Alberta Gazette — 15 November 2019 (Part II)

15 November 2019

Alberta — Gazette

Alberta Regulation 128/2019

Business Corporations Act

BUSINESS CORPORATIONS AMENDMENT REGULATION

Filed: October 17, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 197/2019)

on October 17, 2019 pursuant to

section 266 of the Business Corporations Act.

1 The Business Corporations Regulation (AR 118/2000) is

amended by this Regulation.

Section 28 is amended

(

a) by repealing clause (a);

(

b) by adding the following after clause (c):

(c.1) "head office" means, in relation to a designated

extra-provincial corporation, the registered office in the

home jurisdiction of a designated extra-provincial

corporation;

(

c) by repealing clause (

e) and substituting the

following:

(e) "NUANS" means the Newly Upgraded Automated

Name Search system maintained by the Government of

Canada.

Section 29 is repealed and the following is substituted:

Designations

29(1) The following are designated as an extra-provincial registrar

to which this Regulation applies:

(

a) the Registrar of Companies appointed under the Business

Corporations Act, SBC 2002, c.57;

(

b) the Director appointed under The Corporations Act, CCSM

c.C225;

(

c) the Director of Corporations appointed under The Business

Corporations Act, RSS 1978, c.B-10.

(2) The following are designated as extra-provincial corporations to

which this Regulation applies:

(

a) corporations incorporated or continued under the Business

Corporations Act, SBC 2002, c.57;

(

b) corporations incorporated or continued under The

Corporations Act, CCSM c.C225;

(

c) corporations incorporated or continued under The Business

Corporations Act, RSS 1978, c.B 10.

4 Division 2 of

Part 2 is repealed.

Section 35 is amended

(

a) by repealing subsection (2) and substituting the

following:

(2) An application referred to in subsection (1) must be

accompanied with the following information and documents:

(

a) if the name of the designated extra-provincial

corporation contravenes

section 282 of the Act, the

assumed name of the designated extra-provincial

corporation;

(

b) the address of the head office of the designated

extra-provincial corporation;

(

c) a statement identifying the home jurisdiction of the

extra-provincial corporation;

(

d) the appointment of the designated extra-provincial

corporation's attorney for service and, if applicable,

alternative attorney for service, including the attorney's

and alternative attorney's name, physical address and, if

different from the physical address, mailing address;

(

e) any other information required by the Registrar.

(

b) in subsection (2.1) by striking out "subsection

(2)(b)(iv)" and substituting "subsection (2)(d)";

(

c) by adding the following after subsection (2.1):

(2.2) If the designated extra-provincial corporation does not

have as its name a number name, an application referred to in

subsection (1) must

(

a) include the number and date of an Alberta Search

Report from the NUANS dated not more than 90 days

prior to the date of the application, or

(

b) be accompanied with a request for the Registrar to

obtain the Alberta Search Report from the NUANS and

the fee referred to in

section 54(2).

(

d) in subsection (3) by striking out "in the form specified

in the applicable agreement".

Section 36 is repealed and the following is substituted:

Head office

36(1) When the Registrar receives information about the head

office or a change in the head office of a designated extra-provincial

corporation from the home registrar, the Registrar may file that

information as the head office information of the extra-provincial

corporation in the records of the Registrar.

(2) Any requirement to send notices, information or documents

to the head office is a requirement to send the notices, information or

documents to the head office as recorded in the records of the

Registrar.

(3) If a registered designated extra-provincial corporation ceases to

have a registered office in its home jurisdiction, the address of the

former registered office continues to be the address of the head

office in the records of the Registrar until

(

a) a new registered office is filed in the home jurisdiction, and

(

b) the Registrar receives and files the new head office

information.

7 The following is added after

section 37:

Collection of information

37.1(1) The Registrar may collect from a home registrar any

information or documents relating to extra-provincial corporations

that are submitted to or held by the home registrar, including,

without limitation, information and documents respecting the

following:

(

a) the status and change of status of a designated

extra-provincial corporation;

(

b) the name of a designated extra-provincial corporation;

(

c) a change in the name of a designated extra-provincial

corporation;

(

d) the head office or registered office of a registered designated

extra-provincial corporation;

(

e) a change in the head office or registered office of a registered

designated extra-provincial corporation;

(

f) the amalgamation of a registered designated extra-provincial

corporation;

(

g) the dissolution of a registered designated extra-provincial

corporation;

(

h) the continuance of a registered designated extra-provincial

corporation out of its home jurisdiction;

(

i) the continuance of an extra-provincial corporation into the

jurisdiction of a designated Registrar;

(

j) a correction of information or documents relating to a

registered designated extra-provincial corporation;

(

k) a corporate identification number used or collected for a

designated extra-provincial corporation;

(

l) the incorporation dates and the dates of other corporate

events;

(

m) the e-mail address or other contact information and changes

in the e-mail address or other contact information of a

designated extra-provincial corporation;

(

n) the jurisdiction of incorporation of a designated

extra-provincial corporation.

(2) Information in subsection (1) may be collected

(

a) from the home registrar, or

(

b) using any system or method designed for the sharing of

information between the Registrar and extra-provincial

registrars, including a system or method involving a third

party.

(3) The Registrar may file any information or documents collected

under subsection (1).

Complete information required

37.2(1) The Registrar may decline to file any information or

document or to issue any document in respect of any matter relating

to a designated extra-provincial corporation, including, without

limitation, the registration of the designated extra-provincial

corporation, until the Registrar has received from the home registrar

the information and documents relating to the matter that the

Registrar requires that are held by the home registrar.

(2) Subsection (1) applies despite any inconsistency or conflict with

a provision of the Act or a provision of this Regulation.

Form of submissions

37.3(1) An application, request, notice, information or document

required to be submitted to the Registrar under this Regulation must

be in the form or electronic format established by the Registrar.

(2) A person making any application, request, notice or other filing

to the Registrar under this Part must comply with any information or

action required by the Registrar concerning

(

a) the identification of an applicant or other person,

(

b) the applicant's relationship to the corporation, and

(

c) the security and identification requirements established by

the Registrar.

Section 38 is amended

(

a) by repealing subsection (2) and substituting the

following:

(2) A notice referred to in subsection (1) must

(

a) if the new name contravenes

section 282 of the Act,

include the new assumed name of the designated

extra-provincial corporation, and

(

b) include any other information required by the Registrar.

(

b) by adding the following after subsection (2):

(2.1) If the designated extra-provincial corporation does not

have as its name a number name, an application referred to in

subsection (1) must

(

a) include the number and date of an Alberta Search

Report from the NUANS dated not more than 90 days

prior to the date of the application, or

(

b) be accompanied with a request for the Registrar to

obtain the Alberta Search Report from the NUANS and

the fee referred to in

section 54(2).

(

c) in subsection (3) by striking out "in the form specified

in the applicable agreement";

(

d) by adding the following after subsection (3):

(4) Despite subsection (1), an extra-provincial corporation is not

required to provide notice if the extra-provincial corporation

(

a) changes its name to a number name, or

(

b) has its name changed to a number name by its home

registrar.

Section 39 is amended

(

a) by repealing subsection (2) and substituting the

following:

(2) An application referred to in subsection (1) must include the

information required by the Registrar.

(

b) by adding the following after subsection (2):

(2.1) If the designated extra-provincial corporation does not

have as its name a number name, an application referred to in

subsection (1) must

(

a) include the number and date of an Alberta Search

Report from the NUANS dated not more than 90 days

prior to the date of the application, or

(

b) be accompanied with a request for the Registrar to

obtain the Alberta Search Report from the NUANS and

the fee referred to in

section 54(2).

(

c) in subsection (3) by striking out "in the form specified

in the applicable agreement".

Section 40 is repealed.

Section 40.1 is repealed and the following is

substituted:

Designated extra-provincial corporation

continued into a new designated home jurisdiction

40.1 If a registered designated extra-provincial corporation

changes its home jurisdiction and is continued into the jurisdiction of

a new designated extra-provincial registrar and the continuation

results in a change of name,

section 38 applies.

Section 40.2 is repealed and the following is

substituted:

Registered extra-provincial corporation

continued into the jurisdiction of a

designated extra-provincial registrar

40.2 If a registered extra-provincial corporation changes its home

jurisdiction and is continued into the jurisdiction of a designated

extra-provincial registrar and the continuation results in a change of

name,

section 38 applies.

Section 40.3 is repealed and the following is

substituted:

Registered extra-provincial corporation

continued into Alberta

40.3 If a designated extra-provincial corporation changes its home

jurisdiction and is continued into Alberta, the Registrar may give

notice to the former home registrar.

Section 41 is amended

(

a) by repealing subsection (4)(a);

(

b) in subsection (5) by striking out "in the form specified

in the applicable agreement".

Section 42 is amended

(

a) by repealing subsection (2) and substituting the

following:

(2) A notice referred to in subsection (1) must be accompanied

with the following information and documents:

(

a) if the name of the amalgamated designated

extra-provincial corporation contravenes

section 282 of

the Act, the assumed name of the amalgamated

designated extra-provincial corporation;

(

b) the address of the head office of the amalgamated

designated extra-provincial corporation;

(

c) a statement identifying the home jurisdiction of the

extra-provincial corporation;

(

d) the appointment of the amalgamated designated

extra-provincial corporation's attorney for service and,

if applicable, alternative attorney for service, including

the attorney's and alternative attorney's name, physical

address and, if different from the physical address,

mailing address;

(

e) any other information required by the Registrar.

(

b) in subsection (2.1) by striking out "subsection

(2)(b)(iv)" and substituting "subsection (2)(d)";

(

c) by adding the following after subsection (2.1):

(2.2) If the designated extra-provincial corporation does not

have as its name a number name, an application referred to in

subsection (1) must

(

a) include the number and date of an Alberta Search

Report from the NUANS dated not more than 90 days

prior to the date of the application, or

(

b) be accompanied with a request for the Registrar to

obtain the Alberta Search Report from the NUANS and

the fee referred to in

section 54(2).

(

d) in subsection (3) by striking out "in the form specified

in the applicable agreement".

Section 43(2)(

a) is repealed.

Section 48 is repealed.

Section 49 is repealed.

Section 50 is repealed.

Section 53 is amended by striking out "(Newly Upgraded

Automated Name Search) system maintained by the Government of

Canada".

Section 54 is amended by renumbering it as

section

54(1) and by adding the following after subsection (1):

(2) The fee for the purpose of sections 35(2.2)(b), 38(2.1)(b),

39(2.1)(

b) and 42(2.2)(

b) is the fee required by the Government of

Canada in respect of an Alberta Search Report from the NUANS

plus $1.

Section 56 is amended by striking out "December 31,

2019" and substituting "December 31, 2022".

23(1) This Regulation, except

section 22, comes into force

on a day determined by an order of the Minister.

(2) A copy of the order must be published in

Part 1 of The

Alberta Gazette.

(3) The Minister may issue more than one order under

subsection (1) at different times, which orders may

determine different days on which different portions of this

regulation, except

section 22, come into force.

--------------------------------

Alberta Regulation 129/2019

Partnership Act

PARTNERSHIP AMENDMENT REGULATION

Filed: October 17, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 199/2019)

on October 17, 2019 pursuant to sections 80.1 and 104.1 of the Partnership Act.

1 The Partnership Regulation (AR 105/2009) is amended by

this Regulation.

Section 6(

b) and (

f) are repealed.

Section 7 is repealed and the following is substituted:

Designations

7(1) The registrar as defined in the Partnership Act, RSBC 1996,

c348 is designated as an extra-provincial registrar to which this Part

applies.

(2) The registrar as defined in The Partnership Act, RSS 1978, cP-3

is designated as an extra-provincial registrar to which this Part

applies.

(3) The Director as defined in The Partnership Act, CCSM cP30 is

designated as an extra-provincial registrar to which this Part applies.

(4) The extra-provincial limited partnerships that are formed under

the Partnership Act, RSBC 1996, c348, The Partnership Act, RSS

1978, cP-3 or The Partnership Act, CCSM cP30 are designated as

extra-provincial limited partnerships to which this Part applies.

(5) The extra-provincial limited liability partnerships that are

registered as limited liability partnerships under the Partnership Act,

RSBC 1996, c348, The Partnership Act, RSS 1978, cP-3 or The

Partnership Act, CCSM cP30 are designated as extra-provincial

limited liability partnerships to which this Part applies.

4 The heading after

section 7 is repealed and the following

is substituted:

Division 2

Alberta LLPs

Section 8(1) is repealed and the following is substituted:

Registration in jurisdiction of designated

extra-provincial registrar

8(1) An Alberta LLP may request the Registrar to act under this

Division in respect of the Alberta LLP's application for registration

in the jurisdiction of a designated extra-provincial registrar.

Section 9(1) is repealed and the following is substituted:

Maintaining registration

9(1) A registered Alberta LLP may request the Registrar to act

under this Division in respect of extra-provincial matters in the

jurisdiction of a designated extra-provincial registrar in which the

registered Alberta LLP is registered.

Section 11 is amended

(

a) in subsection (1) by striking out "registered Alberta

limited partnership or";

(

b) in subsection (2) by striking out "registered Alberta

limited partnership or";

(

c) in subsection (3) by striking out "registered Alberta

limited partnership or".

Section 13(2) is repealed and the following is

substituted:

(2) An application referred to in subsection (1) must be

accompanied with the following information and documents:

(

a) the name of the designated extra-provincial limited

partnership;

(

b) a statement identifying the home jurisdiction of the

designated extra-provincial limited partnership;

(

c) the names and addresses of the general partners of the

designated extra-provincial limited partnership;

(

d) any other information required by the Registrar.

Section 14(2) is amended by striking out "must be submitted

to the home registrar and".

Section 15(2) is repealed and the following is

substituted:

(2) A notice referred to in subsection (1) must include

(

a) where a person is becoming a general partner under

subsection (1)(a), the address of that person, and

(

b) any other information required by the Registrar.

Section 16(2)(

a) is repealed.

Section 16.1(2)(

a) is amended by striking out "to the home

registrar".

Section 32 is repealed and the following is substituted:

Collection of information

32(1) The Registrar may, with respect to a designated

extra-provincial limited liability partnership, collect from a

designated extra-provincial registrar any information or documents

specified in the applicable agreement that are submitted to or held by

the designated extra-provincial registrar, including, without

limitation, information and documents respecting the following:

(

a) the application for registration of a designated

extra-provincial limited liability partnership;

(

b) a change in the name of a registered designated

extra-provincial limited liability partnership;

(

c) the application to cancel its registration of a designated

extra-provincial limited liability partnership;

(

d) a change in the head office of a registered designated

extra-provincial limited liability partnership;

(

e) a change in the attorney for service of a registered designated

extra-provincial limited liability partnership or in the address

of the attorney for service;

(

f) a registered designated extra-provincial limited liability

partnership ceasing to have the status of a limited liability

partnership in its governing jurisdiction;

(

g) the cancellation of the registration of a registered designated

extra-provincial limited liability partnership in its governing

jurisdiction;

(

h) a correction of information or documents relating to a

registered designated extra-provincial limited liability

partnership.

(2) The Registrar may, with respect to a designated extra-provincial

limited partnership, collect from a designated extra-provincial

registrar any information or documents that are submitted to or held

by the designated extra-provincial registrar, including, without

limitation, information and documents respecting the following:

(

a) the registration status and change of status of a designated

extra-provincial limited partnership;

(

b) the name or change in the name of a designated

extra-provincial limited partnership;

(

c) the name and address of the general partners of a designated

extra-provincial limited partnership or any changes in the

name or address of a general partner;

(

d) the dissolution of a designated extra-provincial limited

partnership in its home jurisdiction;

(

e) the cancellation of the registration of a designated

extra-provincial limited partnership in its home jurisdiction;

(

f) a correction of information or documents relating to a

designated extra-provincial limited partnership.

(3) Information and documents referred to in this

section may be

collected

(

a) from the home registrar, or

(

b) using any system or method designed for the sharing of

information between the Registrar and extra-provincial

registrars, including a system or method involving a third

party.

(4) The Registrar may file any information or documents collected

under this

section in the records of the Registrar.

Section 33 is repealed and the following is substituted:

Complete information required

33(1) The Registrar may decline to file any information or

document or to issue any document in respect of any matter relating

to a designated extra-provincial limited partnership or a designated

extra-provincial limited liability partnership, including, without

limitation, the registration of the designated extra-provincial limited

partnership or the designated extra-provincial limited liability

partnership, until the Registrar has received from the home registrar

the information and documents relating to the matter

(

a) that are required to be submitted to the home registrar by the

designated extra-provincial limited liability partnership, and

(

b) that the Registrar requires that are held by the home registrar.

(2) Subsection (1) applies despite any inconsistency or conflict with

a provision of

Part 2 of the Act, or a provision of this Regulation.

Section 34 is repealed and the following is substituted:

Form of submissions

34(1) An application, request, notice, information or document

required to be submitted under this Regulation must be in the form

or electronic format established by

(

a) the home registrar for a designated extra-provincial limited

liability partnership, and

(

b) the Home Registrar for a designated extra-provincial limited

partnership.

(2) A person making an application, request, notice, information or

document required to be submitted under this Regulation must

comply with the security and identification requirements established

by the Registrar.

Section 39 is amended by striking out "October 31, 2019"

and substituting "October 31, 2022".

17(1) This Regulation, except

section 16, comes into force

on a day determined by an order of the Minister.

(2) A copy of the order must be published in

Part 1 of The

Alberta Gazette.

(3) The Minister may issue more than one order under

subsection (1) at different times, which orders may

determine different days on which different portions of this

regulation except

section 16, come into force.

--------------------------------

Alberta Regulation 130/2019

Assured Income for the Severely Handicapped Act

ASSURED INCOME FOR THE SEVERELY HANDICAPPED

GENERAL AMENDMENT REGULATION

Filed: October 17, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 203/2019)

on October 17, 2019 pursuant to

section 12 of the Assured Income for the Severely

Handicapped Act.

1 The Assured Income for the Severely Handicapped

General Regulation (AR 91/2007) is amended by this

Regulation.

Section 1(1)(

c) is amended by adding "or" at the end of

subclause (i), by striking out "or" at the end of subclause (ii)

and by repealing subclause (iii).

3 The following is added after

section 2:

Benefit commencement date

2.1(1) In this section, "commencement date" means the first day of

the month in which a director receives the information that the

director considers necessary to determine whether a person is

eligible to receive a benefit.

(2) A director shall not provide a person who is eligible under the

Act and this Regulation with a benefit under

section 2 in respect of

any period before the commencement date.

Section 10(2) is amended by adding "that is a debt due"

after "by the client".

Section 16 is repealed.

Schedule 2 is amended in

section 2(2) by adding the

following after clause (i):

(i.1) a payment of a non-recurring nature received from a First

Nation that is paid equally to each member on the First

Nation's band list and that has been exempted by the

Minister for the purpose of this clause, and any asset to the

extent it was purchased with that payment;

Schedule 3 is amended by repealing

section 5 and

substituting the following:

Children's education

5 An education benefit may be provided for a client's dependent

child for fees and costs to attend school from pre-school to high

school when the child is registered to attend.

Alberta Regulation 131/2019

Health Professions Act

LICENSED PRACTICAL NURSES PROFESSION

AMENDMENT REGULATION

Filed: October 17, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 204/2019)

on October 17, 2019 pursuant to

section 131 of the Health Professions Act.

1 The Licensed Practical Nurses Profession Regulation

(AR 81/2003) is amended by this Regulation.

Section 1 is amended

(

a) by repealing clauses (g), (

h) and (i);

(

b) by adding the following before clause (j):

(i.1) "provisional register" means the provisional register

category of the regulated members register;

(

c) by repealing clauses (l), (

m) and (n).

Section 2 is amended

(

a) by repealing clauses (

b) and (c);

(

b) in clause (

d) by striking out "temporary" and

substituting "provisional".

Section 4 is repealed.

Section 5 is repealed and the following is substituted:

Limited practice, transitional

5 On the coming into force of this section, a regulated member

registered on the limited practice register is deemed to be registered

on the general register.

Section 6 is amended

(

a) by striking out "temporary" wherever it occurs and

substituting "provisional";

(

b) by adding the following after subsection (6):

(7) On the coming into force of this subsection, a regulated

member registered on the temporary register is deemed to be

registered on the provisional register.

Section 7(1) is amended by striking out "specified purposes"

and substituting "specified purpose".

Section 8 is amended by striking out "or specialized register,

as determined by the Registrar to be appropriate".

Section 9(1) is amended by striking out "3, 4 or 6"

wherever it occurs and substituting "3 or 6".

10 Sections 13 to 19 are repealed and the following is

substituted:

Authorized activities

13(1) A regulated member may, in the practice of licensed practical

nursing, perform the following restricted activities in accordance

with the standards of practice:

(

a) with the exception of the activities described in

section

16(1)(a), inserting or removing instruments, devices, fingers

or hands

(

i) beyond the point in the nasal passages where they

normally narrow,

(ii) beyond the pharynx,

(iii) beyond the opening of the urethra,

(iv) beyond the labia majora,

(

v) beyond the anal verge, or

(vi) into an artificial opening into the body;

(

b) with the exception of the activity described in

section 16(1)(b),

administering anything by an invasive procedure on body tissue

below the dermis for the purpose of administering injections or

for starting a peripheral intravenous line;

(

c) administering vaccines for the purpose of providing

immunizations where the recipient of the immunization is 5

years of age or older;

(

d) administering blood or blood products;

(

e) subject to subsection (2), dispensing a

Schedule 1 or

Schedule 2 drug within the meaning of the Pharmacy and

Drug Act when incidental to the practice of licensed practical

nursing;

(

f) subject to subsection (3), applying non-ionizing radiation in

ultrasound imaging.

(2) A regulated member referred to in subsection (1) shall not

dispense a

Schedule 1 or

Schedule 2 drug within the meaning of the

Pharmacy and Drug Act if that drug is set out in a

Schedule to the

Controlled Drugs and Substances Act (Canada), unless that drug has

been specifically exempted for the purpose of this

section in the

standards of practice.

(3) A regulated member referred to in subsection (1) shall only

apply non-ionizing radiation in ultrasound imaging to a fetus for the

purpose of fetal heart rate monitoring.

Activities authorized with supervision

14 A regulated member may, in the practice of licensed practical

nursing, perform the following restricted activities in accordance

with the standards of practice:

(

a) if an authorized practitioner is on site and available to

provide assistance

(

i) where it is specifically authorized by an authorized

practitioner, inserting liquid, under pressure, into the ear

canal for the purpose of removing wax from ears;

(ii) administering diagnostic imaging contrast agents with

direction from an authorized practitioner;

(

b) if an authorized practitioner is on site and available to

provide immediate assistance, administering nitrous oxide for

the purposes of anaesthesia or sedation.

Psychosocial intervention

15(1) Subject to subsection (2), a regulated member may, in the

practice of licensed practical nursing and in accordance with the

standards of practice, as a member of a multi-disciplinary team,

perform a psychosocial intervention with an expectation of treating a

substantial disorder of thought, mood, perception, orientation or

memory that grossly impairs

(

a) judgment,

(

b) behaviour,

(

c) capacity to recognize reality, or

(

d) ability to meet the ordinary demands of life.

(2) A regulated member shall only perform a psychosocial

intervention referred to in subsection (1) with direction from an

authorized practitioner who is available for consultation.

Activities requiring advance authorization

16(1) A regulated member who has completed advanced training

approved by the Registrar and has been specifically authorized to do

so by the Registrar on the basis of that training may, in the practice

of licensed practical nursing, perform the following restricted

activities in accordance with the standards of practice:

(

a) inserting or removing instruments, devices, fingers or hands

into an artificial opening into the body for the purposes of

performing dialysis;

(

b) administering medication by an invasive procedure on body

tissue below the dermis for the purpose of administering

medication into a central venous line, peripherally inserted

central catheter or an implanted venous access device;

(

c) administering parenteral nutrition.

(2) A regulated member who has completed advanced training

approved by the Council and has been specifically authorized to do

so by the Registrar on the basis of that training may, in the practice

of licensed practical nursing and in accordance with the standards of

practice, perform the restricted activity of cutting a body tissue,

administering anything by an invasive procedure on body tissue or

performing surgical or other invasive procedures on body tissue

below the dermis for the purposes of performing the following

activities:

(

a) removing a corn or callus as part of the provision of foot

care;

(

b) performing activities under the direction of an authorized

practitioner who is performing surgery.

Activities requiring advance authorization and supervision

17 A regulated member who has completed advanced training

approved by the Council and has been specifically authorized to do

so by the Registrar on the basis of that training may, in the practice

of licensed practical nursing and in accordance with the standards of

practice, perform the restricted activity of setting or resetting a

fracture of a bone for the purposes of inserting and removing

orthopaedic devices and applying casts, if

(

a) the regulated member has direction from an authorized

practitioner, and

(

b) an authorized practitioner is on site and available to provide

assistance.

Section 21 is amended

(

a) in subsection (1) by striking out "is enrolled in a

specialized practice program approved by the Council and

who is receiving training" and substituting "is receiving

training approved by the Registrar";

(

b) in subsection (3) by striking out "temporary" and

substituting "provisional".

12 This Regulation comes into force on February 1, 2020.

--------------------------------

Alberta Regulation 132/2019

Alberta Capital Finance Authority Act

ALBERTA CAPITAL FINANCE AUTHORITY

AMENDMENT REGULATION

Filed: October 24, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 208/2019)

on October 24, 2019 pursuant to

section 35 of the Alberta Capital Finance Authority

Act.

1 The Alberta Capital Finance Authority Regulation

(AR 258/2006) is amended by this Regulation.

2 The following is added after

section 1.1:

Restriction on powers

1.2(1) This

section applies if a local authority has been allotted

shares under

section 8 of the Act.

(2) The Corporation shall not

(

a) take any action based on a resolution made on or after the

coming into force of this section, without the prior approval

of the Minister,

(

b) implement new lending policies, standards or procedures or

amended lending policies, standards or procedures on or after

the coming into force of this section, without the prior

approval of the Minister, or

(

c) take any action for the benefit of shareholders allotted shares

under

section 8(1)(

b) to (

g) of the Act to the exclusion of the

shareholder allotted shares under

section 8(1)(

a) of the Act

that would materially diminish the Corporation's financial

position.

--------------------------------

Alberta Regulation 133/2019

Climate Change and Emissions Management Act

TECHNOLOGY INNOVATION AND

EMISSIONS REDUCTION REGULATION

Filed: October 29, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 213/2019)

on October 29, 2019 pursuant to sections 5 and 60 of the Climate Change and

Emissions Management Act.

Part 1 Interpretation and Application

Interpretation

2 Incorporation of standards

3 Rules respecting large emitters

Part 2

Emissions Reduction

Opted-in and Aggregate Facilities

4 Opted-in facilities

5 Aggregate facilities

Benchmarks

6 High-performance benchmarks

7 Facility-specific benchmarks

8 Compliance cost containment allocation benchmarks

Allowable Emissions

9 Large emitters and opted-in facilities - allowable emissions

10 Aggregate facilities - allowable emissions

11 Allocation rate

12 Duty to not exceed allowable emissions

13 Net emissions

Compliance Cost Containment

14 Cost containment designation

Reports

15 Compliance report

16 Annual forecasting report

17 Emissions reduction plan report

Part 3

Emission Offsets, Emission Performance

Credits and Fund Credits

18 Emission offset projects

19 Emission offsets

20 Emission performance credits

21 Fund credits

22 Cancellation of and nature of emission offsets,

emission performance credits and fund credits

Part 4

General

Administration

23 Powers of Minister and director

24 Exemptions

25 Duty to notify director

26 Duty to comply

27 Third party assurance providers

Records

28 Request for confidentiality

29 Access to applications and reports

30 Publication

31 Record retention

Enforcement

32 Audits

33 Offences

34 Penalties

35 Due diligence

Transitional, Consequential Amendments, Repeal,

Review and Expiry and Coming into Force

36 Transitional

37 Consequential amendments

38 Repeal

39 Review and expiry

40 Coming into force

Schedules

Part 1 Interpretation and Application

Interpretation

1(1) In this Regulation,

(a) "Act" means,

(

i) until December 31, 2019, the Climate Change and

Emissions Management Act, and

(ii) on and after January 1, 2020, the Emissions

Management and Climate Resilience Act;

(b) "aggregate facility" means a group of 2 or more conventional

oil and gas facilities designated as an aggregate facility by

the director under

section 5;

(

i) for a large emitter or opted-in facility, as determined in

accordance with

section 9, or

(ii) for an aggregate facility, as determined in accordance

with

section 10;

(d) "annual forecasting report" means a report under

section 16;

(e) "benchmark" means the emissions intensity assigned for a

product for allocation purposes;

(f) "benchmark unit" means the unit of measure of a product for

a benchmark;

(g) "biomass CO2 emissions" means all emissions of carbon

dioxide released from sources located at a facility as a result

of the decomposition, fermentation or combustion of

biomass;

(h) "CO2e tonnes" in respect of a specified gas means the carbon

dioxide equivalent tonnes determined in accordance with

subsection (3);

(i) "compliance cost containment allocation benchmark" means

a benchmark assigned under

section 8;

(j) "compliance report" means a report under

section 15;

(k) "conventional oil and gas facility" means

(

i) a facility for extracting, from an underground geological

deposit or reservoir, gas, oil or primary bitumen,

(ii) a facility for processing gas,

(iii) a facility for the primary processing of oil or primary

bitumen,

(iv) a facility for disposing of waste, in an underground

geological formation, resulting from an activity

described in subclauses (

i) to (iii),

(

v) a facility for transporting, in a pipeline, gas, oil or

primary bitumen, but does not include

(

A) any facility that constitutes a distribution system

for the distribution of gas within a community to

ultimate consumers, or

(

B) any facility for transporting oil, gas or primary

bitumen across a provincial or international border,

(vi) a facility for storing gas, oil or primary bitumen in the

course of the gas, oil or primary bitumen being

transported by a facility included in the definition in

subclause (

v) but does not include a large emitter;

(l) "cost containment designation" means a designation issued

under

section 14(6);

(m) "department" means the department administered by the

Minister;

(n) "direct emissions" means the quantity of all specified gases

released from sources located at a facility, expressed in CO2e

tonnes, not including biomass CO2 emissions;

(o) "electricity facility" means a facility that produces electricity

as a primary product or both electricity and industrial heat as

primary products;

(p) "emission offset" means an instrument serialized on the

Alberta Emissions Offset Registry

(

i) on or after January 1, 2020, in recognition of a

reduction in the release of a specified gas or a

sequestration or geological sequestration of, or a capture

of, carbon dioxide that meets the requirements of

section 19,

(ii) on or after January 1, 2018 and before January 1, 2020,

in recognition of a reduction in the release of a specified

gas or a sequestration of, or a capture of, carbon dioxide

that met the requirements of

section 16 of the Carbon

Competitiveness Incentive Regulation (AR 255/2017)

(repealed), or

(iii) before January 1, 2018, in recognition of a reduction in

the release of a specified gas or a sequestration of, or a

capture of, carbon dioxide that met the requirements of

section 7 of the Specified Gas Emitters Regulation

(AR 139/2007) (expired);

(q) "emission offset project" means a project undertaken to

generate emission offsets;

(r) "emission offset project developer" in respect of an emission

offset project means the person registered as the project

developer of the emission offset project on the Alberta

Emissions Offset Registry;

(s) "emission performance credit" means

(

i) an emission performance credit issued under

section 20,

(ii) an emission performance credit issued under

section 17

of the Carbon Competitiveness Incentive Regulation

(AR 255/2017) (repealed), or

(iii) an emission performance credit issued under

section 9

of the Specified Gas Emitters Regulation

(AR 139/2007) (expired);

(t) "emissions intensity" means the quantity of specified gases,

expressed in CO2e tonnes, released in the production of a

benchmark unit of a product;

(u) "emissions reduction plan" means a plan or updated plan

referred to in

section 14(2) or 17(3);

(v) "emissions reduction plan report" means a report under

section 17;

(w) "facility" means

(

i) a plant, structure, thing or site, or

(ii) any 2 or more contiguous or adjacent plants, structures,

things or sites

(

A) that are operated and function in an integrated

fashion, and

(

B) for which the same person is the person

responsible,

where one or more activities listed in any of sections 2 to 11

of the

Schedule of Activities to the Environmental Protection

and Enhancement Act occur, including all the buildings,

equipment, structures, machinery and vehicles that are part of

the activity or activities;

(x) "facility-specific benchmark" means a benchmark assigned

under

section 7;

(y) "forecasting facility" means a large emitter that has total

regulated emissions of 1 000 000 CO2e tonnes or more in

2016 or a subsequent year;

(z) "Fund" means the Technology Innovation and Emissions

Reduction Fund continued by the Act;

(aa) "fund credit" means a fund credit obtained under

section 21;

(bb) "high-performance benchmark" means a benchmark set out

in the Table in

Schedule 2 or established by the Minister

under

section 6;

(cc) "large emitter" means, subject to

section 3, a facility that has

direct emissions of 100 000 CO2e tonnes or more in 2016 or

a subsequent year;

(dd) "net emissions" means the net emissions for a regulated

facility determined under

section 13;

(ee) "net geological sequestration" means the quantity of carbon

dioxide that is sequestered in a geological formation, less the

quantity of specified gases, expressed in CO2e tonnes,

released as a result of the sequestration activity;

(ff) "net sequestration" means the quantity of carbon dioxide

sequestered in a sink, other than a geological formation, less

the quantity of specified gases, expressed in CO2e tonnes,

released as a result of the sequestration activity;

(gg) "opted-in facility" means a facility designated as an opted-in

facility under

section 4;

(hh) "person responsible" means, subject to subsection (2)(c),

(

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;

(ii) "primary bitumen" means bitumen, other than oil sands in

situ bitumen as defined in

section 1(1)(

j) of

Schedule 2 or oil

sands mining bitumen as defined in

section 1(1)(

k) of

Schedule 2, that is extracted from a well;

(jj) "primary processing" means any processing of oil or primary

bitumen that is for the principal purpose of removing any of

the following:

(

i) water;

(ii) hydrocarbon liquids or gases;

(iii) sulphur compounds;

(iv) contaminants;

(

v) any combination of 2 or more things listed in subclauses

(

i) to (iv);

(kk) "product" means

(

i) an end product or intermediate product produced by a

regulated facility, or

(ii) an input, output, process or other thing specified under

subsection (4) as a product produced by a regulated

facility;

(ll) "production" means the quantity, expressed in the applicable

benchmark unit, of a product produced by a regulated

facility;

(mm) "regulated facility" means an aggregate facility, large emitter

or opted-in facility;

(nn) "renewable electricity facility" means an electricity 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;

(oo) "specified gas" means a gas listed in the Specified Gas

column of

Schedule 1;

(pp) "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;

(qq) "Standard for Developing Benchmarks" means the Standard

for Developing Benchmarks, published by the department, as

amended or replaced from time to time;

(rr) "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;

(ss) "Standard for Validation, Verification and Audit" means the

Standard for Validation, Verification and Audit, published by

the department, as amended or replaced from time to time;

(tt) "third party assurance provider" means a person who is

eligible to be a third party assurance provider under

section

27;

(uu) "total regulated emissions" means the total regulated

emissions for a regulated facility determined in accordance

with

section 13(3) or (4);

(vv) "true-up obligation" means the quantity by which a regulated

facility's total regulated emissions in a year exceeds the

regulated facility's allowable emissions for the year;

(ww) "year" means a calendar year unless otherwise specified.

(2) Except where otherwise indicated, for the purposes of this

Regulation, the person responsible for

(

a) a large emitter in respect of a year is the person who is the

person responsible for the large emitter on the last day of the

year,

(

b) an opted-in facility in respect of a year is the person who is

the person responsible for the opted-in facility on the last day

of the year, and

(

c) an aggregate facility

(

i) in respect of the first year for which the aggregate

facility is designated as an aggregate facility is the

person responsible who signed the application under

section 5(1), and

(ii) in respect of any other year is the person who is the

person responsible for the aggregate facility on the first

day of the year,

regardless of whether that person continues to satisfy the

criteria set out in subsection (1)((hh) with respect to any

facility that is part of the aggregate facility during the year.

(3) For the purposes of this Regulation, a quantity of a specified gas,

expressed in tonnes, is converted into carbon dioxide equivalent tonnes

by multiplying that quantity by the global warming potential set out for

the specified gas in the Standard for Completing Greenhouse Gas

Compliance and Forecasting Reports.

(4) The director may specify an input, output, process or other thing as

a product produced by a regulated facility for the purposes of this

Regulation.

(5) For the purposes of this Regulation, a large emitter or opted-in

facility is considered to begin commercial operation on January 1 of

the year immediately following the year in which the large emitter or

opted-in facility first produces a product.

(6) Notwithstanding subsection (5), the director may designate the

year of commercial operation that a large emitter or opted-in facility is

in for the purposes of this Regulation if

(

a) the large emitter or opted-in facility

(

i) is in its 3rd or 4th year of commercial operation and is

experiencing or has experienced a significant disruption

resulting in the large emitter or opted-in facility having

significantly less production than anticipated for an

extended period of time,

(ii) is undergoing or has undergone a significant expansion,

(iii) is undergoing or has undergone a significant change,

and

(

b) the director considers it appropriate to make the designation.

(7) The director shall not make more than one designation under

subsection (6) with respect to a particular significant disruption,

significant expansion or significant change.

(8) In determining whether it is appropriate to make a designation

in respect of a large emitter or opted-in facility under subsection (6), the

director must consider

(

a) in the case of a significant disruption experienced by a large

emitter or opted-in facility, the nature and extent of the delay

in reaching or sustaining anticipated production levels and

the effect of the delay on specified gas emissions,

(

b) in the case of a significant expansion or significant change

undergone by a large emitter or opted-in facility, the nature

and extent of the expansion or change and the technologies

employed in the expansion or change that affect specified gas

emissions, and

(

c) 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.

(9) Notwithstanding subsection (5), the director may, on request of the

person responsible for a large emitter or opted-in facility, designate

that the large emitter or opted-in facility is in its 3rd or a subsequent

year of commercial operation for the purposes of this Regulation.

(10) The director shall not make a designation under subsection

(9) unless the director receives the request of the person responsible for

the large emitter or opted-in facility on or before November 30 of the

year for which the designation is requested.

(11) For the purposes of sections 8(4)(

a) and 14(6)(

c) and (12)(e),

whether the person responsible for a large emitter or opted-in facility is

likely to experience economic hardship attributable to the compliance

costs incurred in respect of the large emitter or opted-in facility must

be determined in accordance with the Standard for Developing

Benchmarks.

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 Completing Greenhouse Gas Compliance and

Forecasting Reports;

(

b) Standard for Developing Benchmarks;

(

c) Standard for Greenhouse Gas Emission Offset Project

Developers;

(

d) Standard for Validation, Verification and Audit.

Rules respecting large emitters

3(1) If a facility, other than an opted-in facility or an aggregate

facility, begins to have direct emissions of 100 000 CO2e tonnes or

more in 2019 or a subsequent year, this Regulation does not apply to

the facility until the year after the year in which the facility begins to

have direct emissions of 100 000 CO2e tonnes or more.

(2) An opted-in facility, or a facility that is part of an aggregate

facility, that begins to have direct emissions of 100 000 CO2e tonnes or

Part 2

Emissions Reduction

Opted-in and Aggregate Facilities

Opted-in facilities

4(1) In this section,

(a) "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%;

(b) "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;

established in accordance with the Standard for Developing

Benchmarks;

(d) "sector" means the part of the economy consisting of entities

that produce goods or services that are the same or

substantially the same;

(e) "trade exposure" means the ratio of A to B

where

A is the total value in dollars of all end products produced

by the sector in Alberta that are exported from Alberta

plus the total value in dollars of all end products

produced by the sector that are imported into Alberta;

B is the total value in dollars of all end products produced

by the sector in Alberta plus the total value in dollars of

all end products produced by the sector that are

imported into Alberta.

(2) Subject to subsection (11), the 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 September 1 of the

year preceding the year in which the designation is requested

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),

and

(

b) the director is satisfied that

(

i) the facility competes directly with a facility to which

this Regulation applies, or

(ii) the facility is in an emissions-intensive-trade-exposed

sector and that the facility

(

A) had direct emissions of 10 000 CO2e tonnes or

section 7(4) of the Renewable Electricity Act, or

(

c) in the opinion of the director, an economic benefit is being

provided in respect of the renewable electricity facility under

a program or other scheme that is attributable to the

electricity produced at the renewable electricity facility

having been produced from an energy resource referred to in

section 1(1)(nn).

Aggregate facilities

5(1) The person responsible for 2 or more conventional oil and gas

facilities may apply to the director

(

a) for a group of 2 or more of the conventional oil and gas

facilities to be designated as an aggregate facility, or

(

b) for an amendment of a designation held by the person

responsible under subsection (3) to add a conventional oil

and gas facility to an aggregate facility.

(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 received by the director on or before December 1 of the

year preceding the year in which the designation or

amendment of the designation is requested to be effective.

(3) The director may designate a group of two or more conventional

oil and gas facilities as an aggregate facility, or amend a designation to

add a conventional oil and gas facility to an aggregate facility, if

(

a) the application meets the requirements under subsection (2),

(

b) the director is satisfied that the same person is the person

responsible for each of the conventional oil and gas facilities

to be included in the aggregate facility, and

(

c) none of the conventional oil and gas facilities to be included

in the aggregate facility is a large emitter, an opted-in facility

or a part of another aggregate facility.

(4) The director shall notify the person responsible for the

conventional oil and gas facilities in respect of which an application is

made under subsection (1) in writing of the director's decision as to

whether to

(

a) designate the group of conventional oil and gas facilities as

an aggregate facility, or

(

b) amend the designation of an aggregate facility to add a

conventional oil and gas facility.

(5) Notwithstanding any change in the person responsible for a

conventional oil and gas facility or other circumstance that could affect

the inclusion of a conventional oil and gas facility in an aggregate

facility, subject to subsection (8), if a conventional oil and gas facility

is part of an aggregate facility on January 1 of a year, the conventional

oil and gas facility continues to be part of the aggregate facility for the

whole year.

(6) Subject to subsection (5), the director may amend the designation

of an aggregate facility to remove a conventional oil and gas facility

from the aggregate facility on the request of the person responsible if

the request is received on or before December 1 of the year preceding

the year for which the amendment is requested to be effective.

(7) The director shall amend the designation of an aggregate facility to

remove a conventional oil and gas facility from the aggregate facility if

(

a) the conventional oil and gas facility ceases to be a

conventional oil and gas facility,

(

b) the conventional oil and gas facility has direct emissions of

100 000 CO2e tonnes or more in a year,

(

c) the conventional oil and gas facility is decommissioned,

(

d) the person responsible for the conventional oil and gas

facility determined in accordance with the criteria in

section

1(1)(hh) has changed, unless the same change has occurred

with respect to every other conventional oil and gas facility

included in the aggregate facility, or

(

e) the conventional oil and gas facility is designated as an

opted-in facility.

(8) The amendment of a designation under subsection (6) or (7) is

effective

(

a) at the end of the day on December 31 of the year

(

i) for which the amendment under subsection (6) is

requested to be effective, or

(ii) in which an event referred to in subsection (7)(

a) to (

d) occurs,

(

b) immediately on the conventional oil and gas facility being

designated as an opted-in facility as referred to in subsection

(7)(e).

(9) The person responsible for an aggregate facility may apply to the

director for the aggregate facility designation to be revoked.

(10) An application under subsection (9) 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 December 1 of the

year preceding the year in which the revocation is requested

to be effective.

(11) The director may revoke the designation of a group of

conventional oil and gas facilities as an aggregate facility

(

a) on the application of the person responsible if the application

meets the requirements under subsection (10), or

(

b) if only one conventional oil and gas facility remains in the

aggregate facility.

(12) The revocation of a designation of a group of conventional oil

and gas facilities as an aggregate facility may only be made effective at

the end of the day on December 31 of a year.

(13) The director shall notify the person responsible for an aggregate

facility in writing of the director's decision as to whether to revoke the

designation of the group of conventional oil and gas facilities as an

aggregate facility.

(14) The person responsible for an aggregate facility that has been

notified that the designation of the group of conventional oil and gas

facilities as an aggregate facility has been revoked shall submit the

compliance report for the last year that the designation was in effect on

or before June 30 of the following year.

Benchmarks

High-performance benchmarks

6(1) Subject to subsection (2), a product listed in the Table in

Schedule 2 has the respective high-performance benchmark and

benchmark unit listed in the Table in

Schedule 2.

(2) The Minister may, by order,

(

a) establish a high-performance benchmark and benchmark unit

for a product not listed in the Table in

Schedule 2, or

(

b) in the case of a product that is listed in the Table in

Schedule

2, substitute a high-performance benchmark and benchmark

unit in place of the high-performance benchmark and

benchmark unit listed in the Table.

(3) An order under subsection (2) must be published on a publicly

accessible page on the department's website.

Facility-specific benchmarks

7(1) If the director considers it appropriate to do so, the director may,

on the director's own initiative or on the application of the person

responsible for a regulated facility under subsection (2),

(

a) assign a facility-specific benchmark and benchmark unit for a

product of a regulated facility and specify the year for which

the facility-specific benchmark and benchmark unit is

applicable, or

(

b) subject to subsection (6), at any time review a

facility-specific benchmark and benchmark unit for a product

of a regulated facility and assign a new facility-specific

benchmark and benchmark unit for the product and specify

the year for which the facility-specific benchmark and

benchmark unit is applicable.

(2) The person responsible for a regulated facility may apply to the

director

(

a) for the assignment of a facility-specific benchmark and

benchmark unit for a product of the regulated facility that

does not have a facility-specific benchmark on or before

September 1 of the year in which the person responsible first

wants to use a facility-specific benchmark and benchmark

unit for the product in determining the allowable emissions

for the regulated facility, or

(

b) for the review of a facility-specific benchmark and

benchmark unit for a product of the regulated facility and the

assignment of a new facility-specific benchmark and

benchmark unit for the product on or before September 1 of

the year in which the person responsible first wants to use a

new facility-specific benchmark or benchmark unit for the

product in determining the allowable emissions for the

regulated 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 verified by a third party assurance provider as required by

the director.

(4) The person responsible for a regulated facility shall comply with

the rules and other requirements set out in

Part 1 of the Standard for

Developing Benchmarks in preparing and submitting an application for

(

a) the assignment of a facility-specific benchmark and

benchmark unit, or

(

b) the review of a facility-specific benchmark and benchmark

unit and the assignment of a new facility-specific benchmark

and benchmark unit.

(5) A third party assurance provider shall comply with the rules and

other requirements set out in

Part 1 of the Standard for Validation,

Verification and Audit in providing a verification referred to in

subsection (3)(c).

(6) The director shall not review a facility-specific benchmark for a

product of a regulated facility and assign a new facility-specific

benchmark for the product unless the director is of the opinion that

(

a) the facility-specific benchmark may be inaccurate,

(

b) the regulated facility has undergone a significant expansion

or significant change,

(

c) the product has significantly changed, or

(

d) production of the product by the regulated facility has

decreased significantly and the decrease is attributable to the

provisions of

(

i) an enactment of Alberta, other than the Act or this or

another regulation under the Act, or

(ii) an enactment of Canada or any other province or

territory of Canada.

(7) Each facility-specific benchmark for a product of a regulated

facility must be determined in accordance with the Standard for

Developing Benchmarks.

(8) In assigning a facility-specific benchmark for a product of a

regulated facility, the director may specify that a product of the facility

that would otherwise have a high-performance benchmark is included

in the product for which the facility-specific benchmark is assigned

and that, accordingly, the high-performance benchmark for the product

does not apply.

(9) The director shall give the person responsible for a regulated

facility written notice of the facility-specific benchmarks and

benchmark units for the products of the regulated facility.

Compliance cost containment allocation benchmarks

8(1) Subject to subsection (4), if a cost containment designation is in

effect for a large emitter or opted-in facility for a year, the director

may

(

a) on the application of the person responsible for the large

emitter or opted-in facility under subsection (2), assign a

compliance cost containment allocation benchmark for the

year for any product, except electricity, of the large emitter or

opted-in facility that has a high-performance benchmark or

facility-specific benchmark for the year, or

(

b) subject to subsection (5), on the director's own initiative or

on the application of the person responsible for the large

emitter or opted-in facility, at any time review a compliance

cost containment allocation benchmark for a product of a

large emitter or opted-in facility and assign a new

compliance cost containment allocation benchmark for the

product and specify the year for which the compliance cost

containment allocation benchmark is applicable.

(2) The person responsible for a large emitter or opted-in facility that

is applying for a cost containment designation or in respect of which a

cost containment designation is in effect may apply to the director

(

a) to receive a compliance cost containment allocation

benchmark for a product of the large emitter or opted-in

facility for a year that the cost containment designation is

being applied for or is in effect, or

(

b) for a review of a compliance cost containment allocation

benchmark.

(3) An application under subsection (2) must

(

a) be submitted in the form and manner prescribed by the

director,

(

b) contain the information required by the director, and

(

c) be submitted on or before March 31 of the year following the

year in which the person responsible wants to use a

compliance cost containment allocation benchmark for the

product in determining the allowable emissions for the large

emitter or opted-in facility.

(4) The director may assign a compliance cost containment allocation

benchmark for a product of a large emitter or opted-in facility for a

year only if

(

a) the person responsible for the large emitter or opted-in

facility is likely to experience economic hardship in the year

attributable to the compliance costs incurred in respect of the

large emitter or opted-in facility after taking into account the

combined effects of

(

i) the operation of

section 13(11) in respect of the large

emitter or opted-in facility,

(ii) the total amount of any benefits that have been, are

being or will be provided in respect of the year to the

person responsible for the large emitter or opted-in

facility in respect of the large emitter or opted-in facility

under an initiative of the Government of Alberta, or an

agency of the Government of Alberta, that are funded

out of the Fund, and

(iii) any compliance cost containment allocation benchmarks

the director has assigned or is considering assigning for

other products of the large emitter or opted-in facility

for the year,

and

(

b) the director is satisfied that the product constitutes a

significant portion of the total production of the large emitter

or opted-in facility or is otherwise fundamental to the

continued operation of the large emitter or opted-in facility.

(5) The director shall review a compliance cost allocation benchmark

for a product of a large emitter or opted-in facility and may assign a

new compliance cost containment allocation benchmark for the

product if the director is of the opinion that there is a discrepancy

between the data on which the compliance cost containment allocation

benchmark was based and the compliance report for the year.

(6) Each compliance cost containment allocation benchmark for a

product of a facility must be determined in accordance with the

Standard for Developing Benchmarks.

Allowable Emissions

Large emitters and opted-in

facilities - allowable emissions

9(1) Subject to subsections (2) and (3), the quantity of allowable

emissions, expressed in CO2e tonnes, for a large emitter or opted-in

facility for a year is determined in accordance with the following

formula:

AE = ä (ARi-Y x Pi) - ((BHPE-Y x IE) + (BHPHy-Y x IHy) + (BHPIHe-Y x IHe))

i=1

where

AE is the quantity of allowable emissions, expressed in

CO2e tonnes, for the large emitter or opted-in facility for

the year;

ARi-Y is the allocation rate for year Y for each product i as

determined in accordance with

section 11;

i is each product of the large emitter or opted-in facility

that has an allocation rate;

Y is the year;

Pi is the production of each product i for the large emitter

or opted-in facility for the year;

BHPE-Y is the high-performance benchmark for year Y for

electricity;

IE is the electricity that is imported by the large emitter or

opted-in facility, expressed in megawatt hours, during

the year;

BHPHy-Y is the high-performance benchmark for year Y for

hydrogen;

IHy

(

a) in the case of a large emitter or opted-in facility

producing a product with a benchmark unit of

Alberta complexity weighted barrel is zero, and

(

b) in the case of any other large emitter or opted-in

facility is the quantity of hydrogen, expressed in

tonnes, that is imported by the large emitter or

opted-in facility during the year;

BHPIHe-Y is the high-performance benchmark for year Y for

industrial heat;

IHe is the quantity of heat, expressed in gigajoules, that is

imported by the large emitter or opted-in facility during

the year.

(2) If the director has assigned a compliance cost containment

allocation benchmark for a product of a large emitter or opted-in

facility for which a cost containment designation is in effect, the

formula in subsection (1) shall be read as follows with respect to the

year for which the compliance cost containment allocation benchmark

is assigned:

AE = ä (ARi-Y x Pi) - ((BHPE-Y x IE) + (BHPHy-Y x IHy) + (BHPIHe-Y x IHe))

i=1

+ ä (BCCAj-Y x Pj)

j=1

where

each term that is given a meaning in subsection (1) has

that meaning;

BCCAj-Y is the compliance cost containment allocation

benchmark for year Y for each product j;

j is each product of the large emitter or opted-in facility

that has a compliance cost containment allocation

benchmark for year Y;

Pj is the production of each product j for the large emitter

or opted-in facility for year Y.

(3) If the quantity determined under subsection (1) or (2) for a year is

less than zero, the large emitter or opted-in facility has zero allowable

emissions for the year.

Aggregate facilities - allowable emissions

10(1) Subject to subsection (2), the quantity of allowable emissions,

expressed in CO2e tonnes, for an aggregate facility for a year is

determined in accordance with the following formula:

AE = ä (ARi-Y x Pi)

i=1

where

AE is the quantity of allowable emissions, expressed in

CO2e tonnes, for the aggregate facility for the year;

ARi -Y is the allocation rate for year Y for each product i as

determined in accordance with

section 11;

i is each product of the aggregate facility that has an

allocation rate;

Y is the year;

Pi is the production of each product i for the aggregate

facility for the year.

(2) If the quantity determined under subsection (1) for a year is less

than zero, the aggregate facility has zero allowable emissions for the

year.

Allocation rate

11 For the purposes of sections 9 and 10, the allocation rate for a

product of a regulated facility for a year is the greater of

(

a) the high-performance benchmark for the product for the year,

and

(

b) the facility-specific benchmark for the product for the year.

Duty to not exceed allowable emissions

12(1) The person responsible for a large emitter or opted-in facility,

other than an electricity facility, that is in its 3rd or subsequent year of

commercial operation shall comply with the requirement that the net

emissions for the large emitter or opted-in facility for a year shall not

exceed the allowable emissions for the large emitter or opted-in facility

for the year.

(2) The person responsible for an aggregate facility shall comply with

the requirement that the net emissions for the aggregate facility for a

year shall not exceed the allowable emissions for the aggregate facility

for the year.

(3) The person responsible for an electricity facility shall comply with

the requirement that the net emissions for the electricity facility for a

year shall not exceed the allowable emissions for the electricity facility

for the year.

Net emissions

13(1) In this section,

(a) "Class III well" means a well that is classified as a Class III

well under Directive 051: Injection and Disposal Wells -

Well Classifications, Completions, Logging, and Testing

Requirements, published by the Alberta Energy Regulator, as

amended from time to time;

(b) "raw gas" means raw gas as defined in the Oil and Gas

Conservation Act.

(2) For the purposes of

section 12, the quantity of net emissions,

expressed in CO2e tonnes, for a regulated facility for a year is

determined in accordance with the following formula:

NE = TRE - (EO + EPC + FC)

where

NE is the quantity of net emissions, expressed in CO2e tonnes,

for the regulated facility for the year;

TRE is the quantity of total regulated emissions determined in

accordance with subsection (3) or (4), whichever applies;

EO is the quantity of specified gases, expressed in CO2e tonnes,

represented by the emission offsets used for the year, in

accordance with the rules set out in this section, by the

person responsible for the regulated facility;

EPC is the quantity of specified gases, expressed in CO2e tonnes,

represented by the emission performance credits used for the

year, in accordance with the rules set out in this section, by

the person responsible for the regulated facility;

FC is the quantity of specified gases, expressed in CO2e tonnes,

represented by the fund credits used for the year, in

accordance with the rules set out in this section, by the

person responsible for the regulated facility.

(3) For the purposes of subsection (2), the quantity of total regulated

emissions, expressed in CO2e tonnes, for a large emitter or opted-in

facility for a year is determined in accordance with the following

formula:

TRE = DE - ICO2 + ECO2 + UCO2

where

TRE is the quantity of total regulated emissions, expressed in

CO2e tonnes, for the large emitter or opted-in facility for the

year;

DE is the direct emissions for the large emitter or opted-in

facility for the year;

ICO2 is the quantity of carbon dioxide, expressed in tonnes,

imported by the large emitter or opted-in facility during the

year from another regulated facility, excluding any carbon

dioxide removed from raw gas and disposed of, as an acid

gas stream, to an underground formation through a Class III

well in a scheme approved under

section 39(1)(

d) of the Oil

and Gas Conservation Act;

ECO2 is the quantity of carbon dioxide, expressed in tonnes, that is

exported from the large emitter or opted-in facility during the

year, excluding any carbon dioxide removed from raw gas

and disposed of, as an acid gas stream, to an underground

formation through a Class III well in a scheme approved

under

section 39(1)(

d) of the Oil and Gas Conservation Act;

UCO2 is the quantity of carbon dioxide, expressed in tonnes, used

by the large emitter or opted-in facility as feedstock for the

production of urea during the year.

(4) For the purposes of subsection (2), the quantity of total regulated

emissions for an aggregate facility, expressed in CO2e tonnes, for a

year is determined in accordance with the following formula:

TRE = ESFC + ECO2A

where

TRE is the quantity of total regulated emissions, expressed in

CO2e tonnes, for the aggregate facility for the year;

ESFC is the quantity of specified gas emissions, expressed in

CO2e tonnes, not including the quantity of biomass CO2

emissions, resulting from the combustion of solid, liquid

or gaseous fuel from stationary fuel combustion devices

at an aggregate facility for the primary purpose of

providing useful heat, or energy, for industrial,

commercial or institutional use;

ECO2A is the quantity of carbon dioxide, expressed in tonnes,

resulting from the combustion of solid, liquid or

gaseous fuel from stationary fuel combustion devices at

an aggregate facility for the primary purpose of

providing useful heat, or energy, for industrial,

commercial or institutional use, that is exported from

the aggregate facility during the year.

(5) The person responsible for a regulated facility shall comply with

the following rules in using an emission offset in determining the net

emissions for the regulated facility under this section:

(

a) an emission offset may only be used by the person

responsible that holds the emission offset;

(

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 18(2);

(

d) an emission offset serialized on the Alberta Emissions Offset

Registry in recognition of a reduction of specified gas

emissions or a net sequestration, net geological sequestration

or capture of carbon dioxide that occurred in 2014 or a

previous year may only be used for 2020 or a previous year;

(

e) an emission offset serialized on the Alberta Emissions Offset

Registry in recognition of a reduction of specified gas

emissions or a net sequestration, net geological sequestration

or capture of carbon dioxide that occurred in 2015 or 2016

may only be used for 2021 or a previous year;

(

f) an emission offset serialized on the Alberta Emissions Offset

Registry in recognition of a reduction of specified gas

emissions or a net sequestration, net geological sequestration

or capture of carbon dioxide that occurred in 2017 or a

subsequent year may only be used for a year within the

8-year period after the year in which the reduction of

specified gas emissions or net sequestration, net geological

sequestration or capture of carbon dioxide occurred.

(6) The person responsible for a regulated facility shall comply with

the following rules in using an emission performance credit in

determining the net emissions for a regulated facility under this

section:

(

a) an emission performance credit created in a year may only be

used for a subsequent year;

(

b) an emission performance credit may only by used by the

person responsible that holds the emission performance

credit;

(

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 2020 or a previous year;

(

e) an emission performance credit issued in respect of 2015 or

2016 may only be used for 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 year within the

8-year period after the year in respect of which the emission

performance credit is issued.

(7) The person responsible for a regulated facility shall comply with

the following rules in using a fund credit in determining the net

emissions for a regulated facility under this section:

(

a) a fund credit may only be used once;

(

b) unless otherwise authorized by the director in writing, a fund

credit obtained on or before June 30 in a year may only be

used for the previous year;

(

c) unless otherwise authorized by the director in writing, a fund

credit obtained after June 30 in a year may only be used for

that year;

(

d) a fund credit may only be used by the person responsible that

obtained the fund credit and may only be used in respect of

the regulated facility in respect of which it was obtained.

(8) The person responsible for a regulated facility shall not use an

emission offset, emission performance credit or fund credit in

determining the net emissions for the regulated facility under this

section unless the emission offset or emission performance credit is

held by the person responsible on, or the fund credit is obtained by the

person responsible on or before,

(

a) the date the compliance report with respect to the year is

submitted, or

(

b) the date by which the compliance report is required to be

submitted, in the event that the compliance report is not

submitted on or before that date.

(9) Subject to subsection (11), for the purposes of determining the net

emissions for a regulated facility for a year under this section, the

person responsible for the regulated facility shall not use

(

a) emission offsets, and

(

b) emission performance credits

for more than a combined maximum of 60% of the true-up obligation

for the regulated facility.

(10) Subject to subsection (11), for the purposes of determining the

net emissions for a regulated facility for a year under this section, the

person responsible for the regulated facility shall not use

(

a) emission offsets serialized on the Alberta Emission Offset

Registry in recognition of a reduction in specified gas

emissions or a 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 regulated facility.

(11) Subsections (9) and (10) do not apply to a regulated facility in

respect of which a cost containment designation is in effect.

(12) The person responsible for a regulated facility in respect of a year

shall determine the net emissions for the year on or before the date on

which the compliance report is required to be submitted for that year.

Compliance Cost Containment

Cost containment designation

14(1) The person responsible for a large emitter or opted-in facility

may apply to the Minister for a cost containment designation in respect

of the large emitter or opted-in facility.

(2) An application under subsection (1) must

(

a) be submitted in the form and manner prescribed by the

Minister,

(

b) include financial statements for the large emitter or opted-in

facility that have been audited, as provided for by the

Standard for Validation, Verification and Audit, by a

professional accounting firm registered under the Chartered

Professional Accountants Act and authorized to perform an

audit engagement,

(

c) include an emissions reduction plan that must

(

i) be submitted in the form and manner prescribed by the

Minister,

(ii) include the information required by the Minister, and

(iii) be validated by a third party assurance provider,

(

d) include a statement of the total amount of any benefits that

have been, are being or will be provided to the person

responsible for the large emitter or opted-in facility in respect

of the large emitter or opted-in facility under an initiative of

the Government of Alberta or an agency of the Government

of Alberta,

(

e) include any other information required by the Minister,

(

f) be certified by the person responsible for the large emitter or

opted-in facility in the manner required by the Minister, and

(

g) be received by the Minister on or before March 31 of the year

following the first year in respect of which the designation is

requested to be effective.

(3) The person responsible for a large emitter or opted-in facility shall

comply with the rules and other requirements set out in

Part 1 of the

Standard for Developing Benchmarks in preparing and submitting

(

a) an application for a cost containment designation, and

(

b) an emissions reduction plan.

(4) An auditor shall comply with the rules and other requirements set

out in

Part 1 of the Standard for Validation, Verification and Audit in

providing an audit referred to in subsection (2)(b).

(5) A third party assurance provider shall comply with the rules and

other requirements set out in

Part 1 of the Standard for Validation,

Verification and Audit in providing a validation referred to in

subsection (2)(c)(iii).

(6) The Minister may issue a cost containment designation in respect

of a large emitter or opted-in facility to the person responsible for the

large emitter or opted-in facility if

(

a) the application meets the requirements under subsection (2),

(

b) the large emitter or opted-in facility produces a product, other

than electricity, that has a high-performance benchmark or a

facility-specific benchmark,

(

c) the person responsible for the large emitter or opted-in

facility is likely to experience economic hardship attributable

to the compliance costs incurred in respect of the large

emitter or opted-in facility for one or more years for which

the designation is requested, and

(

d) implementation of the emissions reduction plan will reduce

the emissions intensity with respect to the large emitter or

opted-in facility.

(7) The Minister may refuse to issue a cost containment designation in

respect of a large emitter or opted-in facility to the person responsible

for the large emitter or opted-in facility in any of the following

circumstances:

(

a) the person responsible for the large emitter or opted-in

facility is not in compliance with the Act or the regulations

under the Act or any other enactment under the

administration of the Minister with respect to the large

emitter or opted-in facility;

(

b) the large emitter or opted-in facility is a subject of, or is

subject to,

(

i) receivership, insolvency or bankruptcy actions or

proceedings,

(ii) proceedings under the Companies' Creditors

Arrangement Act (Canada), or

(iii) seizure, foreclosure, distress or other enforcement

actions or proceedings;

(

c) the total amount of one or more benefits that have been, are

being or will be provided to the person responsible for the

large emitter or opted-in facility in respect of the large

emitter or opted-in facility under an initiative of the

Government of Alberta, or an agency of the Government of

Alberta, exceeds, or is considered by the Minister to be

comparable to, the value of fund credits that would be needed

to meet the true-up obligation for the large emitter or

opted-in facility for any year for which the person

responsible has requested the cost containment designation if

only fund credits were used to meet the true-up obligation for

that year;

(

d) a cost containment designation was previously issued in

respect of the large emitter or opted-in facility and was

revoked under subsection (12)(a), (b), (

c) or (d).

(8) The Minister may

appropriate on a cost containment designation,

(

b) amend a term or condition of, add a term or condition to or

delete a term or condition from a cost containment

designation, and

(

c) subject to subsection (12), set out in a cost containment

designation the years for which the designation is in effect.

(9) The person responsible for a large emitter or opted-in facility in

respect of which a cost containment designation has been issued shall

designation.

(10) The Minister shall notify the person responsible for a large

emitter or opted-in facility in writing of the Minister's decision as to

whether to issue a cost containment designation in respect of the large

emitter or opted-in facility.

(11) A cost containment designation is effective for a period of not

more than 5 consecutive years as specified by the Minister, but the

person responsible for a large emitter or opted-in facility may, at any

time, apply under subsection (1) for another cost containment

designation.

(12) The Minister may revoke a cost containment designation

(

a) if the person responsible for the large emitter or opted-in

facility is not in compliance with the Act or the regulations

under the Act or any other enactment under the

administration of the Minister with respect to the large

emitter or opted-in facility,

(

b) if the Minister is of the opinion that the person responsible

for the large emitter or opted-in facility has not complied

with a term or condition of the cost containment designation,

(

c) if the large emitter or opted-in facility is a subject of, or is

subject to,

(

i) receivership, insolvency or bankruptcy actions or

proceedings,

(ii) proceedings under the Companies' Creditors

Arrangement Act (Canada), or

(iii) seizure, foreclosure, distress or other enforcement

actions or proceedings,

(

d) if the total amount of one or more benefits that have been, are

being or will be provided to the person responsible for the

large emitter or opted-in facility in respect of the large

emitter or opted-in facility under an initiative of the

Government of Alberta, or an agency of the Government of

Alberta, exceeds, or is considered by the Minister to be

comparable to, the value of the fund credits that would be

needed to meet the true-up obligation for any year for which

the cost containment designation is in effect for the large

emitter or opted-in facility if

(

i) compliance cost containment allocation benchmarks

were not applicable for the large emitter or opted-in

facility for that year, and

(ii) only fund credits were used to meet the true-up

obligation for the large emitter or opted-in facility for

that year,

(

e) if it is no longer likely that the person responsible for the

large emitter or opted-in facility will experience economic

hardship attributable to the compliance costs incurred in

respect of the large emitter or opted-in facility, or

(

f) on the request of the person responsible for the large emitter

or opted-in facility.

(13) The Minister shall notify the person responsible for a large

emitter or opted-in facility in writing of the Minister's decision to

revoke a cost containment designation issued in respect of the large

emitter or opted-in facility.

Reports

Compliance report

15(1) The person responsible for a large emitter or opted-in facility,

other than an electricity facility, that is in its 3rd or a subsequent year

of commercial operation in a year shall submit to the director a

compliance report for the large emitter or opted-in facility for a year on

or before June 30 of the following year.

(2) The person responsible for an aggregate facility shall submit to the

director a compliance report for the aggregate facility for each year the

aggregate facility is designated as an aggregate facility on or before

June 30 of the following year.

(3) The person responsible for an electricity facility shall submit to the

director a compliance report for the electricity facility for each year the

electricity facility is a large emitter or opted-in facility on or before

June 30 of the following year.

(4) 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 regulated facility for

the year do not exceed the allowable emissions for the

regulated facility for the year,

(

d) be certified by the person responsible in the manner required

by the director, and

(

e) be verified by a third party assurance provider.

(5) The person responsible for a regulated 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 regulated facility

under this section.

(6) A third party assurance provider shall comply with the rules and

other requirements set out in

Part 1 of the Standard for Validation,

Verification and Audit in providing a verification referred to in

subsection (4)(e).

Annual forecasting report

16(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 of the year, submit to the director an

annual forecasting report with respect to the facility for the following

year.

(2) The 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 1 000 000 CO2e

tonnes or more,

(

b) the 2nd year following a year in which the forecasting facility

has total regulated emissions of less than 1 000 000 CO2e

tonnes, or

(

c) the 2nd year following a year in which the true-up obligation

of the forecasting facility was less than 50 000 CO2e tonnes

of specified gas emissions.

(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 the following year,

(ii) a forecast of the forecasting facility's production of

each product that has a high-performance benchmark or

a facility-specific benchmark for the following year,

(iii) a forecast of the true-up obligation for the forecasting

facility 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 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 shall submit an

updated annual forecasting report on or before March 31 of the year

following the year in respect of which the forecasting report was

submitted.

(5) The person responsible for a forecasting 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

forecasting facility.

Emissions reduction plan report

17(1) The person responsible for a large emitter, or opted-in facility,

in respect of which a cost containment designation has been issued

shall submit to the director an emissions reduction plan report for the

large emitter or opted-in facility for each year, other than the first year,

that the designation is effective on or before June 30 of the following

year.

(2) An emissions reduction plan report must

(

a) be submitted in the form and manner prescribed by the

director,

(

b) include financial statements for the large emitter or opted-in

facility that have been audited by a professional accounting

firm that is registered under the Chartered Professional

Accountants Act and authorized to perform an audit

engagement,

(

c) include a statement of the total amount of any benefits that

have been, are being or will be provided to the person

responsible for the large emitter or opted-in facility in respect

of the large emitter or opted-in facility under an initiative of

the Government of Alberta or an agency of the Government

of Alberta,

(

d) include any other information required by the director, and

(

e) be verified by a third party assurance provider on or before

June 30 of the year in which it is submitted.

(3) An emissions reduction plan report may include an updated

emissions reduction plan that meets the requirements of

section

14(2)(c).

(4) An auditor shall comply with the rules and other requirements set

out in

Part 1 of the Standard for Validation, Verification and Audit in

providing an audit referred to in subsection (2)(b).

(5) A third party assurance provider shall comply with the rules and

other requirements set out in

Part 1 of the Standard for Validation,

Verification and Audit in providing

(

a) a validation of an updated emissions reduction plan, or

(

b) a verification referred to in subsection (2)(e).

Part 3

Emission Offsets, Emission

Performance Credits and

Fund Credits

Emission offset projects

18(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 registering an emission offset project with the Alberta

Emissions Offset Registry.

(2) An emission offset project developer shall ensure that an emission

offset is verified by a third party assurance provider.

(3) A third party assurance provider shall comply with the rules and

other requirements set out in

Part 1 of the Standard for Validation,

Verification and Audit in verifying an emission offset.

Emission offsets

19(1) A reduction in specified gas emissions or a net sequestration of

carbon dioxide, other than a geological sequestration, must meet the

following requirements for the reduction or sequestration to be

recognized by one or more emission offsets:

(

a) the reduction or sequestration must occur in Alberta;

(

b) the reduction or sequestration

(

i) must result from an action taken that is not required by

law at the time the action is taken, and

(ii) must not be required by law at the time the reduction or

sequestration occurs;

(

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;

(

f) the specified gas emissions that were reduced or the carbon

dioxide that was sequestered must not have had an effect on

the determination of a regulated facility's total regulated

emissions under

section 13(3) or (4).

(2) A net geological sequestration of carbon dioxide must meet the

following requirements for the net geological sequestration to be

recognized by 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 must not be required by law at

the time the geological sequestration occurs;

(

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 must occur on or after January 1,

2002;

(

f) the geological sequestration must be quantifiable and

measurable, directly or by accurate estimation using

replicable techniques;

(

g) the carbon dioxide that was sequestered must not have had an

effect on the determination of a regulated facility's total

regulated emissions under

section 13(3) or (4);

(

h) the geological sequestration of the carbon dioxide must be

permanent.

(3) A capture of carbon dioxide must meet the following requirements

for the capture to be recognized by 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 must not be required by law at the time the

capture occurs;

(

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 on or 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 capture 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 of money established under

section 21(2) must be

less than $80 at the time the captured carbon dioxide is

geologically sequestered.

(4) Each

(

a) one CO2e tonne reduction in specified gas emissions, or net

sequestration of one tonne of carbon dioxide, that meets the

requirements of subsection (1), or

(

b) net geological sequestration of one tonne of carbon dioxide

that meets the requirements of subsection

(2) may be recognized by the serialization of one emission offset.

(5) Each capture of carbon dioxide that meets the requirements of

subsection (3) may be recognized by the serialization of the number of

emission offsets determined as follows:

(

a) if the amount of money established under

section 21(2) is

equal to or less than $40 at the time that the captured carbon

dioxide is geologically sequestered, the number of emission

offsets is calculated in accordance with the following

formula:

N = A x 1

where

N is the number of emission offsets;

A is equal to the number of emission offsets that

recognize the net geological sequestration of the

number of tonnes of carbon dioxide that meets the

requirements of subsection (2);

(

b) if the amount of money established under

section 21(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 is calculated in accordance with the

following formula:

N = A x (80 -

B) where

N is the number of emission offsets;

A is equal to the number of emission offsets that

recognize the net geological sequestration of the

number of tonnes of carbon dioxide that meets the

requirements of subsection (2);

B equals the amount of money established under

section 21(2).

(6) One emission offset represents one CO2e tonne.

Emission performance credits

20(1) Subject to subsection (4), if the total regulated emissions of a

regulated facility in a year are less than the allowable emissions for the

regulated facility for the year, the director may issue one or more

emission performance credits to the person responsible for the

regulated facility.

(2) The number of emission performance credits that may be issued

under subsection (1) must be determined in accordance with the

following formula:

EPC = AE - TRE

where

EPC is the number of emission performance credits that may be

issued under subsection (1);

AE is the quantity of allowable emissions for the regulated

facility for the year;

TRE is the quantity of total regulated emissions for the regulated

facility for the year.

(3) One emission performance credit represents one CO2e tonne.

(4) The director shall not issue emission performance credits to the

person responsible for a large emitter or opted-in facility in respect of

any year for which a compliance cost containment allocation

benchmark has been assigned for a product of the large emitter or

opted-in facility.

Fund credits

21(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 for a year.

(3) One fund credit represents one CO2e tonne.

Cancellation of and nature of emission offsets,

emission performance credits and fund credits

22(1) In this section, "former regulation" means

(

a) the Carbon Competitiveness Incentive Regulation

(AR 255/2017) (repealed), or

(

b) the Specified Gas Emitters Regulation (AR 139/2007)

(expired).

(2) Without limiting subsection (6) or (7), the director may cancel, or

direct the cancellation of, an emission offset serialized on the Alberta

Emissions Offset Registry if, in the opinion of the director,

(

a) the reduction in specified gas emissions or the sequestration,

geological sequestration or capture of carbon dioxide

recognized by the emission offset did not meet the applicable

requirements under this Regulation or a former regulation,

(

b) the serialization of the emission offset was based on

incorrect, false or inaccurate information, or

(

c) the emission offset is otherwise invalid, as determined in

accordance with

Part 1 of the Standard for Greenhouse Gas

Emission Offset Project Developers.

(3) Without limiting subsection (6) or (7), the director may cancel an

emission performance credit, or direct the cancellation of an emission

performance credit, if, in the opinion of the director, the issuance of the

emission performance credit was based on incorrect, false or

inaccurate information.

(4) The director shall give notice of a cancellation or direction under

subsection (2) or (3)

(

a) in the case of an emission offset

(

i) to the administrator of the Alberta Emissions Offset

Registry,

(ii) to the emission offset project developer,

(iii) if the emission offset is held by the person responsible

for a facility or has been used, as described in

subsection (5), by a person responsible for a facility, to

that person responsible, and

(iv) if the emissions offset is held by a person other than the

emission offset project developer or a person

responsible for a facility, to that person,

(

b) in the case of an emission performance credit

(

i) to the person responsible for the regulated facility in

respect of which the emission performance credit was

issued,

(ii) if the emission performance credit is held by the person

responsible for a different facility or has been used, as

described in subsection (5), by a person responsible for

a different facility, to that person responsible, and

(iii) if the emission performance credit is held by a person

other than a person responsible for a facility, to that

person.

(5) If the person responsible for a regulated facility has used an

emission offset or emission performance credit that is cancelled under

this

section in complying with

section 12 of this Regulation,

section

6(1), (2) or (3) of the former regulation referred to in subsection (1)(a)

section 6(2) of the former regulation referred to in subsection (1)(b),

the person responsible shall, within 60 days after receiving notice of

the cancellation or direction, do one of the following:

(

a) pay into the Fund an amount equal to the amount the person

responsible would have had to contribute to obtain one fund

credit for the year the emission offset or emission

performance credit was used;

(

b) use another emission offset in place of the cancelled emission

offset or emission performance credit, but the person

responsible may only do so if the person responsible held the

emission offset at the time the cancelled emission offset or

emission performance credit was used and has continued to

hold the emission offset since that time;

(

c) use another emission performance credit held by the person

responsible in place of the cancelled emission offset or

emission performance credit, but the person responsible may

only do so if the person responsible held the emission

performance credit at the time the cancelled emission offset

or emission performance credit was used and has continued

to hold the emission offset since that time.

(6) For greater certainty, an emission offset, an emission performance

credit or a fund credit is a revocable licence authorizing the person

responsible for a regulated facility to use the emission offset, emission

performance credit or fund credit in determining the net emissions for

the regulated facility in accordance with this Regulation.

(7) Nothing in this Regulation

(

a) ensures or guarantees the availability of emission offsets or

emission performance credits,

(

b) ensures, guarantees or gives a person a right or an entitlement

to an emission offset or emission performance credit,

(

c) ensures, guarantees or gives a person a right or an entitlement

to generate an emission offset or to be issued an emission

performance credit, or

(

d) ensures, guarantees or gives a person responsible for a

regulated facility a right or an entitlement to use an emission

offset or emission performance credit in determining the net

emissions for a regulated facility.

Part 4

General

Administration

Powers of Minister and director

23(1) The Minister or director may, at any time, do one or more of the

following:

(

a) require a person responsible or emission offset project

developer to provide additional information;

(

b) require an audit or further audit of any financial statements

contained in an application or report;

(

c) require validation or further validation by a third party

assurance provider of any information;

(

d) require verification or further verification by a third party

assurance provider of any information;

(

e) require a person responsible or emission offset project

developer to resubmit an application, report or information in

accordance with any directions that the Minister or director

considers necessary;

(

f) collect any additional information that the Minister or

director considers necessary;

(

g) conduct any review that the Minister or director considers

necessary.

(2) If an action taken under subsection (1) relates directly to emission

offsets or emission performance credits, the Minister or director may

direct that the emission offsets or emission performance credits must

not be used or transferred until the Minister or director directs

otherwise.

(3) The director may from time to time require the person responsible

for a regulated facility to implement new or additional measurements,

metering or monitoring for the purpose of determining the allowable

emissions for the regulated facility under

section 9 or 10 or the net

emissions for the regulated facility under

section 13.

(4) The director may prescribe forms for the purposes of this

Regulation.

Exemptions

24 The director may, on application, exempt the person responsible

for a large emitter or opted-in facility from one or more of the duties

imposed on persons responsible under

Part 2, 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) the large emitter or opted-in facility was operated under

unusual conditions for a lengthy period or underwent a

lengthy shutdown, and

(

b) the unusual conditions or shutdown caused a material

reduction in the specified gas emissions of the large emitter

or opted-in facility during the period or shutdown.

Duty to notify director

25(1) The person responsible for a large emitter or opted-in facility

shall notify the director as soon as practicable of a change in the person

responsible for the large emitter or opted-in facility.

(2) The person responsible for an aggregate facility shall notify the

director as soon as practicable

(

a) of any change in the person responsible

(

i) for the aggregate facility, or

(ii) for a conventional oil and gas facility that is part of the

aggregate facility,

(

b) if a conventional oil and gas facility that is part of the

aggregate facility has direct emissions of 100 000 CO2e

tonnes or more in a year, or

(

c) if a conventional oil and gas facility that is part of the

aggregate facility is decommissioned.

Duty to comply

26(1) A person responsible for a facility shall

(

a) comply with a requirement imposed on the person

responsible under

section 23(1)(

a) to (e),

(

b) provide any information under the control of the person

responsible on request of the Minister or director under

section 23(1)(f),

(

c) cooperate with any review referred to in

section 23(1)(g),

(

d) comply with a direction given under

section 23(2), and

(

e) comply with the applicable duties set out in

section 25.

(2) An auditor shall comply with the rules and other requirements set

out in

Part 1 of the Standard for Validation, Verification and Audit in

providing an audit referred to in

section 23(1)(b).

(3) A third party assurance provider shall comply with the rules and

other requirements set out in

Part 1 of the Standard for Validation,

Verification and Audit in providing

(

a) a validation referred to in

section 23(1)(c), or

(

b) a verification referred to in

section 23(1)(d).

(4) An emission offset project developer shall

(

a) comply with a requirement imposed under

section 23(1)(a),

(

d) or (e),

(

b) provide any information under the control of the emission

offset project developer on request of the Minister or director

under

section 23(1)(f),

(

c) comply with a direction given under

section 23(2), and

(

d) cooperate with any review referred to in

section 23(1)(g).

Third party assurance providers

27(1) In this section, "ISO Standard 14065:2013" means the standard

ISO 14065:2013 entitled Greenhouse gases - Requirements for

greenhouse gas validation and verification bodies for use in

accreditation or other forms of recognition, published by the

International Organization for Standardization, as amended or replaced

from time to time.

(2) A person is eligible to be a third party assurance provider if

(

a) the person is a verification body that is accredited as a

verification body to the ISO Standard 14065:2013 by the

Standards Council of Canada, the American National

Standards Institute or any other accreditation organization

that is a member of the International Accreditation Forum,

and

(

b) the person has any other qualifications specified by the

director.

(3) Until June 30, 2023, a person who does not meet the requirements

of subsection (2) is eligible to be a third party assurance provider if

(

a) the person has technical knowledge of specified gas emission

quantification methodologies, verification practices and any

other matters considered relevant by the director and is

registered as

(

i) a professional engineer under the Engineering and

Geoscience Professions Act,

(ii) a chartered professional accountant under the Chartered

Professional Accountants Act, or

(iii) a member of a profession in another province or

territory of Canada that has substantially similar

competence and practice requirements as a profession

referred to in subclause (

i) or (ii),

and

(

b) the person has any other qualifications specified by the

director.

(4) Subsection (3) expires on June 30, 2023.

(5) A person is not eligible to be a third party assurance provider 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 of Alberta.

(6) The director may request any information the director considers

relevant from a person or the person responsible for a facility to

determine whether or not the person is eligible to perform the functions

of a third party assurance provider generally or in a particular case.

Records

Request for confidentiality

28(1) The person responsible for a facility may in respect of

information provided to the Government under this Regulation,

including, without limitation, an application under this Regulation, an

emissions reduction plan, a compliance report, annual forecasting

report, emissions reduction plan report, verification validation, audit or

information provided under

section 23, submit a written request that

certain information be kept confidential for a period of 5 years after the

date the information 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 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 the 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 the

information was submitted or provided, or

(

b) if the director considers that the request for confidentiality is

not well founded, refuse the request.

(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.

(8) The director shall provide annually to the Information and Privacy

Commissioner, in the form and manner the director considers

Document details

Collection	Alberta — Gazette
Citation	15 November 2019
Type	gazette
Volume / chapter	21 Nov15 Part2
Language	en
Format	html
Source	PROVINCIAL
Identifier	443550afd0630dba755f359f3a709292f76bd8a3

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