 2 
Output-based Allocation
Output-based Allocation
	5	Determination of the output-based 
allocation for a facility
	6	Duty to not exceed output-based allocation 
	7	Determination of net emissions
Assigned Benchmarks
	8	Assignment of assigned benchmark
	9	Application for assigned benchmark
	10	Review of and assignment of new assigned benchmark
	11	Determination of assigned benchmark
Reports
	12	Compliance report
	13	Interim compliance report for forecasting facility
	14	Annual forecasting report
Part 3 
Emission Offsets, Emission Performance 
Credits and Fund Credits
	15	Emission offset projects
	16	Emission offsets
	17	Emission performance credits
	18	Fund credits
	19	Use of emission offsets, emission performance  
credits and fund credits
	20	No right to emission offsets, fund credits 
and emission performance credits
Part 4 
General
	21	Application for exemption
	22	Director's powers on reviewing applications, etc.
	23	Additional measurements, metering and monitoring
	24	Qualifications and eligibility of third party verifiers
Records and Forms
	25	Request for confidentiality
	26	Annual report to Information and Privacy Commissioner
	27	Access to applications and reports
	28	Publication
	29	Retention of records
	30	Forms
Enforcement
	31	Audits
	32	Offences
	33	Penalties
	34	Due diligence
Part 5 
Transitional, Consequential Amendments,  
Review and Coming into Force
	35	Transitional
	36	Transition allocation benchmark
	37-39	Consequential amendments
	40	Review
	41	Coming into force 
 
Schedules
Part 1 
Interpretation and Application
Interpretation
1(1)  In this Regulation,
	(a)	"Act" means the Climate Change and Emissions 
Management Act;
	(b)	"annual forecasting report" means an annual forecasting 
report under section 14;
	(c)	"assigned benchmark" means a benchmark assigned under 
section 8, 10 or 35(3), expressed in tonnes of CO2e per 
benchmark unit;
	(d)	"benchmark" means the emissions intensity allocated for a 
benchmark unit of a product;
	(e)	"benchmark unit" means
	(i)	a benchmark unit for a product set out in the Table in 
Schedule 2, and
	(ii)	the unit of measure of a product of a facility, as 
approved or determined by the director in assigning an 
assigned benchmark for the product;
	(f)	"biomass CO2 emissions" means all emissions of carbon 
dioxide released from sources located at a facility as a result 
of the decomposition or combustion of biomass;
	(g)	"CO2e" means the 100-year time horizon global warming 
potential of a specified gas expressed in terms of equivalency 
to CO2 as set out in the Standard for Completing Greenhouse 
Gas Compliance and Forecasting Reports;
	(h)	"compliance report" means a compliance report under 
section 12;
	(i)	"department" means the department administered by the 
Minister;
	(j)	"direct emissions" means all specified gases released from 
sources located at a facility, not including biomass CO2 
emissions, expressed in tonnes on a CO2e basis;
	(k)	"emission offset" means an instrument serialized on the 
Alberta Emission Offset Registry
	(i)	in respect of a reduction in the release of a specified gas 
or a sequestration of or a capture of carbon dioxide 
described in section 16, or
	(ii)	in respect of a reduction in the release of a specified gas 
or a sequestration of or a capture of carbon dioxide that 
occurred before January 1, 2018 described in section 7 
of the Specified Gas Emitters Regulation 
(AR 139/2007);
	(l)	"emission offset project" means a project undertaken to 
generate emission offsets;
	(m)	"emission offset project developer" in respect of an emission 
offset project means the person registered as the owner of the 
emission offset project on the Alberta Emission Offset 
Registry;
	(n)	"emission performance credit" means
	(i)	an emission performance credit issued under section 17, 
and
	(ii)	an emission performance credit issued under section 9 
of the Specified Gas Emitters Regulation 
(AR 139/2007);
	(o)	"emissions intensity" means the quantity of specified gases 
released in the production of a benchmark unit of a product;
	(p)	"established benchmark" means a benchmark set out in, or 
determined in accordance with, the Table in Schedule 2;
	(q)	"facility" means 
	(i)	a plant, structure or thing where an activity listed in 
section 2 of the Schedule of Activities to the 
Environmental Protection and Enhancement Act occurs, 
and
	(ii)	a site or 2 or more contiguous or adjacent sites that are 
operated and function in an integrated fashion where an 
activity listed in any of sections 3 to 11 of the Schedule 
of Activities to the Environmental Protection and 
Enhancement Act occurs, 
		including all the buildings, equipment, structures, machinery 
and vehicles that are an integral part of the activity;
	(r)	"forecasting facility" means a facility that has total regulated 
emissions of one megatonne or more in 2016 or a subsequent 
year; 
	(s)	"Fund" means the Climate Change and Emissions 
Management Fund established by the Act;
	(t)	"fund credit" means 
	(i)	a fund credit obtained under section 18, and
	(ii)	a fund credit obtained under section 8 of the Specified 
Gas Emitters Regulation (AR 139/2007);
	(u)	"interim compliance report" means an interim compliance 
report under section 13;
	(v)	"net emissions" means the net emissions for a facility 
determined in accordance with section 7;
	(w)	"net geological sequestration" means the amount of carbon 
dioxide that is sequestered in a geological formation, less the 
amount of specified gases, expressed in tonnes on a CO2e 
basis, released as a result of the sequestration activity;
	(x)	"net sequestration" means the amount of carbon dioxide 
sequestered in a sink, other than a geological formation, less 
any specified gases, expressed in tonnes on a CO2e basis, 
released as a result of the sequestration activity;
	(y)	"opted-in facility" means a facility designated as an opted-in 
facility under section 4(4);
	(z)	"output-based allocation" means the output-based allocation 
for a facility determined in accordance with section 5;
	(aa)	"person responsible" means,
	(i)	where the release of the specified gas occurs at a facility 
that is the subject of an approval or registration under 
the Environmental Protection and Enhancement Act, the 
holder of the approval or registration,
	(ii)	where the release of the specified gas occurs at a facility 
that is not the subject of an approval or registration 
referred to in subclause (i) but is the subject of an 
approval or other authorization issued by the Alberta 
Energy Regulator or the Alberta Utilities Commission, 
the holder of that approval or authorization, or
	(iii)	where the release of the specified gas occurs at any 
other facility, the owner of the facility;
	(bb)	"product" means
	(i)	an end product or intermediate product produced by a 
facility, or
	(ii)	an input, output, process or other thing specified in 
respect of a facility under subsection (2);
	(cc)	"production" means the quantity, expressed in the applicable 
benchmark unit, of
	(i)	an end product or intermediate product produced by a 
facility, or
	(ii)	an input, output, process or other thing specified under 
subsection (2);
	(dd)	"renewable electricity facility" means a facility that produces 
electricity from an energy resource that occurs naturally and 
that can be replenished or renewed within a human lifespan, 
including, but not limited to,
	(i)	moving water,
	(ii)	wind,
	(iii)	heat from the earth,
	(iv)	sunlight, and
	(v)	sustainable biomass;
	(ee)	"reporting period" means reporting period one, two, three or 
four;
	(ff)	"reporting period one" means the period beginning on 
January 1 and ending on March 31 of a year;
	(gg)	"reporting period two" means the period beginning on 
January 1 and ending on June 30 of a year;
	(hh)	"reporting period three" means the period beginning on 
January 1 and ending on September 30 of a year;
	(ii)	"reporting period four" means the period beginning on 
January 1 and ending on December 31 of a year;
	(jj)	"specified gas" means a gas listed in column 1 of Schedule 1;
	(kk)	"Standard for Completing Greenhouse Gas Compliance and 
Forecasting Reports" means the Standard for Completing 
Greenhouse Gas Compliance and Forecasting Reports 
published by the department, as amended or replaced from 
time to time;
	(ll)	"Standard for Establishing and Assigning Benchmarks" 
means the Standard for Establishing and Assigning 
Benchmarks published by the department, as amended or 
replaced from time to time;
	(mm)	"Standard for Greenhouse Gas Emission Offset Project 
Developers" means the Standard for Greenhouse Gas 
Emission Offset Project Developers published by the 
department, as amended or replaced from time to time;
	(nn)	"Standard for Verification" means the Standard for 
Verification published by the department, as amended or 
replaced from time to time;
	(oo)	"third party verifier" means a person who has the 
qualifications referred to in, and is eligible to be a third party 
verifier under, section 24;
	(pp)	"total regulated emissions" means the total regulated 
emissions for a facility determined in accordance with 
section 7(2);
	(qq)	"true-up obligation" means the amount by which a facility's 
total regulated emissions in a reporting period exceeds the 
facility's output-based allocation for the reporting period;
	(rr)	"year" means a calendar year unless otherwise specified.
(2)  The director may specify an input, output, process or other thing as 
a product of a facility for the purposes of this Regulation.
(3)  For the purposes of this Regulation, a facility is considered to 
begin commercial operation on January 1 of the year immediately 
following the year in which the facility first produces a product.
(4)  Notwithstanding subsection (3), for the purposes of this 
Regulation, the director may, if the director considers it appropriate to 
do so, designate the year of commercial operation that a facility that 
has undergone an expansion or significant change is in, but the director 
may only do so once with respect to a particular expansion or 
significant change.
(5)  In determining whether it is appropriate to make a designation in 
respect of a facility under subsection (4), the director must consider
	(a)	the nature and extent of the expansion or significant change 
undergone by the facility and the technologies employed in 
the expansion or significant change that affect specified gas 
emissions, and
	(b)	any other matter that in the director's opinion is relevant to 
determining whether it is fair and reasonable to make the 
designation considering the objective of reducing specified 
gas emissions.
(6)  For the purposes of this Regulation, the person responsible for a 
facility with respect to a reporting period is the person who is the 
person responsible for the facility on the last day of the reporting 
period.
Incorporation of standards
2   Pursuant to section 61 of the Act, the following standards published 
by the department, as amended or replaced from time to time, are 
incorporated into and form part of this Regulation:
	(a)	Standard for Establishing and Assigning Benchmarks;
	(b)	Standard for Completing Greenhouse Gas Compliance and 
Forecasting Reports;
	(c)	Standard for Greenhouse Gas Emission Offset Project 
Developers;
	(d)	Standard for Verification.
Application
3(1)  This Regulation applies to the following facilities:
	(a)	a facility that has total regulated emissions of 100 000 tonnes 
or more in 2003 or a subsequent year;
	(b)	an opted-in facility.
(2)  Notwithstanding subsection (1)(a), if a facility other than an 
opted-in facility first has total regulated emissions of 100 000 tonnes or 
more in 2018 or a subsequent year, this Regulation does not begin to 
apply to the facility until the year after the year in which the facility 
first has total regulated emissions of 100 000 tonnes or more.
Opted-in facilities
4(1)  In this section,
	(a)	"competitively impacted facility" means a facility other than 
a facility described in section 3(1)(a) that competes directly 
with a facility described in section 3(1)(a);
	(b)	"emissions-intensive trade-exposed sector" means a sector
	(i)	that has an emissions intensiveness that equals or 
exceeds 3% and a trade exposure that equals or exceeds 
20%,
	(ii)	that has an emissions intensiveness that equals or 
exceeds 15% and a trade exposure that equals or 
exceeds 10% but is less than 20%, or
	(iii)	that has an emissions intensiveness that equals or 
exceeds 30% and a trade exposure that equals or 
exceeds 0% but is less than 10%;
	(c)		"emissions intensiveness" in respect of a sector means the 
full carbon pricing costs of the sector divided by the gross 
value added for the sector;
	(d)	"full carbon pricing costs" means full carbon pricing costs as 
established in accordance with the Standard for Establishing 
and Assigning Benchmarks;
	(e)		"sector" means the part of the economy consisting of entities 
that produce goods or services that are the same or 
substantially the same;
	(f)	"trade exposure" means the ratio of A to B
		where
	A	is the total value in dollars of all products produced by 
the sector in Alberta that are exported from Alberta plus 
the total value in dollars of all products produced by the 
sector that are imported into Alberta;
	B	is the total value in dollars of all products produced by 
the sector in Alberta plus the total value in dollars of all 
products produced by the sector that are imported into 
Alberta.
(2)  Subject to subsection (11), a person responsible for a facility may 
apply to the director for the facility to be designated as an opted-in 
facility.
(3)  An application under subsection (2) must
	(a)	be submitted in the form and manner prescribed by the 
director,
	(b)	include the information required by the director, and
	(c)	be received by the director on or before June 1 of the year 
preceding the year in which the designation is intended to be 
effective.
(4)  The director may designate a facility as an opted-in facility if
	(a)	the application meets the requirements under subsection (3),
	(b)	the director is satisfied that
	(i)	the facility is a competitively impacted facility, or
	(ii)	the facility is in an emissions-intensive trade-exposed 
sector and that the facility
	(A)	had total regulated emissions of 50 000 tonnes or 
more in 2013 or a subsequent year, or
	(B)	is likely to have total regulated emissions of 
50 000 tonnes or more in its second year of 
commercial operation,
		and
	(c)	the director is satisfied that no benefit is being, or has been, 
provided in respect of the facility under an initiative of the 
Government of Alberta, or an agency of the Government of 
Alberta, that will substantially alleviate the cost of the carbon 
levy under the Climate Leadership Act in respect of the 
facility.
(5)  The director shall notify the person responsible for a facility in 
writing of the director's decision as to whether to designate the facility 
as an opted-in facility.
(6)  A person responsible for a facility may apply to the director for the 
designation of the facility as an opted-in facility under subsection (4) 
to be revoked.
(7)  An application under subsection (6) must
	(a)	be submitted in the form and manner prescribed by the 
director,
	(b)	contain the information required by the director, and
	(c)	be received by the director on or before June 1 of the year 
preceding the year in which the revocation is intended to be 
effective.
(8)  The director may revoke the designation of a facility as an opted-in 
facility on the application of the person responsible if
	(a)	the application meets the requirements under subsection (7), 
and
	(b)	in the opinion of the director, it is appropriate for the 
designation to be revoked taking into consideration the 
objective of reducing specified gas emissions.
(9)  The director shall notify the person responsible for a facility in 
writing of the director's decision as to whether to revoke the 
designation of the facility as an opted-in facility.
(10)  The person responsible for a facility that has been notified that 
the designation of the facility as an opted-in facility has been revoked 
shall submit the compliance report for the last year that the facility was 
an opted-in facility on or before March 31 of the following year.
(11)  A person responsible for a facility is not eligible to apply for the 
facility to be designated as an opted-in facility if
	(a)	the exemption under section 15(1)(d) of the Climate 
Leadership Act applies in respect of fuel used at the facility, 
or
	(b)	the facility is a renewable electricity facility
	(i) 	that has a total nominal capacity of less than 
5 megawatts,
	(ii)	that is part of a renewable electricity program in respect 
of which a participant has entered into a renewable 
electricity support agreement under section 7(4) of the 
Renewable Electricity Act, or
	(iii)	in respect of which, in the opinion of the director, an 
economic benefit is being provided under a program or 
other scheme that is attributable to the electricity 
produced at the facility having been produced from an 
energy resource referred to in section 1(1)(dd).
Part 2 
Output-based Allocation
Output-based Allocation
Determination of the output-based allocation for a facility
5(1)   Subject to subsection (2), the output-based allocation for a 
facility for a reporting period is determined in accordance with the 
following formula:
OBA = S (BEi-Y x Pi) + S(BAj-Y x Pj) - ((BEE-Y x IE) +  
                     i                                         j                     
(BEHy-Y x IHy) + (BEIHe-Y x IHe))  
 
where
	OBA  	is the output-based allocation for the facility for the 
reporting period;
	BEi-Y  	is the established benchmark for year Y for each 
product i;
	i        	is each product of the facility that has an established 
benchmark;
	Y       	is the year in which the reporting period occurs;
	Pi         	is the production for each product i for the facility 
during the reporting period;
	BAj-Y	is the assigned benchmark for year Y for each product j;
	j        	is each product of the facility that has an assigned 
benchmark;
	Pj      	is the production for each product j for the facility 
during the reporting period;
	BEE-Y	is the established benchmark for year Y for electricity;
	IE          	is the electricity imported by the facility during the 
reporting period, expressed in megawatt hours;
	BEHy-Y	is the established benchmark for year Y for hydrogen;
	IHy      	
	(a)	in the case of a facility producing a product with a 
benchmark unit of "Alberta complexity weighted 
barrel" is zero, and
	(b)	in the case of any other facility, is the hydrogen 
imported by the facility during the reporting period, 
expressed in tonnes;
	BEIHe-Y	is the established benchmark for year Y for industrial 
heat;
	IHe      	is the heat imported by the facility during the reporting 
period, expressed in gigajoules.
(2)  If the amount determined under subsection (1) for a reporting 
period is less than zero, the output-based allocation for the facility for 
the reporting period is zero.
Duty to not exceed output-based allocation 
6(1)  The person responsible for a facility that is in its 2nd or a 
subsequent year of commercial operation shall comply with the 
requirement that the net emissions for the facility for reporting period 
four of the year shall not exceed the output-based allocation for the 
facility for reporting period four.
(2)  In addition to complying with subsection (1), the person 
responsible for a forecasting facility that is in its 2nd or a subsequent 
year of commercial operation shall comply with the following 
requirements:
	(a)	the net emissions for the forecasting facility for reporting 
period one of the year shall not exceed the output-based 
allocation for the facility for reporting period one;
	(b)	the net emissions for the forecasting facility for reporting 
period two of the year shall not exceed the output-based 
allocation for the facility for reporting period two;
	(c)	the net emissions for the forecasting facility for reporting 
period three of the year shall not exceed the output-based 
allocation for the facility for reporting period three.
(3)  Notwithstanding subsection (1), the person responsible for a 
renewable electricity facility shall comply with the requirement that 
the net emissions for the facility for reporting period four of each year 
the facility is designated as an opted-in facility shall not exceed the 
output-based allocation for the facility for reporting period four.
Determination of net emissions
7(1)  For the purposes of section 6, the net emissions for a facility for a 
reporting period is determined in accordance with the following 
formula:
NE = TRE - (EO + EPC + FC) 
 
where
	NE   	is the net emissions for the facility for the reporting period;
	TRE 	is the total regulated emissions for the facility for the 
reporting period;
	EO   	is the quantity of specified gases, expressed in tonnes on a 
CO2e basis, represented by the emission offsets used by the 
person responsible for the facility for the reporting period;
	EPC 	is the quantity of specified gases, expressed in tonnes on a 
CO2e basis, represented by the emission performance credits 
used by the person responsible for the facility for the 
reporting period;
	FC    	is the quantity of specified gases, expressed in tonnes on a 
CO2e basis, represented by the fund credits used by the 
person responsible for the facility for the reporting period.
(2)  For the purposes of subsection (1), the total regulated emissions for 
a facility for a reporting period is determined in accordance with the 
following formula:
TRE = DE - ICO2 + ECO2 + UCO2 
 
where
	TRE 	is the total regulated emissions for the facility for the 
reporting period, expressed in tonnes on a CO2e basis;
	DE   	is the direct emissions for the facility for the reporting period;
	ICO2	is the amount of carbon dioxide expressed in tonnes imported 
on site during the reporting period from a different facility to 
which this Regulation applies;
	ECO2	is the amount of carbon dioxide expressed in tonnes exported 
from the facility during the reporting period;
	UCO2	is the amount of carbon dioxide expressed in tonnes used by 
the facility as feedstock for the production of urea during the 
reporting period.
(3)  For the purposes of determining the net emissions for a forecasting 
facility under subsection (1), the person responsible for the forecasting 
facility shall use the same ratio of fund credits to the sum of emission 
offsets and emission performance credits that was included under 
section 14(3)(b)(iv) in the latest annual forecasting report submitted for 
the facility for that year.
(4)  The person responsible for a facility shall comply with each of the 
rules set out in section 19(1), (2), (3) and (4) in determining the net 
emissions for a facility.
(5)  The person responsible for a facility in respect of a reporting 
period shall determine the net emissions for the reporting period on or 
before the date on which the compliance report or interim compliance 
report for the reporting period is required to be submitted.
Assigned Benchmarks
Assignment of assigned benchmark
8(1)  If a product of a facility does not have an established benchmark, 
the director may, if the director considers it appropriate to do so, assign 
an assigned benchmark for the product and specify the year for which 
the assigned benchmark is applicable
	(a)	on the director's own initiative, or
	(b)	on the application of the person responsible for the facility 
under section 9.
(2)  The director shall give the person responsible for a facility written 
notice of the assigned benchmarks for the products of the facility that 
are assigned under this section.
Application for assigned benchmark
9(1)  If a product of a facility does not have an established benchmark 
and an assigned benchmark has not been assigned for the product 
under section 8(1)(a), the person responsible for the facility may apply 
to the director for the assignment of an assigned benchmark for the 
product on or before June 1 of the year in which the person responsible 
first wants an assigned benchmark for the product to be used in 
determining the facility's output-based allocation.
(2)  An application under subsection (1) must
	(a)	be submitted in the form and manner prescribed by the 
director,
	(b)	include the information required by the director, and
	(c)	be verified by a third party verifier as required by the 
director.
(3)  The person responsible for a facility shall comply with the rules 
and other requirements set out in Part 1 of the Standard for 
Establishing and Assigning Benchmarks in preparing and submitting 
an application for the assignment of an assigned benchmark. 
(4)  A third party verifier shall comply with the rules and other 
requirements set out in Part 1 of the Standard for Verification in 
providing a verification referred to in subsection (2)(c).
Review of and assignment of new assigned benchmark
10   The director may at any time review an assigned benchmark for a 
product of a facility and may assign a new assigned benchmark for the 
product if the director is of the opinion that
	(a)	the assigned benchmark is inaccurate, or
	(b)	the product or production process has significantly changed.
Determination of assigned benchmark
11  Each assigned benchmark for a product of a facility must be 
determined in accordance with the Standard for Establishing and 
Assigning Benchmarks.
Reports
Compliance report
12(1)  The person responsible for a facility that is in its 2nd or a 
subsequent year of commercial operation in a year shall submit to the 
director a compliance report for the facility for reporting period four of 
the year by March 31 of the following year.
(2)  Notwithstanding subsection (1), the person responsible for a 
renewable electricity facility shall submit to the director a compliance 
report for the facility for reporting period four of each year the facility 
is designated as an opted-in facility by March 31 of the following year.
(3)  The compliance report must
	(a)	be submitted in the form and manner prescribed by the 
director,
	(b)	include the information required by the director,
	(c)	confirm that the net emissions for the facility for reporting 
period four does not exceed the output-based allocation for 
the facility for reporting period four,
	(d)	be certified by the person responsible in the manner required 
by the director, and
	(e)	be verified by a third party verifier.
(4)  The person responsible for a facility shall comply with the rules 
and other requirements set out in Part 1 of the Standard for Completing 
Greenhouse Gas Compliance and Forecasting Reports in preparing and 
submitting a compliance report for the facility under this section.
(5)  A third party verifier shall comply with the rules and other 
requirements set out in Part 1 of the Standard for Verification in 
providing a verification referred to in subsection (3)(e).
Interim compliance report for forecasting facility
13(1)  The person responsible for a forecasting facility that is in its 
2nd or a subsequent year of commercial operation shall submit to the 
director an interim compliance report for the facility
	(a)	for reporting period one of the year on or before May 15 of 
that year,
	(b)	for reporting period two of the year on or before August 15 
of that year, and
	(c)	for reporting period three of the year on or before November 
15 of that year.
(2)  A person responsible for a forecasting facility is not required to 
submit an interim compliance report for the forecasting facility under 
subsection (1) for any of the reporting periods in
	(a)	the first year in which the forecasting facility has total 
regulated emissions of one megatonne or more,
	(b)	the year following the first year in which the forecasting 
facility has total regulated emissions of one megatonne or 
more, or
	(c)	the 2nd year following a year in which the forecasting facility 
has total regulated emissions of less than one megatonne.
(3)  The interim compliance report must
	(a)	be submitted in the form and manner prescribed by the 
director,
	(b)	include the information required by the director,
	(c)	confirm that the net emissions for the facility for the 
reporting period does not exceed the output-based allocation 
for the facility for the reporting period,
	(d)	be certified by the person responsible in the manner required 
by the director, and
	(e)	be verified by a third party verifier as required by the 
director.
(4)  The person responsible for a facility shall comply with the rules 
and other requirements set out in Part 1 of the Standard for Completing 
Greenhouse Gas Compliance and Forecasting Reports in preparing and 
submitting an interim compliance report for the facility under this 
section.
(5)  A third party verifier shall comply with the rules and other 
requirements set out in Part 1 of the Standard for Verification in 
providing a verification referred to in subsection (3)(e).
Annual forecasting report 
14(1)  Subject to subsection (2), if a forecasting facility is in its first or 
a subsequent year of commercial operation in a year, the person 
responsible for the forecasting facility on September 30 of the year 
shall, on or before November 30, submit to the director an annual 
forecasting report with respect to the facility for the following year.
(2)  A person responsible for a forecasting facility is not required to 
submit an annual forecasting report with respect to the forecasting 
facility under subsection (1) for
	(a)	the year following the first year in which the forecasting 
facility has total regulated emissions of one megatonne or 
more, or
	(b)	the 2nd year following a year in which the forecasting facility 
has total regulated emissions of less than one megatonne.
(3)  The annual forecasting report must 
	(a)	be submitted in the form and manner prescribed by the 
director,
	(b)	include 
	(i)	a forecast of the forecasting facility's total regulated 
emissions for each reporting period for the following 
year, 
	(ii)	a forecast of the forecasting facility's production of 
each product that has an established benchmark or an 
assigned benchmark for each reporting period for the 
following year,
	(iii)	a forecast of the true-up obligation for the forecasting 
facility for each reporting period for the following year,
	(iv)	the ratio of fund credits to the sum of emission 
performance credits plus emission offsets that the 
person responsible will use to meet the facility's true-up 
obligation for all reporting periods for the following 
year, and
	(v)	any other information required by the director
		and
	(c)	be certified by the person responsible in the manner required 
by the director.
(4)  The person responsible for a forecasting facility may, in 
accordance with this section, submit a revised annual forecasting 
report for the remaining reporting periods in a year at the time the 
person responsible submits an interim compliance report for a 
reporting period in the year.
(5)  The person responsible for a facility shall comply with the rules 
and other requirements set out in Part 1 of the Standard for Completing 
Greenhouse Gas Compliance and Forecasting Reports in preparing and 
submitting an annual forecasting report for the facility under this 
section.
Part 3 
Emission Offsets, Emission 
Performance Credits 
and Fund Credits
Emission offset projects
15(1)  An emission offset project developer shall comply with the 
rules and other requirements set out in Part 1 of the Standard for 
Greenhouse Gas Emission Offset Project Developers 
	(a)	in initiating and implementing an emission offset project, and 
	(b)	in serializing emission offsets.
(2)  An emission offset must be verified by a third party verifier.
(3)  A third party verifier shall comply with the rules and other 
requirements set out in Part 1 of the Standard for Verification in 
verifying an emission offset.
Emission offsets
16(1)  A reduction in specified gas emissions or a sequestration of 
carbon dioxide, other than a geological sequestration, must meet the 
following requirements for the reduction or sequestration to constitute 
one or more emission offsets:
	(a)	the reduction or sequestration must occur in Alberta;
	(b)	the reduction or sequestration must result from an action 
taken that is not otherwise required by law at the time the 
action is taken;
	(c)	the reduction or sequestration must
	(i)	result from an action taken on or after January 1, 2002, 
and
	(ii)	occur on or after January 1, 2002;
	(d)	the reduction or sequestration must be real and demonstrable;
	(e)	the reduction or sequestration must be quantifiable and 
measurable, directly or by accurate estimation using 
replicable techniques.
(2)  A geological sequestration of carbon dioxide must meet the 
following requirements for the geological sequestration to constitute 
one or more emission offsets:
	(a)	the carbon dioxide that is geologically sequestered must be 
captured through a dedicated process from sources located at 
a facility in Alberta;
	(b)	the carbon dioxide must be stored in a geological formation 
that is located wholly or partly in Alberta;
	(c)	the geological sequestration of the carbon dioxide must not 
be required by law at the time the carbon dioxide is 
geologically sequestered;
	(d)	the construction of the infrastructure used to geologically 
sequester the carbon dioxide must have been initiated on or 
after January 1, 2002;
	(e)	the geological sequestration of the carbon dioxide must occur 
after January 1, 2002;
	(f)	the quantity of carbon dioxide that is geologically 
sequestered must be quantifiable and measurable, directly or 
by accurate estimation using replicable techniques.
(3)  A capture of carbon dioxide must meet the following requirements 
for the capture to constitute one or more emission offsets:
	(a)	the carbon dioxide must be captured through a dedicated 
process from sources located at a facility upgrading or 
refining bitumen in Alberta;
	(b)	the capture of the carbon dioxide must not be required by law 
at the time the carbon dioxide is captured;
	(c)	the construction of the infrastructure used to capture the 
carbon dioxide must have been initiated on or after January 
1, 2012 and the infrastructure must have been used to capture 
carbon dioxide before December 31, 2015;
	(d)	the carbon dioxide must be
	(i)	captured by infrastructure capable of capturing, and
	(ii)	stored in geological formations capable of storing
		1 000 000 tonnes of carbon dioxide per year;
	(e)	at least 51% of the volume of carbon dioxide captured 
through the dedicated process from sources located at a 
facility upgrading or refining bitumen in Alberta in a year 
must be sequestered in a geological formation in respect of 
which a pore space tenure agreement has been entered into 
with the Government of Alberta on or after January 1, 2011;
	(f)	the quantity of carbon dioxide that is captured must be 
quantifiable and measurable, directly or by accurate 
estimation using replicable techniques;
	(g)	the captured carbon dioxide must be geologically sequestered 
in accordance with subsection (2) on or before August 22, 
2025;
	(h)	the amount established under section 18(2) must be less than 
$80 at the time the captured carbon dioxide is geologically 
sequestered.
(4)  A one-tonne reduction in specified gas emissions, expressed on a 
CO2e basis, or a one-tonne net sequestration of carbon dioxide that 
meets the requirements of subsection (1), constitutes one emission 
offset.
(5)  A net geological sequestration of one tonne of carbon dioxide that 
meets the requirements of subsection (2) constitutes one emission 
offset.
(6)  The number of emission offsets constituted by a capture of carbon 
dioxide that meets the requirements of subsection (3) is determined as 
follows:
	(a)	if the amount established under section 18(2) is equal to or 
less than $40 at the time that the captured carbon dioxide is 
geologically sequestered, the number of emission offsets 
constituted is calculated in accordance with the following 
formula:
A x 1 
 
where
	A   	equals the emission offsets constituted by the  
net geological sequestration of the captured carbon 
dioxide that meets the requirements of subsection 
(2);
	(b)	if the amount established under section 18(2) is more than 
$40 but less than $80 at the time that the captured carbon 
dioxide is geologically sequestered, the number of emission 
offsets constituted is calculated in accordance with the 
following formula:
A x (80-B)/40 
 
where
	A   	equals the emission offsets constituted by the 
net geological sequestration of the captured carbon 
dioxide that meets the requirements of subsection 
(2);
	B   	equals the amount established under section 18(2).
(7)  An emission offset represents one tonne of specified gas 
emissions, expressed on a CO2e basis.
Emission performance credits
17(1)  If the total regulated emissions of a facility in reporting period 
four is less than the output-based allocation for the facility for 
reporting period four, the director shall issue one or more emission 
performance credits to the person responsible for the facility.
(2)  An emission performance credit represents one tonne of specified 
gas emissions, expressed on a CO2e basis.
(3)  The number of emission performance credits the director shall 
issue to the person responsible for the facility for the year must be 
determined in accordance with the following formula:
EPC = OBA - TRE 
 
where
	EPC 	is the number of emission performance credits, expressed in 
tonnes on a CO2e basis, the director shall issue to the person 
responsible;
	OBA	is the output-based allocation for the facility for reporting 
period four;
	TRE 	is the total regulated emissions for the facility for reporting 
period four.
Fund credits
18(1)  A person responsible may obtain fund credits by contributing 
money to the Fund.
(2)  The Minister may, by order, establish the amount of money that a 
person responsible must contribute to the Fund to obtain one fund 
credit.
(3)  A fund credit represents one tonne of specified gas emissions, 
expressed on a CO2e basis.
Use of emission offsets, emission performance  
credits and fund credits
19(1)  The following rules apply to the use of emission offsets in 
determining the net emissions for a facility under section 7:
	(a)	an emission offset must be held by the person responsible 
using it;
	(b)	an emission offset may only be used once;
	(c)	an emission offset may only be used if it has been verified as 
required by section 15(2);
	(d)	an emission offset serialized in respect of a reduction of 
specified gas, or net sequestration, net geological 
sequestration or capture of carbon dioxide, that occurred in 
2014 or a previous year may only be used for a reporting 
period in 2020 or a previous year;
	(e)	an emission offset serialized in respect of a reduction of 
specified gas, or net sequestration, net geological 
sequestration or capture of carbon dioxide, that occurred in 
2015 or 2016 may only be used for a reporting period in 2021 
or a previous year;
	(f)		an emission offset serialized in respect of a reduction of 
specified gas, or net sequestration, net geological 
sequestration or capture of carbon dioxide, that occurs in 
2017 or a subsequent year may only be used for a reporting 
period in a year within the 8-year period after the year in 
which the reduction, net sequestration, net geological 
sequestration or capture occurs.
(2)  The following rules apply to the use of emission performance 
credits in determining the net emissions for a facility under section 7:
	(a)	an emission performance credit created in a year may only be 
used for a reporting period in a subsequent year;
	(b)	an emission performance credit must be held by the person 
responsible using it;
	(c)	an emission performance credit may only be used once;
	(d)	an emission performance credit issued in respect of 2014 or a 
previous year may only be used for a reporting period in 
2020 or a previous year;
	(e)	an emission performance credit issued in respect of 2015 or 
2016 may only be used for a reporting period in 2021 or a 
previous year;
	(f)	an emission performance credit issued in respect of 2017 or a 
subsequent year may only be used for a reporting period in a 
year within the 8-year period after the year in respect of 
which the emission performance credit is issued.
(3)  The following rules apply to the use of fund credits in determining 
the net emissions for a facility under section 7:
	(a)	a fund credit may only be used once;
	(b)	a fund credit obtained on or before March 31 in a year may 
only be used for a reporting period in the previous year;
	(c)	a fund credit obtained after March 31 in a year may only be 
used for a reporting period in that year.
(4)  An emission offset, emission performance credit or fund credit 
may only be used by a person responsible for a facility in determining 
the net emissions for a facility under section 7 if the emission offset or 
emission performance credit is held, or the fund credit is obtained, by 
the person responsible on or before
	(a)	the date the compliance report or interim compliance report 
with respect to the reporting period is submitted, or
	(b)	the date by which the compliance report or interim 
compliance report is required to be submitted, in the event 
that the compliance report or interim compliance report is not 
submitted on or before that date.
(5)  For the purposes of determining the net emissions for a facility for 
a reporting period under section 7, subject to subsection (6), the person 
responsible for a facility shall not use 
	(a)	emission offsets, and 
	(b)	emission performance credits 
for more than a combined maximum of
	(c)	50% of the true-up obligation for the facility for a reporting 
period in 2018,
	(d)	55% of the true-up obligation for the facility for a reporting 
period in 2019, and
	(e)	60% of the true-up obligation for the facility for a reporting 
period in 2020 or a subsequent year.
(6)  For the purposes of determining the net emissions for a facility for 
a reporting period under section 7, the person responsible for a facility 
shall not use 
	(a)	emission offsets serialized in respect of a reduction of 
specified gas or net sequestration, net geological 
sequestration or capture of carbon dioxide that occurred in a 
year before 2017, and 
	(b)	emission performance credits issued in respect of a year 
before 2017 
for more than a combined maximum of 40% of the true-up obligation 
for the facility for the reporting period.
No right to emission offsets, fund credits 
and emission performance credits
20(1)  For greater certainty, emission offsets, emission performance 
credits and fund credits are revocable licences authorizing persons 
responsible, subject to this Part, to use the emission offsets, emission 
performance credits and fund credits in determining the net emissions 
for a facility under section 7.
(2)  Nothing in this Regulation ensures or guarantees the availability of 
emission offsets or emission performance credits.
Part 4 
General
Application for exemption
21   The director may, on application, exempt the person responsible 
for a facility from one or more of the duties imposed on persons 
responsible under Part 2 or section 19(5) or (6), subject to any terms or 
conditions the director considers appropriate, for a period not 
exceeding one year if the director is of the opinion that
	(a)	for a prolonged period the facility was operated under 
unusual conditions or was shut down, and
	(b)		the unusual conditions or shutdown caused a material 
reduction in the specified gas emissions of the facility during 
the period.
Director's powers on reviewing applications, etc.
22(1)  On reviewing an application, report or information submitted 
under this Regulation, or on considering emission offsets submitted for 
serialization by an emission offset project developer pursuant to the 
Standard for Greenhouse Gas Emission Offset Project Developers, the 
director may do one or more of the following:
	(a)	require the person responsible or emission offset project 
developer to provide additional information;
	(b)	require verification or further verification by a third party 
verifier of any information;
	(c)	collect any additional information or conduct any review that 
the director considers necessary;
	(d)	direct the person responsible, or emission offset project 
developer, to resubmit the application, report, emission 
offsets or information in accordance with any directions that 
the director considers necessary.
(2)  A third party verifier shall comply with the rules and other 
requirements set out in Part 1 of the Standard for Verification in 
providing a verification referred to in subsection (1)(b).
(3)  If the director requests or requires information to be provided by a 
person under subsection (1), the person shall provide to the director the 
information requested or required.
Additional measurements, metering and monitoring
23   The director may from time to time require a person responsible 
for a facility to implement new or additional measurements, metering 
or monitoring for the purpose of determining the output-based 
allocation for a facility under section 5 or the net emissions for a 
facility under section 7.
Qualifications and eligibility of third party verifiers
24(1)  A person is eligible to be a third party verifier under this 
Regulation if
	(a)	the person
	(i)	is registered as
	(A)	a professional engineer under the Engineering and 
Geoscience Professions Act, or
	(B)	a chartered professional accountant under the 
Chartered Professional Accountants Act,
			or
	(ii)	is a member of a profession
	(A)	in another province or territory of Canada that has 
substantially similar competence and practice 
requirements as a profession referred to in 
subclause (i), or
	(B)	in a jurisdiction outside of Canada that has 
substantially similar competence and practice 
requirements as a profession referred to in 
subclause (i) that has been approved by the 
director,
	(b)	the person has technical knowledge of
	(i)	specified gas emission quantification methodologies,
	(ii)	audit practices, and
	(iii)	any other matters considered relevant by the director, 
		and
	(c)	the person has any other qualifications that the director 
considers necessary.
(2)  A person is not eligible to be a third party verifier for a facility if 
the person
	(a)	is the person responsible for the facility or is a director, 
officer or employee of the person responsible for the facility 
or of an affiliate, within the meaning of section 2 of the 
Business Corporations Act, of the person responsible, or
	(b)	is an employee or agent of the Government.
(3)  The director may request evidence of a person's qualifications and 
eligibility as a third party verifier and may determine that the person is 
not eligible to perform the functions of a third party verifier if the 
director is not satisfied that the person possesses the necessary 
qualifications or is eligible.
Records and Forms
Request for confidentiality
25(1)  A person responsible for a facility may, in respect of an 
application under section 4, 9 or 21, a compliance report, interim 
compliance report, annual forecasting report, any information provided 
under section 22 or a verification, submit a written request that certain 
information be kept confidential for a period of 5 years after the date it 
is submitted or provided on the basis that the information is 
commercial, financial, scientific or technical information that would 
reveal proprietary business, competitive or trade secret information 
about a specific facility, technology or corporate initiative.
(2)  The director shall have regard to the following when making a 
decision on a request for confidentiality made under subsection (1):
	(a)	whether disclosure of the information could reasonably be 
expected to harm significantly the competitive position of the 
person responsible;
	(b)	whether disclosure of the information could reasonably be 
expected to interfere significantly with the negotiating 
position of the person responsible;
	(c)	whether disclosure of the information could reasonably be 
expected to result in undue financial loss or gain to any 
person or organization;
	(d)	the availability of the information or the means to obtain the 
information from other public sources;
	(e)	whether there are any other competing interests that would 
suggest that disclosure of the information is warranted.
(3)  The director may require a person responsible to provide 
additional reasons, in writing, in support of the request for 
confidentiality under subsection (1).
(4)  The director shall
	(a)	if the director considers that the request for confidentiality is 
well founded, approve the request and order that some or all 
of the information to which the request relates be kept 
confidential and not be disclosed for 5 years after the date it 
was submitted or provided, or
	(b)	refuse the request if the director considers that the request for 
confidentiality is not well founded.
(5)  The director shall, in writing, notify the person responsible of the 
director's decision under subsection (4) within 150 days after receiving 
the request for confidentiality.
(6)  Where the director is considering a request for confidentiality 
under this section, the information to which the request relates is 
prescribed as a class of prescribed information for the purposes of 
section 59 of the Act until a decision is made.
(7)  Where the director makes an order under subsection (4)(a), the 
information that is the subject of the order is prescribed as a class of 
prescribed information for the purposes of section 59 of the Act.
Annual report to Information and Privacy Commissioner
26   The director shall provide annually to the Information and Privacy 
Commissioner, in the form and manner the director considers 
appropriate, a report setting out the following:
	(a)	the number of requests received by the director under section 
25(1) in the year;
	(b)	the number of requests approved by the director under 
section 25(4)(a) in the year.
Access to applications and reports
27(1)  Subject to subsections (2) and (3), within a reasonable time 
after receiving a request in writing for a copy of an application for the 
assignment of an assigned benchmark, a compliance report or an 
interim compliance report, the director shall provide a copy of the 
application or report free of charge to the person requesting it.
(2)  The director is not required to provide a copy of an application or 
report under subsection (1) unless the director is satisfied that the 
person making the request has first made a request to obtain a copy of 
the application or report from the appropriate person responsible and 
that the request was refused or was not satisfied within 30 days after 
the date of the request.
(3)  Subsection (1) does not apply with respect to 
	(a)	prescribed information as defined in section 59 of the Act, or
	(b)	information pertaining to a matter that is the subject of 
enforcement proceedings under the Act or this Regulation.
Publication
28   Subject to section 59 of the Act, the director may, in any form and 
manner the director considers appropriate, publish
	(a)	an application for the assignment of an assigned benchmark, 
	(b)	a compliance report or an interim compliance report, or
	(c)	information in an application or report referred to in clause 
(a) or (b).
Retention of records
29(1)  The person responsible for a facility shall retain 
	(a)	all records and information respecting the direct emissions 
and production of the facility for at least 7 years after the date 
on which the records or information are created,
	(b)	a copy of an application for the assignment of an assigned 
benchmark for the facility together with the records and 
information on which the application was based for at least 7 
years after the year in which the assigned benchmark that 
was assigned on the basis of the application ceases to be an 
assigned benchmark for the facility, 
	(c)	a copy of a compliance report submitted in respect of the 
facility together with the records and information on which 
the compliance report was based for at least 7 years after the 
year in which the compliance report was submitted, and
	(d)	a copy of any information provided under section 22 for at 
least 7 years after the year in which the information was 
provided.
(2)  In addition to complying with subsection (1), the person 
responsible for a forecasting facility shall retain
	(a)	a copy of an interim compliance report submitted in respect 
of the facility together with the records and information on 
which the interim compliance report was based for 7 years 
after the year in which the interim compliance report was 
submitted, and
	(b)	a copy of an annual forecasting report submitted in respect of 
the facility together with the records and information on 
which the annual forecasting report was based for 7 years 
after the year in which the annual forecasting report was 
submitted.
(3)  In addition to complying with subsection (1), the person 
responsible for an opted-in facility shall retain
	(a)	a copy of the application for the facility to be designated as 
an opted-in facility together with the records and information 
on which the application was based for at least 7 years after 
the year in which the application was made, and
	(b)	a copy of any application for the designation of the facility as 
an opted-in facility to be revoked, together with the records 
and information on which the application was based for at 
least 7 years after the year in which the application was 
made.
(4)  An emission offset project developer shall retain all records and 
information associated with an emission offset until the later of 
	(a)	7 years after the day on which the emission offset is used by 
a person responsible for a facility to meet an output-based 
allocation, 
	(b)	8 years after the day on which the emission offset is 
serialized in accordance with the Standard for Greenhouse 
Gas Emission Offset Project Developers, and
	(c)	the day on which the emission offset may no longer be used 
under section 19.
(5)  Applications, records, reports and information required to be 
retained under this section must be retained 
	(a)	at the head or principal office, in Alberta, of the person 
responsible or emission offset project developer, as the case 
may be, or
	(b)	at the facility or the location of the emission offset project to 
which they relate.
Forms
30   The director may prescribe forms for the purposes of this 
Regulation.
Enforcement
Audits 
31   An inspector or investigator may undertake an audit of a person 
responsible, a facility, an emission offset project developer, an 
emission offset project or a third party verifier to verify the accuracy of 
information required to be provided by the Act or this regulation.
Offences
32   A person who
	(a)	contravenes section 6, 
	(b)	contravenes section 7(3) or (4), 9(2), (3) or (4), 12(1), (2), 
(3), (4) or (5), 13(1), (3), (4) or (5), 14(1), (3) or (5), 15(1), 
(2) or (3), 19(5) or (6), 22(2) or 29(1), (2), (3), (4) or (5),
	(c)	performs the functions of a third party verifier and does not 
have the qualifications referred to in, or is not eligible to be a 
third party verifier under, section 24, or
	(d)	retains a person as a third party verifier who does not have 
the qualifications referred to in, or is not eligible to be a third 
party verifier under, section 24.
is guilty of an offence.
Penalties
33(1)  A person who is guilty of an offence under section 32(a) is 
liable to a fine of not more than $200 for every tonne of specified gas 
expressed on a CO2e basis by which the net emissions for the facility 
exceeds the output-based allocation for the facility.
(2)  A person who is guilty of an offence under section 32(b), (c) or (d) 
is liable,
	(a)	in the case of an individual, to a fine of not more than 
$50 000, or 
	(b)	in the case of a corporation, to a fine of not more than 
$500 000.
Due diligence
34   No person shall be convicted of an offence under this Regulation 
if that person establishes on a balance of probabilities that the person 
took all reasonable steps to prevent its commission.
Part 5 
Transitional, Consequential 
Amendments, Review and  
Coming into Force
Transitional
35(1)  Notwithstanding section 4(3)(c), in the case of an application 
under section 4(2) for a facility to be designated as an opted-in facility 
for 2018, the application must be received by the director on or before 
June 1, 2018.
(2)  Notwithstanding section 9(1), if a product of a facility does not 
have an established benchmark and an assigned benchmark has not 
been assigned for the product under section 8(1)(a), the person 
responsible for the facility may, on or before September 1, 2018, apply 
to the director in accordance with section 9 for the assignment of an 
assigned benchmark for the product for 2018.
(3)  Notwithstanding section 10, the director may at any time review an 
assigned benchmark for a product of a facility for 2018 or 2019 and 
may assign a new assigned benchmark for the product if the director is 
of the opinion that a new assigned benchmark is appropriate. 
(4)  Notwithstanding section 14(1), in the case of a forecasting facility 
that is in its 2nd or subsequent year of commercial operation in 2018, 
the person responsible for the facility on January 15, 2018, shall 
submit the annual forecasting report with respect to the facility for 
2018 on or before January 15, 2018.
(5)  The designation of a facility as an opted-in facility under the 
Specified Gas Emitters Regulation (AR 139/2007) is not a designation 
of the facility as an opted-in facility for the purposes of this 
Regulation.
(6)  For greater certainty, the person responsible for a facility to which 
the Specified Gas Emitters Regulation (AR 139/2007) applies shall 
submit the compliance report required for 2017 under that regulation 
on or before March 31, 2018.
Transition allocation benchmark
36(1)  The Director may assign a transition allocation benchmark for 
2018 or 2019 for any product of a facility that has an established 
benchmark or an assigned benchmark, other than electricity or 
industrial heat.
(2)  Each transition allocation benchmark for a product of a facility 
must be determined in accordance with the Standard for Establishing 
and Assigning Benchmarks.
(3)  If the Director has assigned a transition allocation benchmark for a 
product of a facility for 2018 or 2019, then, for the purposes of this 
Regulation, the formula in section 5(1) shall be read as follows with 
respect to a reporting period in the year for which the transition 
allocation benchmark is assigned:
OBA = S (BEi-Y x Pi) + S(BAj-Y x Pj) - ((BEE-Y x IE) + 
                    i                          j  
      (BEHy-Y x IHy) + (BEIHe-Y x IHe)) + S (BTAk-Y x Pk) 
                                                              k
where 
 
each term that is given a meaning in section 5 has that meaning;
	BTAk-Y   	is the transition allocation benchmark for year Y for 
each product k;
	k             	is each product of the facility that has a transition 
allocation benchmark assigned under subsection (1);
	Pk           	is the production for each product k for the facility 
during the reporting period.
Consequential amendments
37  The Administrative Penalty Regulation (AR 140/2007) is 
amended in the Schedule
	(a)	by adding the following before section 2:
1.1   Carbon Competitiveness Incentive Regulation
	-	sections 6, 7(3) and (4), 9(2), (3) and (4), 12(1), (2), (3), 
(4) and (5), 13(1), (3), (4) and (5), 14(1), (3) and (5), 
15(1), (2) and (3), 19(5) and (6), 22(2) and 29(1), (2), 
(3), (4) and (5),
	(b)	in section 3 by adding "(AR 251/2004)" after "Specified 
Gas Reporting Regulation".
38   The Climate Leadership Regulation (AR 175/2016) is 
amended
	(a)	in section 1(1)
	(i)	in clause (gg) by striking out "Specified Gas 
Emitters Regulation" wherever it occurs and 
substituting "Carbon Competitiveness Incentive 
Regulation";
	(ii)	by repealing clause (hh);
	(b)	by repealing section 11(1) and substituting the 
following:
Exemptions from the carbon levy
11(1)  Subject to subsection (4), a consumer is exempt from 
paying the carbon levy on fuel used in the operation of a 
specified gas emitter if the emissions from the fuel are included 
in the determination of the total regulated emissions for the 
specified gas emitter under section 7(2) of the Carbon 
Competitiveness Incentive Regulation.
39   The Specified Gas Reporting Regulation (AR 251/2004) 
is amended
	(a)	in section 3
	(i)	by adding the following after subsection (1):
(1.1)  Where the Carbon Competitiveness Incentive 
Regulation applies to a facility but the person responsible 
for the facility is not required to submit a specified gas 
report under subsection (1), the person responsible for the 
facility shall submit a specified gas report in respect of 
the release of a specified gas into the environment at the 
facility.
	(ii)	in subsection (2)
	(A)	by adding the following after clause (a):
	(a.1)	must include any other information required 
by the Director,
	(B)	by repealing clause (b) and substituting 
the following:
	(b)	must disclose
	(i)	the information referred to in clause (a) 
in the form and manner required under 
the Standard, and
	(ii)	the information referred to in clause 
(a.1) in the form and manner required by 
the Director;
	(b)	in section 9(a) by striking out "3(1)" and 
substituting "3(1) or (1.1)".
Review
40   This Regulation must be reviewed
	(a)	on or before January 1, 2021, and 
	(b)	on or before January 1 of 2023 and of every 5th year after 
2023.
Coming into force
41   This Regulation comes into force on January 1, 2018.
 
Schedule 1 
 
Specified Gases

Specified Gas
Chemical Formula
Carbon dioxide
CO2
Methane
CH4
Nitrous oxide
N2O
HFC-23
CHF3
HFC-32
CH2F2
HFC-41
CH3F
HFC-43-10mee
C5H2F10
HFC-125
C2HF5
HFC-134
C2H2F4
HFC-134a
CH2FCF3
HFC-143
C2H3F3
HFC-143a
C2H3F3
HFC-152
CH2FCH2F 
HFC-152a
C2H4F2
HFC-161
CH3CH2F
HFC-236cb
CH2FCF2CF3
HFC-236ea
CHF2CHFCF3 
HFC-227ea
C3HF7
HFC-236fa
C3H2F6
HFC-245ca
C3H3F5
HFC-245fa
CHF2CH2CF3 
HFC-365mfc
CH3CF2CH2CF3
Sulphur hexafluoride
SF6
Perfluoromethane
CF4
Perfluoroethane
C2F6
Perfluorocyclopropane
c-C3F6
Perfluoroproprane
C3F8
Perfluorobutane
C4F10
Perfluorocyclobutane
c-C4F8
Perfluoropentane
C5F12
Perfluorohexane
C6F14
Perfluorodecalin
C10F18
Nitrogen triflouride
NF3 
Schedule 2 
 
Established Benchmarks for Products
Definitions
1(1)  Subject to subsection (2), in this Schedule, 
	(a)	"bituminous coal" means coal that is recovered or obtained 
from a coal mine located in the Foothills Natural Region or 
the Rocky Mountain Natural Region as defined in the Natural 
Regions and Sub-regions of Alberta published by the 
department, as amended or replaced from time to time;
	(b)	"electricity" means electricity that is exported from a facility;
	(c)	"hardwood kraft pulp" means wood pulp processed from 
hardwood species by a sulphate chemical process using 
cooking liquor;
	(d)	"industrial heat" means thermal energy that is exported from 
a facility to
	(i)	a different facility to which this Regulation applies, or
	(ii)	a facility at which the exemption under section 15(1)(d) 
of the Climate Leadership Act applies in respect of fuel 
used at the facility
		where the thermal energy is used for an industrial purpose;
	(e)	"oil sands in situ bitumen" means bitumen recovered from an 
in situ operation site as defined in the Oil Sands 
Conservation Act, using
	(i)	steam assisted gravity drainage or cyclic steam 
stimulation, or
	(ii)	another recovery technology that, in the opinion of the 
director, is reasonably comparable to steam assisted 
gravity drainage or cyclic steam stimulation;
	(f)	"oil sands mining bitumen" means bitumen that is recovered 
from a mine site as defined in the Oil Sands Conservation 
Act;
	(g)	"refining" means any manufacturing or industrial process 
that occurs at a refinery at which crude oil or bitumen is 
processed or refined into a transportation fuel;
	(h)	"softwood kraft pulp" means wood pulp processed from 
softwood species by a sulphate chemical process using 
cooking liquor.
(2)  If Part 1 of the Standard for Establishing and Assigning 
Benchmarks includes a definition of a product that is not defined in 
subsection (1), or includes a further definition of a product that is 
defined in subsection (1), then the definition or further definition 
applies to this Schedule unless a contrary intention appears in the 
Standard.


Table 
Established Benchmarks for Products
Product
Established 
benchmark for 
2018 (tonnes of 
CO2e per 
benchmark unit)
Established 
benchmark for 
2019 (tonnes of 
CO2e per 
benchmark unit)
Established 
benchmark for 
2020 (tonnes of 
CO2e per 
benchmark unit)
Established 
benchmark for 
2021 (tonnes of 
CO2e per 
benchmark unit)
Established 
benchmark for 
2022 (tonnes of 
CO2e per 
benchmark unit)
Established benchmark for 2023 and 
subsequent years (tonnes of CO2e per  
benchmark unit) is determined as 
follows:
Benchmark unit
Ammonia
1.942
1.942
1.935
1.928
1.921
*BE = **BEY-1 - ***0.007
Tonne
Ammonium nitrate
0.3260
0.3260
0.3250
0.3240
0.3230
BE = BEY-1 - 0.0010
Tonne
Bituminous coal
0.07053
0.07053
0.06982
0.06911
0.06840
BE = BEY-1 - 0.00071
Tonne
Cement
0.7853
0.7853
0.7823
0.7793
0.7763
BE = BEY-1 - 0.0030
Tonne
Electricity
0.3700
0.3700
0.3663
0.3626
0.3589
BE = BEY-1 - 0.0037
Megawatt hour
Hardwood kraft pulp
0.1768
0.1768
0.1751
0.1734
0.1717
BE = BEY-1 - 0.0017
Air dry metric tonne
Hydrogen
7.970
7.970
7.890
7.810
7.730
BE = BEY-1 - 0.080
Tonne
Industrial heat
0.06299
0.06299
0.06236
0.06173
0.06110
BE = BEY-1 - 0.00063
Gigajoule
Oil sands in situ 
bitumen
0.3504
0.3504
0.3469
0.3434
0.3399
BE = BEY-1 - 0.0035
m3 of bitumen
Oil sands mining 
bitumen
0.1954
0.1954
0.1934
0.1914
0.1894
BE = BEY-1 - 0.0020
m3 of bitumen
Refining
3.831
3.831
3.793
3.755
3.717
BE = BEY-1 - 0.038
Alberta complexity 
weighted barrel  
(in thousands)
Softwood kraft pulp
0.2416
0.2416
0.2392
0.2368
0.2344
BE = BEY-1 - 0.0024
Air dry metric tonne
Note:  The values in the columns for 2020, 2021 and 2022 reflect the application of an annual 1% tightening rate.
  *BE		is the established benchmark for the year.
 **BEY-1	is the established benchmark for the previous year.
***			is the tightening rate.