Alberta Gazette, Part I — Tuesday, April 30, 2019
Tuesday, April 30, 2019
Alberta — Gazette
The Alberta Gazette
Part I
Vol. 115 Edmonton, Tuesday, April 30, 2019 No. 08
APPOINTMENTS
Reappointment of Supernumerary Provincial Court Judge
(Provincial Court Act)
April 25, 2019
Honourable Judge Bruce Richard Fraser
For a term to expire April 24, 2021.
RESIGNATIONS & RETIREMENTS
Resignation of Full-time Justice of the Peace
(Justice of the Peace Act)
April 5, 2019
Arthur Allan Edwin Wilson, Q.C.
Termination of Non-Presiding Justice of the Peace
(Justice of the Peace Act)
April 11, 2019
Brousseau, Laetitia Marie
Daniele, Samantha Lynn
Hamilton, Kelly Ann Marie
Hominiuk, Brianna Chantel
Kieley, Jillian Melissa
Mehra, Namisha
Pryor, Donna Rae
Tighe, Shannon Marie
GOVERNMENT NOTICES
Energy
Declaration of Withdrawal from Unit Agreement
(Petroleum and Natural Gas Tenure Regulations)
The Minister of Energy on behalf of the Crown in Right of Alberta hereby declares
and states that the Crown in right of Alberta has withdrawn as a party to the
agreement entitled "DONALDA UNIT" effective January 31, 2019.
Stacey Szeto, for Minister of Energy.
______________
The Minister of Energy on behalf of the Crown in Right of Alberta hereby declares
and states that the Crown in right of Alberta has withdrawn as a party to the
agreement entitled "Windfall D-3 Unit" effective September 30, 2018.
Stacey Szeto, for Minister of Energy.
Production Allocation Unit Agreement
(Mines and Minerals Act)
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Cygnet Duvernay
Agreement No. 17" and that the Unit became effective on August 1, 2018.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Cygnet Duvernay
Agreement No. 18" and that the Unit became effective on August 1, 2018.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Cygnet Duvernay
Agreement No. 19" and that the Unit became effective on August 1, 2018.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Cygnet Duvernay
Agreement No. 20" and that the Unit became effective on August 1, 2018.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Fox Creek Duvernay
Agreement No. 2" and that the Unit became effective on June 1, 2017.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Leduc-Woodbend Rex
Agreement No. 1" and that the Unit became effective on July 1, 2018.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Lochend Cardium
Agreement No. 9" and that the Unit became effective on October 1, 2018.
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Provost General
Petroleum Agreement No. 6" and that the Unit became effective on November 1,
Notice is hereby given, pursuant to
section 102 of the Mines and Minerals Act, that
the Minister of Energy on behalf of the Crown has executed counterparts of the
agreement entitled "Production Allocation Unit Agreement - Wayne-Rosedale Basal
Quartz Agreement No. 8" and that the Unit became effective on November 1, 2018.
Environment and Parks
Code of Practice for Watercourse Crossings
(made under the Water Act and Water (Ministerial) Regulation)
Consolidated to include amendments in force as of March 8, 2019
Table of Contents
Section
Definitions
Compliance with the Code of Practice
Notice to the Director
Notice where the works are not completed within time period
Non-application of this Code of Practice
Emergency
Plans
Maps and class of water bodies
Watercourse crossing types, except temporary crossings
Temporary crossings
Restricted activity periods
Certification and confirmation
Reporting
Record keeping and information availability
Monitoring of works
Guidelines
Code of Practice review
Schedules
1 Notice to the Director (Section 3(1)(a))
2 Plans (Section 7)
Part 1, Standards for Carrying out a Works
Part 2, Requirements for Information and Written Specifications for Plans
of Works, from Owner, Professional Engineer or Engineering Technical
Specialist
3 Conditions for Carrying out a Works (Sections 9 and 10)
Part 1, General Conditions
Part 2, Watercourse Crossing Conditions
A. Type 1 Crossings
B. Type 2 Crossings
C. Type 4 Crossings
Part 3, Temporary Crossing Conditions
A. Type 1 Crossings
B. Type 2 Crossings
C. Type 3 Crossings
D. Type 4 Crossings
E. Type 5 Crossings
4 Qualified Aquatic Environment Specialist's Written Specifications and
Recommendations
5 Maps (Section 8)
Definitions
1(1) All
definitions in the Water (Ministerial) Regulation and in
section 1 of the
Water Act apply except where expressly defined in this Code of Practice.
(2) In this Code of Practice,
(a) "active channel" means those parts of the bed and banks of a water body
that are without terrestrial vegetation;
(b) "this Code of Practice" means the Code of Practice for Watercourse
Crossings, as amended or replaced from time to time;
(c) "annual operating plan" or "AOP" means a plan prepared and submitted
by a forest operator to the Minister responsible for administration of the
Forests Act;
(d) "to carry out a works" includes to commence or continue the works;
(e) "class" means the class of a water body that is specified in
section 8, or
that is designated by a class symbol on a map that is listed in
Schedule 5;
(f) "to construct" includes to place or install a works;
(g) "emergency" means a situation where there is an imminent risk to the
aquatic environment, public health or safety, or an imminent risk of
structural failure to a watercourse crossing;
(h) "engineering technical specialist" means a person who
(
i) possesses
(
A) a post-secondary degree or technical diploma in
engineering sciences, or
(
B) educational equivalencies,
(ii) has knowledge of hydrology, hydrogeology and water
management assessment, and
(iii) is currently experienced in water management and hydrological
assessment methods, the determination of expected flows for
flood events and the designing of watercourse crossings;
(i) "fish" means fish used for domestic, sport and commercial purposes, and
fish of special concern, including but not limited to rare, endangered,
threatened or vulnerable species;
(j) "forest operator" means
(
i) the person who places, constructs, installs, maintains, replaces or
removes a forestry temporary crossing,
(ii) a successor, assignee, executor, administrator, receiver, receiver-
manager, liquidator or trustee of a person described in clause (i),
(iii) a person who acts as the principal or agent of a person described
in clause (
i) or (ii);
(k) "forestry temporary crossing" means a non-permanent watercourse
crossing that is administered under the Operating Ground Rules (OGR);
(l) "maintenance" means the repair, partial replacement or structural
restoration of a watercourse crossing that results or may result in the
disturbance or alteration of the bed or banks or active channel of a water
body;
(m) "map" means a map listed in
Schedule 5, and includes the legends on a
map;
(n) "mapped water body" means a water body that appears on a map that is
listed in
Schedule 5;
(o) "operating ground rules" or "OGR" means the Timber Harvest Planning
and Operating Ground Rules approved under the Forests Act for the area
of forest land covered by the timber disposition in which the forestry
temporary crossing is located;
(p) "owner" means
(
i) the person who places, constructs, installs, maintains, replaces or
removes a watercourse crossing,
(ii) a successor, assignee, executor, administrator, receiver, receiver-
manager, liquidator or trustee of a person described in clause (i),
(iii) a person who acts as the principal or agent of a person described
in clause (
i) or (ii);
(q) "plan" means a plan specified in
section 7;
(r) "productive capacity" means the natural capability of habitats that
comprise the aquatic environment to produce healthy fish that are safe
for human consumption, or to support or produce the naturally occurring
diversity of aquatic organisms upon which fish depend;
(s) "professional engineer" means a professional engineer as defined in the
Engineering, Geological and Geophysical Professions Act;
(t) "qualified aquatic environment specialist" means a person who
(
i) possesses
(
A) a post-secondary degree in biological sciences,
(
B) a technical diploma in biological sciences, or
(
C) educational equivalencies,
(ii) has a detailed knowledge of aquatic environment, including fish
and fish habitat, management and assessment, and
(iii) is currently experienced with
(
A) fisheries and aquatic environment assessment methods, and
(
B) the determination of mitigation measures required to
maintain the productive capacity of the aquatic
environment, including fish habitats in Alberta that may be
adversely affected by the carrying out of works in and
adjacent to the water, bed and shore of water bodies;
(u) "restricted activity period" means the time period during which fish
migration, fish spawning, egg incubation, fry emergence or early fry
development are likely to occur in a water body;
(v) "temporary crossing" means a watercourse crossing referred to in
section
10 that will remain in place for a maximum period of 6 months from the
date that the crossing is constructed, unless otherwise specified by the
Director under
section 10(4)(a);
(w) "Type 1 crossing" means a watercourse crossing that is constructed
using a single span bridge, single span pipeline bridge or other similar
structure, that does not have abutments that are placed on or within the
bed or within the active channel of a water body;
(x) "Type 2 crossing" means a watercourse crossing that is constructed
using an open bottom culvert, or a single or multi-span bridge with
abutments or piers or other similar structures that are placed on or within
the bed or within the active channel of a water body;
(y) "Type 3 crossing" means a watercourse crossing that is constructed
using a round, arch or box culvert or other similar structure, on or within
the bed of a water body;
(z) "Type 4 crossing" means a watercourse crossing that is a ford or low
level crossing, or other similar crossing, where the crossing is
constructed at or below the level of the bed of the water body;
(aa) "Type 5 crossing" means a temporary crossing that is constructed using
a logfill, including a logfill combined with snow;
(bb) "uncoded water body" means a mapped water body that does not have a
class symbol specified on a map listed in
Schedule 5;
(cc) "unmapped water body" means a water body that does not appear on a
map listed in
Schedule 5;
(dd) "UTM coordinates" means coordinates that use the Universal Transverse
Mercator grid to identify or plot the specific location of a site or object;
(ee) "water body" means, for the purpose of this Code of Practice, a water
body with defined bed and banks, whether or not water is continuously
present, but does not include fish bearing lakes;
(ff) "watercourse crossing" means a crossing, and any associated structures
that are or will be constructed to provide access over or through a water
body, including but not limited to
(
i) structures and measures to isolate the location of the works,
(ii) erosion protection structures, and
(iii) sedimentation management structures,
but does not include
(iv) a pipeline crossing or telecommunication line crossing as defined
in the Code of Practice for Pipeline and Telecommunication Lines
Crossing a Water Body,
(
v) the realignment of the channel of a water body beyond a distance
of 20 metres upstream and downstream from the watercourse
crossing, or the diversion of water from the site of a watercourse
crossing, including associated structures, that require an
authorization under the Water Act, and
(vi) structures that are required to meet clause (
a) in
Part 1 of
Schedule 2 that are located outside the right of way of a
watercourse crossing and that require an authorization under the
Water Act;
(gg) "works" means the placement, construction, installation, maintenance,
replacement or removal of all or part of a watercourse crossing except
where otherwise specified.
Compliance with the Code of Practice
2(1) For the purpose of
section 3(3) of the Water (Ministerial) Regulation an owner
shall comply with the requirements set out in this Code of Practice.
(2) For the purpose of
section 3(3) of the Water (Ministerial) Regulation as it
relates to a forestry temporary crossing, a forest operator shall comply with the
requirements of the applicable OGR.
Notice to the Director
3(1) For the purposes of
section 4 of the Water (Ministerial) Regulation
(
a) notwithstanding the requirement for at least 7 days notice in
section 4,
an owner must provide notice to the Director at least 14 calendar days
before any works are commenced, continued or carried out, unless
otherwise specified in writing by the Director;
(
b) for a forestry temporary crossing, a forest operator satisfies the
requirements of
section 4 if the location of the forestry temporary
crossing is identified in its AOP submission unless otherwise specified
in writing by the Minister responsible for the administration of the
Forests Act.
(2) The written notice under subsection (1)(a),
(
a) for a Type 1 crossing, Type 2 crossing, Type 3 crossing and Type 4
crossing that are not temporary crossings, must contain the information
specified in clauses (a), (b), (c), (
f) and (
g) of
Schedule 1, and any
information available under clause (
d) and (
e) of
Schedule 1, unless
otherwise specified in writing by the Director;
(
b) for a temporary crossing, must contain the information specified in
clauses (a), (b), (c), and (
h) of
Schedule 1, unless otherwise specified in
writing by the Director; and
subject to
section 10(4)(a), authorizes an owner to carry out a works in
accordance with this Code of Practice for the period of time specified in the
notice.
(3) Where a written notice under subsection (1)(
a) did not contain all of the
information required under clause (
d) or (
e) of
Schedule 1, that information
must be available at least 14 days before any works are carried out, and must
be provided to the Director by the owner, if requested under
section 14(4).
Notice Where the Works are not Completed Within Time Period
4(1) Where notice is provided in accordance with
section 4(1) of the Water
(Ministerial) Regulation and
section 3(1)(
a) of this Code of Practice, and the
works have not been commenced or completed within the time period specified
in the notice, the notice is no longer valid, and an owner must provide a new
notice prior to carrying out the works.
(2) The new notice under subsection (1) must provide
(
a) with respect to a Type 1 crossing, Type 2 crossing, Type 3 crossing or
Type 4 crossing that are not temporary crossings,
(
i) the new date for the commencement or continuation of the works,
(ii) the estimated duration of time that activities related to the works
will occur in a water body, in accordance with clause (
g) of
Schedule 1,
(iii) any information that has changed from the information provided
in the notice under
section 3(1)(a), and
(iv) in cases where the works has commenced but has not been
completed by the time period stated in the notice under
section
3(1)(a), the new expected completion date of the works; and
(
b) with respect to a temporary crossing,
(
i) the new date for the commencement or continuation of the works,
(ii) the estimated date of removal of the temporary crossing, and
(iii) any information that has changed from the information provided
in the notice under
section 3(1)(a).
Non- Application of this Code of Practice
5 For greater certainty, sections 6 through 15 and the Schedules of this Code of
Practice do not apply to forestry temporary crossings.
Emergency
6(1) Where there is an emergency and it is not possible for an owner to provide
notice in accordance with
section 3(1)(a), an owner may take appropriate
measures to deal with the emergency and must notify the Director of the
emergency within 24 hours of becoming aware of the emergency.
(2) Notice under subsection (1) must contain the information specified in clauses
(
a) and (
b) of
Schedule 1, the legal description of the land on which the
watercourse crossing is located, and any other information regarding the nature
of the emergency that is available to the owner at the time.
(3) Within 30 days of completion of the works required to deal with the
emergency, the owner must provide the following information to the Director:
(
a) information specified under clause (
c) in
Schedule 1, other than the legal
description of the land,
(
b) a description of the conditions, if applicable, that were used in carrying
out the works,
(
c) a description of measures taken to meet the applicable requirements of
sections 9 and 10,
Part 1 of
Schedule 2 and
Schedule 3, including a
statement whether the works incorporated the specifications and
recommendations of a qualified aquatic environment specialist.
Plans
7(1) At least 14 days before a works is carried out, except for those works with
respect to a temporary crossing, an owner must have prepared and completed a
plan for the works
(
a) that meets the standards for carrying out a works specified in
Part 1 of
Schedule 2;
(
b) that contains or incorporates the information and written specifications
under
Part 2 of
Schedule 2, as required under subsection (2),
(
i) that are prepared by either a professional engineer or an
engineering technical specialist, whichever is considered
appropriate by the owner, and that contain the stamp, certification
and signature of either the professional engineer or the
certification and signature of the engineering technical specialist,
as required under
section 12(2)(
a) and (b); or
(ii) that are prepared by an owner in those situations specified in
subsection (2), and that contain the confirmation of the owner as
required under
section 12(2)(c);
(
c) that, in addition to the requirements specified under clauses (
a) and (b),
contains or incorporates the following:
(
i) the type of watercourse crossing and the conditions for carrying
out a works, determined in accordance with
section 9 and
Schedule 3, including any applicable written specifications and
recommendations of a qualified aquatic environment specialist;
(ii) an outline of the contingency measures to be taken in the event of
potential problems resulting from adverse conditions or delays in
carrying out or completing the works, and that take into account
any restricted activity periods; and
(iii) in addition to any monitoring measures contained in the written
specifications and recommendations of a professional engineer,
engineering technical specialist, owner or qualified aquatic
environment specialist, specification of the monitoring measures
that will, during the anticipated life of the watercourse crossing,
be required to meet the requirements of this Code of Practice.
(2) Information and written specifications that must be included in a plan under
subsection (1)(b)
(
a) must be prepared by either a professional engineer or an engineering
technical specialist, whichever is considered appropriate by the owner,
except as specified in clause (b);
(
b) may be prepared by the owner only in those situations where
(
i) the watercourse crossing is to be removed, or
(ii) where
(
A) the watercourse crossing is or will be located in an
unmapped water body that enters any class of mapped
water body, at a distance of greater than 2 kilometres
upstream from the mouth of the unmapped water body, and
(
B) there is no documented evidence of fish presence in the
unmapped water body.
(3) In addition to complying with other requirements specified in this Code of
Practice, an owner and a person who carries out a works must comply with the
plan prepared for the works under subsection (1) except where measures must
be taken to deal with an emergency.
(4) Notwithstanding subsection (1), after notice to the Director has been provided
in accordance with
section 3(1)(a), an owner
(
a) may change a plan only where the change complies with this Code of
Practice, and
(
b) must provide notice of the change to the Director in accordance with
section 3(1)(
a) and
Schedule 1, where the change in the plan modifies
the information that was provided to the Director under
section 3(2) or
3(3).
(5) Where a change is made to a plan under subsection (4), all of the provisions of
this Code of Practice apply to the change.
Maps and Class of Water Bodies
8(1) For the purposes of this Code of Practice, a map that is listed in
Schedule 5
forms part of this Code of Practice, and
(
a) designates the class of a mapped water body as Class A, B, C, or D,
(
b) specifies the restricted activity period for classes of water bodies,
(
c) describes the location of Class A and B water bodies, and
(
d) may specify special conditions for some water bodies.
(2) The class of a mapped water body, except for an uncoded water body, is the
class that is designated by a class symbol on a map.
(3) The class of an uncoded water body is as follows:
(
a) Class D, unless otherwise specified in clause (b);
(
b) where an uncoded water body enters a mapped water body that is a
Class A, B or C water body, the portion of the uncoded water body for a
distance of 2 kilometres upstream from the mouth of the uncoded water
body is the same class as the mapped water body that is entered.
(4) The class of an unmapped water body is as follows:
(
a) where an unmapped water body enters a mapped Class A water body,
the unmapped water body is
(
i) Class A for the portion of the unmapped water body for a distance
of 2 kilometres upstream from the mouth of the unmapped water
body, including where the unmapped water body is dry or frozen
to the bottom at the time of the works, and
(ii) Class B for any other portion of the unmapped water body;
(
b) where an unmapped water body enters a mapped Class B water body,
the unmapped water body is
(
i) Class B for the portion of the unmapped water body for a distance
of 2 kilometres upstream from the mouth of the unmapped water
body, including where the unmapped water body is dry or frozen
to the bottom at the time of the works, and
(ii) Class C for any other portion of the unmapped water body;
(
c) where an unmapped water body enters a mapped Class C water body,
the unmapped water body is Class C for all portions of the unmapped
water body;
(
d) where an unmapped water body enters a mapped Class D water body,
the unmapped water body is Class D for all portions of the unmapped
water body;
(
e) where an unmapped water body enters a fish bearing lake, the unmapped
water body is Class C, whether or not the fish bearing lake appears on a
map.
Watercourse Crossing Types, Except Temporary Crossings
9(1) A new watercourse crossing must be constructed in accordance with the
applicable parts of
section 11 and Schedules 2 and 3, and the written
specifications and recommendations of a qualified aquatic environment
specialist if required under subsections (5) and (6), and the type of new
watercourse crossing that must be constructed is as follows:
(
a) in or over a Class A water body, only a Type 1 crossing for pedestrian
and equestrian purposes;
(
b) in or over a mapped Class B water body, in order of preference:
(
i) a Type 1 crossing, or
(ii) a Type 2 crossing, by isolating the location of the construction,
only if
(
A) a Type 1 crossing cannot be used, or
(
B) a Type 2 crossing will meet the requirements of clause (
a) Part 1 of
Schedule 2,
as determined in accordance with subsection (6);
(
c) in or over an unmapped Class B water body, in order of preference:
(
i) a Type 1 crossing,
(ii) a Type 2 crossing, by isolating the location of the construction,
only if
(
A) a Type 1 crossing cannot be used, or
(
B) a Type 2 crossing will meet the requirements of clause (
a) Part 1 of
Schedule 2,
as determined in accordance with subsection (6); or
(iii) a Type 3 crossing, by isolating the location of the construction,
only if
(
A) a Type 2 crossing cannot be used, or
(
B) a Type 3 crossing will meet the requirements of clause (
a) Part 1 of
Schedule 2,
as determined in accordance with subsection (6);
(
d) in or over a Class C water body, in order of preference:
(
i) a Type 1 crossing,
(ii) a Type 2 crossing, by isolating the location of the construction,
only if
(
A) a Type 1 crossing cannot be used, or
(
B) a Type 2 crossing will meet the requirements of clause (
a) Part 1 of
Schedule 2,
as determined in accordance with subsection (6); or
(iii) a Type 3 crossing, by isolating the location of the construction, or
a Type 4 crossing, only if
(
A) a Type 2 crossing cannot be used, or
(
B) a Type 3 crossing or Type 4 crossing will meet the
requirements of clause (
a) in
Part 1 of
Schedule 2,
as determined in accordance with subsection (6);
(
e) in or over a Class D water body, a Type 1 crossing, Type 2 crossing,
Type 3 crossing, or Type 4 crossing.
(2) The replacement of any type of existing watercourse crossing must be
constructed in accordance with the applicable parts of
section 11 and Schedules
2 and 3, and the written specifications and recommendations of a qualified
aquatic environment specialist if required under subsections (5) and (6), and
the type of watercourse crossing for the replacement that must be constructed,
in order of preference, is as follows:
(
a) in or over a Class A water body,
(
i) a Type 1 crossing, or
(ii) a Type 2 crossing, by isolating the location of the construction;
(
b) in or over a mapped Class B water body,
(
i) a Type 1 crossing, or
(ii) a Type 2 crossing, by isolating the location of the construction;
(
c) in or over an unmapped Class B water body,
(
i) a Type 1 crossing,
(ii) a Type 2 crossing, by isolating the location of the construction, or
(iii) a Type 3 crossing, by isolating the location of the construction;
(
d) in or over a Class C water body,
(
i) a Type 1 crossing, or
(ii) a Type 2 crossing or Type 3 crossing, by isolating the location of
the construction, or a Type 4 crossing;
(
e) in or over a Class D water body, a Type 1 crossing, Type 2 crossing,
Type 3 crossing or Type 4 crossing.
(3) The maintenance or removal of any type of existing watercourse crossing must
be carried out as follows:
(
a) with respect to a Class A, B and C water body, by isolating the location
of the construction, and in accordance with the applicable parts of
section 11 and Schedules 2 and 3;
(
b) with respect to a Class D water body, in accordance with the applicable
parts of
section 11 and Schedules 2 and 3.
(4) Notwithstanding subsections (1), (2) and (3), where a water body is dry or
frozen to the bottom at the time of the carrying out of the works, including the
construction, replacement, removal, or maintenance of a watercourse crossing,
the requirement to isolate the location of the construction or works does not
have to be met.
(5) An owner must obtain the written specifications and recommendations of a
qualified aquatic environment specialist for watercourse crossings referred to in
(a) subsections (1)(b)(ii), (1)(c)(ii), (1)(c)(iii), (1)(d)(ii), and (1)(d)(iii);
(b) subsection (2), except subsection (2)(
e) or where there is replacement of
a Type 1 crossing with a Type 1 crossing; and
(c) subsection (3)(a).
(6) For the purposes of subsection (1),
(
a) a professional engineer, engineering technical specialist or other
qualified person must determine whether a type of crossing can be used,
taking into account the technical or environmental feasibility of the type
of crossing;
(
b) a qualified aquatic environment specialist must determine whether a type
of crossing will meet the requirements of clause (
a) in
Part 1 of
Schedule 2.
(7) A qualified aquatic environment specialist must
(
a) consider any applicable restricted activity periods; and
(
b) meet the requirements of clauses (
a) and (
g) in
Part 1 of
Schedule 2 and
of
Schedule 4;
in preparing any written specifications and recommendations under this
section.
(8) This
section does not apply to temporary crossings.
Temporary Crossings
10(1) Subject to subsection (2), a temporary crossing must be constructed in
accordance with the applicable parts of Schedules 2 and 3 and the written
specifications and recommendations of a qualified aquatic environment
specialist if required under subsection (2), and the type of temporary crossing
that must be constructed is as follows:
(
a) in or over a Class A water body, at any time,
(
i) a Type 1 crossing, or
(ii) a Type 2 crossing where the construction is in conjunction with
the replacement or maintenance of an existing watercourse
crossing or other existing structure;
(
b) in or over a Class B water body,
(
i) a Type 1 crossing, at any time,
(ii) a Type 2 crossing, at any time,
(iii) a Type 4 crossing, only
(
A) when the water body is dry, or
(
B) when the crossing site is not covered by ice, or
(iv) a Type 5 crossing, only when the water body is dry or frozen to
the bottom, or there is sufficient ice-cover to support the crossing,
however the crossing must be removed before spring break-up;
(
c) in or over a Class C water body,
(
i) a Type 1 crossing, at any time,
(ii) a Type 2 crossing, at any time,
(iii) a Type 3 crossing, only
(
A) when the water body is dry, or
(
B) when the crossing site is not covered by ice, by isolating
the location of the construction,
(iv) a Type 4 crossing, only
(
A) when the water body is dry, or
(
B) when the crossing site is not covered by ice, or
(
v) a Type 5 crossing, only
(
A) when the water body is dry or frozen to the bottom, or
(
B) when there is sufficient ice-cover to support the crossing,
however the crossing must be removed before spring
break-up;
(
d) in or over a Class D water body,
(
i) a Type 1 crossing, Type 2 crossing, Type 3 crossing or Type 4
crossing, at any time, or
(ii) a Type 5 crossing, only
(
A) when the water body is dry or frozen to the bottom, or
(
B) when there is sufficient ice-cover to support the crossing,
however the crossing must be removed before spring
break-up.
(2) An owner must obtain the written specifications and recommendations of a
qualified aquatic environment specialist for a temporary crossing referred to in
subsections (1)(a)(ii), (1)(b)(ii), (1)(b)(iii)(B), (1)(c)(ii), (1)(c)(iii)(B), and
(1)(c)(iv)(B).
(3) A qualified aquatic environment specialist must meet the requirements of
clauses (
a) and (
g) in
Part 1 of
Schedule 2 and of
Schedule 4, in preparing any
written specifications and recommendations under this section.
(4) An owner
(
a) must remove a temporary crossing
(
i) no later than 6 months from the date when the construction
commenced, unless otherwise specified in writing by the Director;
and
(ii) in accordance with the applicable parts of Schedules 2 and 3; and
(
b) must restore the bed and banks of the water body to the condition it was
in prior to the construction of the temporary crossing, or if not possible,
to a condition that meets the requirements of clauses (
a) and (
g) of
Part 1
of
Schedule 2.
(5) Sections 7, 9, 11(1), 11(2), 11(3), 11(4), 11(5), 11(6), 11(7), 12, 14 and 15 of
this Code of Practice do not apply to a temporary crossing.
Restricted Activity Periods
11(1) Unless otherwise authorized under this section, works, including those referred
to in
section 9, must not be carried out within any applicable restricted activity
period.
(2) Works
(
a) must be carried out in or over a mapped Class A water body, within the
time period recommended by a qualified aquatic environment specialist;
(
b) must be carried out for a Type 2 crossing, Type 3 crossing and Type 4
crossing in or over a mapped Class B and C water body, outside the
restricted activity period specified on the applicable map;
(
c) may be carried out in or over a Class D water body, at any time.
(3) Where an unmapped water body enters a mapped Class A water body,
(
a) the works must be carried out within the period recommended by a
qualified aquatic environment specialist for the portion of the unmapped
water body for a distance of 2 kilometres upstream from the mouth of
the unmapped water body;
(
b) for any other portion of the unmapped water body than that specified in
clause (a),
(
i) the unmapped water body has the restricted activity period of the
nearest mapped Class B or C water body entering the mapped
Class A water body, or
(ii) if there is no mapped water body entering the mapped Class A
water body, the unmapped water body has the restricted activity
period for the mapped Class B or C water body that is
immediately downstream of the mapped Class A water body.
(4) Where an unmapped water body enters a mapped Class B water body, the
restricted activity period is the restricted activity period for the mapped Class B
water body.
(5) Where an unmapped water body enters a mapped Class C water body,
(
a) the restricted activity period for the portion of the unmapped water body
for a distance of 2 kilometres upstream from the mouth of the unmapped
water body, is the restricted activity period for the mapped Class C water
body, and
(
b) for any other portion of the unmapped water body than that specified in
clause (a), the restricted activity period is the restricted activity period of
the nearest mapped water body that enters the mapped Class C water
body.
(6) Where an unmapped water body enters a fish bearing lake, whether or not the
fish bearing lake appears on a map, the restricted activity period for the
unmapped water body
(
a) is the same as that specified for the nearest mapped water body entering
the fish bearing lake,
(
b) if there is no mapped water body entering the fish bearing lake, is the
same as that specified for the mapped outlet water body of the fish
bearing lake, or
(
c) if there is no mapped outlet water body of the fish bearing lake, is the
same as that specified for the nearest mapped water body that is
designated as a mapped Class C water body.
(7) Where a qualified aquatic environment specialist determines that a works can
be carried out within a restricted activity period referred to under subsections
(2)(b), (3)(b), (4), (5) and (6), and still meet the requirements of
Part 1 of
Schedule 2, the works may be carried out within that restricted activity period,
and must be carried out in accordance with the written specifications and
recommendations of the qualified aquatic environment specialist.
(8) A qualified aquatic environment specialist must consider an applicable
restricted activity period in preparing any written specifications and
recommendations under this Code of Practice.
Certification and Confirmation
12(1) Where a qualified aquatic environment specialist has prepared specifications
and recommendations under this Code of Practice, the qualified aquatic
environment specialist must certify in writing that the written specifications
and recommendations prepared by the specialist meet the requirements of
clause (
a) in
Part 1 of
Schedule 2.
(2) Where written specifications for a plan for a works associated with a
watercourse crossing under
section 7(1)(b),
(
a) were prepared by a professional engineer, the engineer must certify in
writing that the written specifications included in the plan meet the
standards specified in clauses (
c) and (
d) in
Part 1 of
Schedule 2, and the
design drawings must include the stamp and signature of the
professional engineer;
(
b) were prepared by an engineering technical specialist, the engineering
technical specialist must certify in writing that the information and
written specifications included in the plan meet the standards specified
in clauses (
c) and (
d) of
Part 1 of
Schedule 2;
(
c) were prepared by an owner, the owner must confirm in writing that the
information and written specifications included in the plan meet the
standards specified in
Part 1 of
Schedule 2.
(3) All certifications and confirmations referred to under subsections (1) and
(2) must be prepared a minimum of 14 days before the works is carried out.
(4) After the works has been completed, an owner must within one year of the date
of completion of the works, confirm in writing that
(
a) the plan prepared under
section 7 was followed in carrying out the
works, and
(
b) the standards of
Part 1 of
Schedule 2 have been met.
Reporting
13(1) An owner must, within 24 hours, report to the Director by telephone, facsimile
or e-mail, or in any other manner specified in writing by the Director, a
contravention of this Code of Practice, except for a contravention under
section
12, 14 or 15, and must include information relating to possible environmental
impacts resulting from the contravention and initial actions taken to mitigate
the contravention.
(2) An owner must, within 7 calendar days of reporting a contravention under
subsection (1), or within another time period specified in writing by the
Director, provide to the Director a written report that contains the following
information:
(
a) a description of the contravention;
(
b) an explanation as to why the contravention occurred;
(
c) a
summary of all preventative measures and actions that were taken prior
to the contravention;
(
d) a
summary of all measures that were taken to mitigate the initial damage
and proposed measures to address any remaining problems related to the
contravention;
(
e) the names, addresses, phone numbers and responsibilities of all persons
responsible for carrying out the works at the time that the contravention
occurred; and
(
f) proposed preventative measures designed to prevent future
contraventions.
Record Keeping and Information Availability
14(1) An owner must compile and retain the following records within the time period
specified in subsection (2);
(
a) the names, addresses and phone numbers of the owners of the
watercourse crossing;
(
b) a copy of the plan prepared for the watercourse crossing;
(
c) any as built plans or as constructed plans, if such as built or as
constructed plans were prepared;
(
d) the time period during which the carrying out of the works occurred,
including the start and completion dates;
(
e) all photographs or video-recordings taken under
section 15(2);
(
f) a copy of all certifications and confirmations referred to in
section 12.
(2) An owner must meet the following time requirements for the preparation or
compilation of the records specified in subsection (1), unless otherwise
specified in writing by the Director:
(
a) a plan under
section 7 must be available at least 14 days before the
works are carried out;
(
b) for records referred to in subsection (1)(a), (c), (
d) and (e), records must
be compiled within 3 months of completion of the works or within
another time period specified by the Director;
(
c) for certifications and confirmations referred to in subsection (1)(f),
records must be compiled within the time periods specified in
section 12.
(3) An owner must retain all records referred to in subsection (1) for one year after
the completion of the removal of the watercourse crossing.
(4) An owner must, within the time period specified in writing by the Director,
provide to the Director any requested information or records retained under
subsection (1), or information relating to a qualified aquatic environment
specialist who has certified specifications and recommendations.
Monitoring of Works
15(1) The owner must monitor a watercourse crossing in accordance with the plan
prepared under
section 7 to ensure that the requirements of this Code of
Practice are met over the operational life span of the crossing.
(2) The owner must, for water bodies that are designated as Class A, B or C water
bodies, take the following photographs or video-recordings at a watercourse
crossing site before the works are commenced:
(
a) one or more photographs or video-recordings of the water body and its
banks upstream from the watercourse crossing site;
(
b) one or more photographs or video-recordings of the water body and its
banks downstream from the watercourse crossing site; and
(
c) two or more photographs or video-recordings of the banks at the
watercourse crossing site, one of each bank taken from the opposite
bank.
Guidelines
16 The Department may publish Guidelines to assist in the
interpretation and
implementation of this Code of Practice, however such Guidelines do not form
part of this Code of Practice.
Code of Practice Review
17 The Department responsible for administering this Code of Practice will review
this Code by March 31, 2023.
SCHEDULE 1
Notice to the Director
(Section 3(1)(a))
Information that must be contained in a notice for the purposes of
section 3(1)(a):
(
a) the name, address and phone number of at least one owner of the watercourse
crossing;
(
b) the name and phone number of the person to be contacted with respect to the
watercourse crossing;
(
c) a map, diagram, or air photo that shows the watercourse crossing location in
relation to the boundaries of the quarter
section that the crossing is located in,
including the legal description of the land and the name of the water body (if
named) that is crossed, and the UTM coordinates, if available, on which the
watercourse crossing is located;
(
d) the type or types of watercourse crossing structures and conditions determined
in accordance with sections 9, 10, 11 and
Schedule 3 that will be used in
carrying out the works, including, where applicable, the rationale for not using
the preferred type of watercourse crossing referred to in
section 9, and whether
physical or other measures are required to meet clause (
a) in
Part 1 of
Schedule 2;
(
e) the diameter in centimetres or metres of the culvert, the length of the culvert in
metres or the number and length of spans in the bridge, the width of the
watercourse crossing in metres and a description of any other structure that is
part of the watercourse crossing;
(
f) whether the works to be carried out will incorporate the specifications and
recommendations prepared by a qualified aquatic environment specialist, and if
so, the name of the qualified aquatic environment specialist, and consulting
company name, if applicable;
(
g) the expected commencement and completion dates of the works, including the
estimated duration of time that the works will be carried out in a water body;
(
h) for a temporary crossing,
(
i) the type of structure,
(ii) the expected date of removal, and
(iii) whether a qualified aquatic environment specialist will provide written
specifications and recommendations, and if so, the name of the qualified
aquatic environment specialist, and consulting company name, if
applicable.
SCHEDULE 2
Plans
(Section 7)
PART 1
STANDARDS FOR CARRYING OUT A WORKS
Standards that must be met for carrying out a works for the purposes of this Code of
Practice:
(
a) Upon completion of the works, the quantity and productive capacity of the
aquatic environment, including fish habitat, at the watercourse crossing site,
where technically feasible, and adjacent to the watercourse crossing site must
be equivalent to or exceed that which existed prior to commencing the works;
(
b) The selection of a watercourse crossing site must:
(
i) avoid, or if not possible,
(
A) minimize disturbance of the bed and banks of the water body or
(
B) minimize realignment of the water body,
(ii) avoid, if possible, high gradient areas, unstable slopes and actively
eroding banks, and bank seeps or springs;
(
c) The capacity of any culverts and bridges in a watercourse crossing must ensure
that:
(
i) the increase in any back-flooding does not result in flood damage to
private and public property,
(ii) the bed, pier or abutment scour will not endanger the stability of the
works or alter the location of all or part of the water body,
(iii) enough freeboard is provided to pass floating debris and ice without
affecting the stability of the watercourse crossing or creating a potential
for a blockage of the flow of the water body, and
(iv) fish migration through or over the crossing is maintained by ensuring
that, at a minimum, water velocities over or through the crossing do not
create a barrier to migrating fish for more than 3 consecutive days at a 1
in 10 year recurrence interval;
(
d) Works with respect to a watercourse crossing must be carried out in a manner,
(
i) that protects the bed and bank adjacent to the bridge or culvert structure
from bed scour and erosion,
(ii) that maintains or approximates the existing slope of the bed of the water
body,
(iii) that, where applicable, results in the placement of a culvert at or below
the level of the water body bed;
(
e) Measures must be implemented to avoid, or if not possible, minimize
impairment of water quality of the water body;
(
f) Measures must be implemented to avoid harm to or destruction of fish and fish
eggs, and the harmful alteration, disruption or destruction of fish habitat,
including but not limited to fish spawning and nursery areas;
(
g) Upstream and downstream fish migrations must not be impeded over the life
span of the watercourse crossing, following completion of the works;
(
h) The flow of the water body must be maintained at the watercourse crossing site
at all times through or around the crossing;
(
i) Measures must be implemented to minimize the duration and amount of
disturbance of the bed and banks of the water body;
(
j) Measures must be implemented to prevent the deposition into the water body
of deleterious substances and materials that are toxic to fish and other aquatic
organisms;
(
k) Measures must be implemented to prevent the transfer of biota that is not
indigenous to the environment at the watercourse crossing site;
(
l) Measures must be implemented to prevent erosion and sedimentation into the
water body, including temporary erosion control measures;
(
m) Measures must be implemented to permanently stabilize all disturbed areas on
the watercourse crossing site sloping to the water body within one full growing
season;
(
n) Debris disposal, cleanup and initial stabilization must be carried out as part of
the works.
PART 2
REQUIREMENTS FOR INFORMATION AND WRITTEN SPECIFICATIONS
FOR PLANS OF WORKS, FROM OWNER, PROFESSIONAL ENGINEER OR
ENGINEERING TECHNICAL SPECIALIST
Written specifications that must be provided under
section 7(1) must
(
a) meet the standards for carrying out a works specified in
Part 1 of this Schedule;
(
b) incorporate any written specifications and recommendations prepared by a
qualified aquatic environment specialist for the works; and
(
c) include the design specifications of the works and other information related to
the works, including:
(
i) information on a page which is a minimum size of 21 centimetres by
27 centimetres, in a suitable format and scale, and that includes:
(
A) a map, diagram, or air photo that shows the location of the works
in relation to the boundaries of the quarter
section that the
watercourse crossing will be located in, the legal description of
the land, and UTM coordinates, if available, on which the
watercourse crossing is located,
(
B) the name of the water body that is crossed if known,
(
C) the diameter of the culvert or the number of spans in a bridge or a
description of any other structure or causeway to be used as part
of the watercourse crossing,
(
D) piers, abutments and other features that are part of the
watercourse crossing, shown through the width of the active
floodplain of the water body,
(
E) the length in metres of the bridge or culvert in metres that is part
of the watercourse crossing and the height of crossing measured
from stream bed to the top of the crossing,
(
F) all surveyed and unsurveyed profile and cross-sectional drawings
required for the design;
(ii) any hydraulic, hydrologic, or hydrogeologic analysis performed for the
design of the works; and
(iii) a description of any other specifications for the works that the owner or
professional engineer or engineering technical specialist considers
appropriate.
SCHEDULE 3
Conditions for Carrying Out a Works
(Sections 9 and 10)
In addition to the requirements regarding watercourse crossing structures and
conditions specified in sections 9, 10 and 11 of this Code of Practice, the following
conditions must be met in carrying out a works:
PART 1
GENERAL CONDITIONS (Apply to all Watercourse Crossings, Except Type 1
Crossings)
(
a) Subject to clauses (
c) and (
g) of
Part 2, if a water body is flowing, the water
body channel must not be constricted by more than two-thirds (2/3) of its width
during the carrying out of a works;
(
b) Where any excavation of the bed of a water body occurs,
(
i) the excavated areas must be backfilled with material that is of the same
quality and gradation that was removed, except for the Battle, Vermilion
and Beaver Rivers where special conditions apply as specified on the
appropriate map;
(ii) where the width of the crossing measured between the banks of the
water body is less than 15 metres, all material excavated from the bed or
banks of the water body must be removed and stored at a location out of
the water body until the materials are removed from the location or
backfilled into the water body;
(iii) where the width of the crossing measured between the banks of the
water body is equal to or greater than 15 metres, and it is necessary to
stockpile the material excavated from the bed in the water body, the
material must be stockpiled in a manner that avoids areas of highest
water velocity, and does not windrow the material across the channel
perpendicular to the flow of water;
(
c) Where isolating the location of a works,
(
i) the isolation must be carried out in a manner that isolates the location of
the works from the flowing water in the water body, and eliminates the
flow of surface water through the construction site;
(ii) any berms, coffer dams or other isolation structures used in a works
within a flowing watercourse are to be
(
A) constructed of non-erodable material or protected from erosion
for the entire period of time the berm, coffer dam or isolation
structure will be in place, and
(
B) removed completely upon completion of the works;
(iii) in cases where the entire flow of water of a water body is diverted
around the watercourse crossing site, it must be returned to the water
body downstream of the crossing site;
(iv) where ice is present on a water body, any diverted water must be
returned to the water body downstream of the watercourse crossing site,
under the ice if ice is present;
(
v) silt fences may be used in situations where there is low flow in a water
body, where appropriate, to isolate the construction area from the water
body;
(vi) during the carrying out of the works, any fish that are found within the
isolated portion of the watercourse crossing site are to be removed,
without harm to or destruction of the fish, to an area of the water body
immediately adjacent to the watercourse crossing, outside the isolated
portion of the watercourse crossing site;
(vii) during a restricted activity period, when fish are spawning or migrating,
an isolation method that blocks the entire width of a water body must not
be in place for longer than 3 consecutive days, unless upstream and
downstream fish migration is accommodated;
(viii) during a period of time outside a restricted activity period, an isolation
method must not be in place for longer than 14 consecutive days unless
upstream and downstream fish migration is accommodated;
(ix) any water entering an intake of a bypass pumping system must pass
through a screen with openings that are no larger than 2.54 millimetres
and at a velocity that does not result in the entrainment and entrapment
of fish or fish fry;
(
x) any accumulations of silt and sediment within the isolation area resulting
from the works in the isolation area must be removed to an upland site
prior to restoration of water flow through the isolation site;
(xi) any water removed from an isolation area, must be discharged in a
manner that ensures suspended sediments are not introduced into a water
body.
PART 2
WATERCOURSE CROSSING CONDITIONS (Except Temporary Crossings)
A. TYPE 1 CROSSINGS
Where a Type 1 crossing is used, no alteration of the active channel of a water body is
allowed except for minor disturbances associated with the construction of a
watercourse crossing.
B. TYPE 2 CROSSINGS
Where a Type 2 crossing is used, the width of the active channel must not be
significantly narrowed.
C. TYPE 4 CROSSINGS
Where a Type 4 crossing is used, and where granular material or rock is used for fill
and hardening of the bed of the water body at the watercourse crossing site, it must be
clean and without silt or other fine materials.
PART 3
TEMPORARY CROSSING CONDITIONS
A. TYPE 1 CROSSINGS
For single span bridges that are temporary crossings constructed of native timber,
(
a) logs used in the construction must be delimbed;
(
b) except where fill material is ice or snow, fill material placed on the bridge deck
must be held in place and separated from the deck by a geotextile fabric or
natural mat that is impermeable to soil movement;
(
c) removal of the fill material and mat must precede removal of the bridge
structure.
B. TYPE 2 CROSSINGS
All temporary crossings that are Type 2 crossings must be an appropriate size and
constructed in a manner to accommodate the flows of the water body that are
expected during the period of use so that any back-flooding does not result in damage
to public and private land and property.
C. TYPE 3 CROSSINGS
All temporary crossings that are Type 3 crossings must
(
a) be an appropriate size and constructed in a manner to accommodate flows
expected during the period of use so that any back-flooding does not result in
damage to public and private land and property; and
(
b) ensure fish passage is maintained.
D. TYPE 4 CROSSINGS
Where a Type 4 crossing is used, and where granular material or rock is used for fill
and hardening of the bed of the water body at the watercourse crossing site, it must be
clean and without silt or other fine materials.
E. TYPE 5 CROSSINGS
Where a Type 5 crossing is used:
(
a) logs used in constructing the crossing must be delimbed and bucked to at least
1.5 metres longer than the width of the grade fill on each end of the crossing
structure;
(
b) except where fill material is ice or snow, fill material placed on top of the
temporary crossing must be held in place and separated from the deck by a
geotextile fabric or natural mat that is impermeable to soil movement;
(
c) removal of the fill material and mat must precede removal of the logs;
(
d) the bed and banks of the water body must not be altered or disturbed, except
for minor disturbances associated with the construction;
(
e) it must be constructed in a manner to prevent over-ice flooding caused by the
ice being pushed to the bottom of the water body.
SCHEDULE 4
Qualified Aquatic Environment Specialist's Written Specifications and
Recommendations
1(1) The written specifications and recommendations of a qualified
aquatic environment specialist referred to under this Code of Practice
must include:
(
a) specifications and recommendations on measures required to meet the
requirements of clause (a), (
f) and (
g) in
Part 1 of
Schedule 2 of this
Code of Practice;
(
b) a copy of information gathered and assessments made by the qualified
aquatic environment specialist regarding the aquatic environment,
including fish populations and habitat, in preparing the specifications
and recommendations, including but not limited to:
(
i) a list of all existing information, published and unpublished
reports reviewed,
(ii) any new information gathered through field assessments, and
(iii) any reports prepared by the qualified aquatic environment
specialist;
(
c) the crossing location, including the legal description, and the UTM
coordinates;
(
d) a
summary of physical and biological data pertaining to the water body
at the watercourse crossing location including:
(
i) all fish species that are present or could be present at any time
during the year,
(ii) aquatic species of special concern, including rare, endangered,
threatened or vulnerable species,
(iii) a description of existing aquatic and riparian fish habitat,
(iv) a description of the hydrological characteristics of the water body,
and
(
v) any other relevant information regarding the aquatic environment,
including fish populations and habitat;
(
e) a description of any field assessment study sites, the methods used
during field assessments and dates and times of field assessments;
(
f) a description of the anticipated effects of the works on the water body
and aquatic environment;
(
g) the name and signature of the person or persons responsible for the field
assessments and specifications and recommendations.
(2) A field assessment for watercourse crossings must be conducted
(
a) where in the opinion of the qualified aquatic environment specialist, the
required information does not exist to prepare the written specifications
and recommendations in order to meet the requirements of clauses (a),
(
f) and (
g) in
Part 1 of
Schedule 2, including where
(
i) a disruption or alteration of the bed or bank(
s) of a Class B or C
water body occurs, and when the fish passage requirements for a
Type 3 crossing in a fish bearing water body need to be
determined;
(ii) works occur or are anticipated to occur in a water body during a
period of fish spawning, egg incubation, hatching or early fry
development; and
(
b) where the replacement or maintenance of an existing watercourse
crossing is carried out in or over a Class A water body except where
there is a replacement of a Type 1 crossing with a Type 1 crossing.
SCHEDULE 5
Maps
1. Peace River Management Area - [2006/12], published by Alberta's Queen's
Printer, as amended or replaced from time to time
2. Grande Prairie Management Area - [2006/12], published by Alberta's Queen's
Printer, as amended or replaced from time to time
3. High Prairie Management Area - [2006/12], published by Alberta's Queen's
Printer, as amended or replaced from time to time
4. Edson Management Area - [2006/12], published by Alberta's Queen's Printer,
as amended or replaced from time to time
5. Stony Plain Management Area - [2006/12], published by Alberta's Queen's
Printer, as amended or replaced from time to time
6. Pincher Creek Management Area - [2013/05], published by Alberta's Queen's
Printer, as amended or replaced from time to time
7. Lethbridge Management Area - [2006/12], published by Alberta's Queen's
Printer, as amended or replaced from time to time
8. Medicine Hat Management Area - [2006/12], published by Alberta's Queen's
Printer, as amended or replaced from time to time
9. Fort McMurray Management Area - [2006/12], published by Alberta's Queen's
Printer, as amended or replaced from time to time
10. Lac La Biche Management Area - [2006/12], published by Alberta's Queen's
Printer, as amended or replaced from time to time
11. St. Paul Management Area - [2013/05], published by Alberta's Queen's
Printer, as amended or replaced from time to time
12. Camrose Management Area - [2006/12], published by Alberta's Queen's
Printer, as amended or replaced from time to time
13. Red Deer Management Area - [2006/12], published by Alberta's Queen's
Printer, as amended or replaced from time to time
14. Rocky Mountain House Management Area - [2013/05], published by Alberta's
Queen's Printer, as amended or replaced from time to time
15. Calgary Management Area - [2013/05], published by Alberta's Queen's
Printer, as amended or replaced from time to time
16. Canmore Management Area - [2006/12], published by Alberta's Queen's
Printer, as amended or replaced from time to time
17. Brooks Management Area - [2006/12], published by Alberta's Queen's Printer,
as amended or replaced from time to time
Infrastructure
Contract Increases Approved Pursuant to Treasury Board Directive 02/2005
Contract: Innisfail - John Wilson School (K-12) Phase 2 Modernization
Contractor: Vectus Inc.
Reason for Increase: As demolition work progressed, additional hazardous materials
were discovered on exterior walls insulation. It was necessary for further abatement
work to be undertaken in order to complete the final phase of the project.
*Please note that the previous Memorandum Report described the "Amount of
Increase" as $2,488,164.00
**This Memorandum Report reflects an actual reduction in the contract value
"Amount of Increase" from $2,488,164.00 to $2,440,066.30, or about one percent.
***Reason: Reconciliation of contract allowances as actual total fee for additional
abatement work was less than the available funds.
Contract Amount: $8,300,000.00
% Increase: 29%
Amount of Increase: $2,440,066.30
Contract: Ashmont - New K-12 Replacement School
Contractor: United Construction Company Inc.
Reason for Increase: The contract involves construction of a new K-12 school in
Ashmont, Alberta. The overrun is a result of having to remove buried concrete
structures and debris that were not discovered until the commencement of work.
Lobby 1202 Fixture Type Revision, CTS Room Electrical Revisions.
Contract Amount: $22,121,369.00
% Increase: 13%
Amount of Increase: $2,831,527.65
Contract: Two Hills - Two Hills Mennonite Replacement School
Contractor: Jen-Col Construction Ltd.
Reason for Increase: This contract involves the construction of a replacement school
in the Town of Two Hills, Alberta, including a new parking lot and demolition of the
existing school. This overrun is a result of additional costs arising from unusual site
conditions, corresponding design changes, scope increases, escalations and delays.
Contract Amount: $12,455,000.00
% Increase: 117%
Amount of Increase: $14,522,385.22
Contract: Edmonton - Alberta School for the Deaf Modernization
Contractor: Stuart Olson Construction Ltd.
Reason for Increase: This project is being delivered via the Construction
Management (CM) methodology. The scope of CM work was not fully defined (at the
onset of the project) until the design became developed and additional details became
known. The contract increase is the result of necessary structural upgrades, additional
hazardous materials abatement, and mechanical/electrical revisions that were required
due to conditions that were uncovered during the modernization work.
Contract Amount: $28,000,000.00
% Increase: 58%
Amount of Increase: $16,260,000.00
Contract: Sturgeon Composite High School Modernization
Contractor: Synergy Projects Ltd.
Reason for Increase: Changes to scope, unforeseen site conditions and design
revisions.
Contract Amount: $21,665,000.00
% Increase: 24%
Amount of Increase: $5,154,052.95
Contract: Spruce Grove - Woodhaven Middle School - Modular Relocation
Contractor: Rencon Industries Inc.
Reason for Increase: Increased costs for additional hazardous materials remediation,
civil works, and mechanical design changes.
Contract Amount: $792,525.00
% Increase: 54%
Amount of Increase: $428,333.39
Contract: Calgary Remand Centre (CRC) - Divide Living Units
Contractor: Everest Construction Management Ltd.
Reason for Increase: The contract increase during 2018-19 Q4 is attributable to the
additional work requested by the client. The additional work included the installation
of CCTV cameras conduit for future camera installation and other minor changes.
Contract Amount: $4,529,983.00
% Increase: 14%
Amount of Increase: $624,272.32
Contract: Wabasca-Desmarais Provincial Courthouse - Sally-Port Addition &
Renovations
Contractor: Fillmore Construction Management Inc.
Reason for Increase: The building's sanitary lines need to be replaced.
Contract Amount: $2,784,000.00
% Increase: 14%
Amount of Increase: $385,288.97
Contract: Modular Courthouses - Fort Vermilion/Red Earth Creek
Contractor: BCT Structures, ULC
Reason for Increase: Site conditions not fully identified in geotechnical report
impacted placement of courthouse. This resulted in additional site work and more
winter construction of the modular courthouse than originally anticipated.
Contract Amount: $8,537,984.00
% Increase: 10%
Amount of Increase: $866,928.13
Sale or Disposition of Land
(Government Organization Act)
Name of Purchaser: Board of Governors of Portage College
Consideration: $100,600.00
Land Description: Plan 1723261, Block 2, Lot 1. Excepting thereout all mines and
minerals. Area: 26.06 hectares (64.4 acres) more or less.
_______________
Name of Purchaser: E & N Farm Ventures Inc.
Consideration: $4,879,010.00
Land Description: Descriptive Plan 1721751, Block 1, Lot 21. Excepting thereout
all mines and minerals. Area: 4.3 hectares (10.63 acres) more or less.
Justice and Solicitor General
Designation of Qualified Technician Appointment
(Intox EC/IR II)
Royal Canadian Mounted Police, Traffic Services, "K" Division
Bruyere, Alexandre Donald
Cunningham, Stephen Gerald
Di-Loreto, Ryan Domenico
Douglas, Tyson James
Green, Lindon McDonald
Holz, Vanderlei Luis
Horn, Michael Bruce
Koller, Derrick Nelson
Maceachern, Ryan Christopher
Mclaughlin, Falyn Elizabeth
Pepin, Tommy Julien Joseph
Stubbe, Benjamin Isaac
Wight, Jordan Mark
(Date of Designation April 12, 2019)
Office of the Public Trustee
Property being held by the Public Trustee for a period of Ten
(10) Years
(Public Trustee Act)
Section 11 (2)(
b) Name of Person Entitled
to Property
Description
of Property held
and its value or
estimated value
Property part of
deceased person's
Estate or held under
Court Order:
Deceased's Name
Judicial District Court
File Number
Public Trustee
Office
Additional
Information
Missing beneficiaries of
George King
$148,584.72
KING, George
Judicial District of
Calgary
Court File Number:
SES01 088879
C 056062
Missing beneficiaries of
Raymond Melbourne
Hirtle
$56,236.04
HIRTLE, Raymond
Melbourne
Judicial District of
Calgary
Court File Number:
SES01 098028
C 058767
Metis Settlements General Council
Code of Conduct and Conflict of Interest
Policy GC-P1808
WHEREAS Metis people have jurisdiction over the management of Metis Settlement
lands and the governance of their own affairs, subject to the Metis Settlements Act
(the "MSA");
AND
WHEREAS the Government of Alberta and the Metis Settlements General
Council (and its predecessor entities) have a long history of consultation and
cooperation dedicated to achieving the aspirations of the Metis Settlements to provide
for the preservation and enhancement of Metis culture and identity, secure a land base
for future generations, attain culturally appropriate self-governance institutions under
the laws of Alberta, and achieve economic self-sufficiency;
AND
WHEREAS the Metis Settlements have the responsibility for governance and
management of Metis Settlements, including establishing a code of conduct to guide
the conduct of Settlement Councillors pursuant to s. 222(1)((bb.1)(
i) of the MSA;
AND
WHEREAS each Metis Settlement has adopted its own local customs and
systems of local governance which should be respected, subject to the MSA and GC
Policies;
THEREFORE, this General Council policy is adopted to improve the openness,
transparency and accountability of the Metis Settlements.
SECTION 1 - CONTEXT
Background
1. The MSA enables Metis Settlements to attain culturally appropriate self-
government and achieve economic self-sufficiency. The pursuit of these objects
should encourage Elected Officials to conduct themselves to the highest standards
when dealing with one another and Settlement members during their term of office.
Purpose
2. This Policy enables Settlement Councils to pass bylaws establishing a Code of
Conduct consistent with this Policy.
3. This Code of Conduct is expected to enable Elected Officials to:
(
a) foster consensus by establishing common standards of shared accountability
and good conduct in carrying out their Official Duties and by providing the
means by which concerns related to conduct may be addressed;
(
b) reinforce confidence in the ethical behaviour of each Elected Official,
Settlement Council and Metis Settlements General Council;
a manner that reflects positively on the governance institutions of the Metis
Settlements by promoting accountability, openness, respectful engagement
and transparency; and
(
d) perform their official duties and functions in a manner that bears the closest
public scrutiny, an obligation that may not be fully discharged by simply
acting within the law.
Definitions
4. In this Policy:
Associate means
(
a) a partnership in which the Elected Official is a partner;
(
b) a corporation in which the Elected Official holds 25% percent or more
of the issued voting shares, or of which the Elected Official is a
director; or
(
c) an employee of the Elected Official.
Chair means the chief Elected Official and spokesperson of the Metis Settlement
and/or the person chairing a Settlement Council or General Council meeting.
Confidential information, including verbal information means information
that:
(
a) is in the possession of an Elected Official, Settlement or General
Council but that either the Settlement or General Council is prohibited
from disclosing, is required to refuse to disclose, or exercises its
discretion to refuse to disclose under the Freedom of Information and
Protection of Privacy Act;
(
b) concerns matter that is permitted to be discussed only in an in camera
meeting pursuant to
Section 47.1(
d) of the MSA; or
(
c) contains technical, commercial or other proprietary information,
including traditional ecological knowledge, the release of which could
prejudice or be damaging to the Settlement, Metis Settlements General
Council or any other person .
Conflict of interest means a situation in which an Elected Official cannot make a
fair decision, or it may reasonably appear they cannot make a fair decision,
because the Elected Official, their Family Member, or Associate will be affected
by the result.
Elected Official means a Settlement Chair, Settlement Councillor or Executive
Officer of the General Council.
Executive Officer means one of the elected members of the General Council
Executive Committee, namely, the President, Vice-President, Treasurer and
Elected Secretary.
Family member, when used in connection with an Elected Official, means a
spouse, father, mother, brother, sister or child of the Elected Official.
Financial Interest means, in respect of Settlement Councillors a financial
interest as determined under the Financial Interest Policy, GC-P9808. An
Executive Officer of the General Council has a financial interest in a matter
before the Assembly if he or she can reasonably be expected to know that a
decision on the matter could cause the Executive Officer or a Family Member to
gain or lose money.
Land Interest means an interest relating to land in a decision which is made by a
Settlement Council under
Part 4 of the MSA, the Land Policy [GC 9201], or
other applicable GC policies or regulations as amended from time to time.
Membership Interest means an interest relating to settlement membership
decision made by a Settlement Council under
Part 3 of the MSA, or an applicable
GC policy or regulation as amended from time to time.
Official Duty: means when present at a Settlement Council meeting, General
Council Meeting, a board meeting, a meeting with representatives from the
Federal, Provincial or Municipal levels of government, or at any other time when
the Elected Official may be required to participate in decision making or
representation of the Settlements in a work-like setting.
Spouse of a person means an individual who is married to the person, or lives
with the person as husband or wife outside marriage, and is not living apart from
the person under a written separation agreement or court order.
All other terms defined in the MSA, or in regulations under it, have the same meaning
when used in this Policy, unless the context makes such an
interpretation unreasonable.
Footnotes
Footnotes are part of the Policy included to help with
interpretation.
SECTION 2 - CODE OF CONDUCT FOR ELECTED OFFICIALS
Ethical standards
5. To maintain public confidence in the Settlement Councils and the General
Council, Elected Officials must refrain from personal or professional conduct that
brings discredit to the Settlement Councils or General Council, including on social
media.
Care and well-being
6. Elected Officials are responsible to promote the health, safety and welfare of
Settlement members by providing good government, essential services and programs
that advance the common good and that preserve and enhance Metis culture and
identity.
Letter and spirit of the law
7. In carrying out their Official Duties, Elected Officials shall uphold both the letter
Alberta, court rulings, and the policies and bylaws of a Settlement Council and the
General Council.
Represent the position of Council
8. Elected Officials shall represent the official policies and positions adopted by a
resolution of a Settlement Council or the General Council.
Impartiality and preparedness
9. Elected Officials shall ensure they are adequately informed about issues brought
before them, listen attentively to discussion, and make decisions in a fair and
impartial manner based upon an objective analysis of the facts of the issue under
discussion. Elected Officials shall not permit personal bias, prejudice or any matter
amounting to a Conflict of Interest to affect their decisions.
Stewardship
10. Elected Officials are stewards of Settlement resources including, but not limited
to, financial, human and information resources, land, water, air, fish, wildlife and
plants. They are responsible to secure the interests of the Settlement and its members
over the long term to advance culturally appropriate self-government and economic
self-sufficiency.
Metis culture
11. Alberta's Metis Settlements, previously Metis colonies, were first created by the
Province of Alberta in 1938 under the Metis Population Betterment Act. Their
creation was affirmed in the Metis Settlements Accord Implementation Act,
Constitution of Alberta Amendment Act, 1990, Metis Settlements Land Protection Act
and the MSA with the explicit commitment to enshrine a land base to provide for the
preservation and enhancement of Metis culture, identity and self-governance. Elected
Officials are expected to ensure their decisions align with and promote the
preservation and enhancement of Metis culture and the security of the Metis
Settlements land base.
Impairment
12. Elected Officials shall ensure they are free of the influence of intoxicants at all
times that they are performing Official Duties.
Insider information
13. Elected Officials shall not use or communicate Confidential Information that was
gained by the Elected Official in the course of carrying out his or her office or powers
to further or seek to further his or her Financial Interest, or the Financial Interest of a
Family Member or Associate.
Enabling Provisions
14. Settlement Councils may pass a by-law which establishes a more detailed Code
of Conduct to govern the conduct of councilors that includes, without limitations rules
(
a) of procedure to identify and address Conflict of Interest;
(
b) governing the requirements to prepare for, attend and participate in
Settlement Council and General Council meetings;
(
c) governing in camera discussions;
(
d) governing allowable expenses for attendance at General Council meetings or
other Official Duties, including the power to require reimbursement by the
Councillor to the Settlement Council in the event of breach of the by-law;
(
e) governing the acceptance of gifts or other benefits;
(
f) governing the procedure for Settlement Council meetings; and
(
g) establishing an Oath of Office.
15. For further clarity, should a Settlement Council pass a by-law establishing a Code
of Conduct, the by-law may also include those disciplinary measures deemed
necessary by the Settlement Council to enforce compliance with the by-law so long
as:
(
a) the disciplinary measures are proportionate to the breach of the by-law; and
(
b) the disciplinary measures do not include the power to remove Settlement
Councillors, to impose financial penalties or to interfere with all or
substantially all of the duties and responsibilities of the Settlement
Councillor as an Elected Official.
SECTION 3 - CONFLICT OF INTEREST
Basic rule
16. An Elected Official has a Conflict of Interest in a matter they have a Financial
Interest, a Membership Interest or a Land Interest in any matter before Settlement
Council or General Council or that, in the circumstances, it might reasonably appear
that they have such an interest.
17. An Elected Official has a Conflict of Interest in a matter if they can reasonably be
expected to know that their Family Member or Associate has a Financial Interest, a
Membership Interest or a Land Interest in any matter before Settlement Council or
General Council or that, in the circumstances, it might reasonably appear that their
Family Member or Associate has such an interest.
Exemptions from the basic rule
18. An Elected Official does not have a Conflict of Interest by reason only of any
Membership Interest or Land Interest that is held in common with the majority of
Settlement members, or if the matter only affects part of the Settlement area, with the
majority of the members who live in that part.
Dealing with Conflict of Interest
19. The requirements for Settlement Councillors to disclose and address Financial
Interests in a matter before Council is described at
section 39 of the MSA and the
Financial Interest Policy [GC P9808].
20. In addition to
section 39, a Settlement Councillor must disclose to the Settlement
Council any Membership Interest or Land Interest that the Councillor has in a matter
before the Council.
21. Settlement Councils may pass a by-law which provides a procedure for the
Settlement Council to consider and address any Conflicts of Interest that are disclosed
by Settlement Councillors in respect of decisions before the Council or General
Council.
SECTION 4 - TRANSITIONAL
Breaches prior to passage
22. No proceeding may be commenced under this Policy in respect of an alleged
breach of this Policy committed prior to its approval pursuant to
section 224 of the
MSA.
23. THIS POLICY IS HEREBY DULY APPROVED AND PASSED by the General
Council on 3rd Reading this 22nd day of November, 2018 at Edmonton, in the
Province of Alberta.
Metis Settlements General Council
Per:
______________________________
Gerald Cunningham, President
Per:
______________________________
Dorothy Anderson, Elected Secretary
SCHEDULE "A" OATH OF OFFICE
Official oath
When by a statute of Alberta a person is required to take an official oath on being
appointed to an office other than that of judge or justice of the peace, or being
admitted to a profession or calling, the oath shall be taken in the following form:
I, _________________________, swear that I will diligently, faithfully and to the
(Name)
best of my ability, execute according to the law of the office of the Settlement
Councillor of the ________________________.
(Name of the Settlement)
So help me God.
Solemn affirmation
A person who is required by a statute of Alberta to take an oath prescribed by this Act
may make a solemn affirmation instead of taking the oath.
When on the administering of an oath prescribed by this Act the person about to take
the oath is permitted by law to make a solemn affirmation instead of taking an oath,
the person may make a solemn affirmation in the prescribed form of the oath,
substituting the words "solemnly affirm" for the word "swear", and omitting the
words "So help me God".
SCHEDULE "B" CODE OF CONDUCT
In recognition of my commitment and dedication to serve the members who have
entrusted me to provide good governance, I promise I will:
1. Make decisions that provide for the preservation and enhancement of Metis culture
and identity, secure a land base for future generations of Metis Settlement
members, attain culturally appropriate self-governance institutions, and achieve
economic self-sufficiency.
2. Maintain my permanent residence on the __________________ Settlement for
the duration of my elected term of office. If I move away from the Settlement, I
will tender my resignation within 30 days.
3. Familiarize myself with the General Council Policies and by laws applicable to
my Settlement and govern my conduct in accordance with the requirements and
obligations set out in the MSA or any other legislation including General Council
policies, Settlement bylaws, process or rule of order established by my
Settlement Council or General Council.
4. Devote the necessary time, thought and attention to the duties of an Elected
Official so that I may render effective and knowledgeable service. Discharge the
powers vested in me honourably, faithfully, and conscientiously by considering
all available information in decision making, ensuring I devote sufficient time
and energy to committees and by ensuring I adhere to the terms of reference to
any committees to which I am appointed.
5. Treat my fellow Elected Officials, administrative staff and Settlement members
with respect, concern, and courtesy, including any representations on social
media.
6. Reimburse my Settlement or General Council for any travel expenses paid in
advance for any meeting that I do not attend or leave early without authorization,
or any expense to which I am not legitimately entitled according to the applicable
travel policy of my Settlement or General Council.
7. Protect and safeguard the privileged information to which I have access in the
course of my official duties; and maintain the confidentiality of information.
8. Refrain my using my position to secure for myself, my family members, or any
other person or organization special privileges, favours, or exemptions, including
not using Settlement assets or General Council assets for my personal benefit.
9. Acknowledge that, unless explicitly authorized by my Settlement Council
through a formal resolution, I have no individual legal authority outside of a
meeting of Council to direct staff and that I must conduct my relationships with
my fellow Elected Officials, administrative staff, Settlement members and the
general public on this basis.
10. Acknowledge that any unethical conduct not covered by or specifically
prohibited by this Policy or other legislative or statutory provisions does not
imply that such conduct is therefore condoned.
All of which I affirm that I have read, understood and with which I agree to comply as
indicated by my signature executed on the date provided below.
_________________________
Elected Official Signature
___________________
Date
_________________________
Name of Settlement
Property Assessment Policy
GC-P1807
WHEREAS:
A. Pursuant to
section 166 of the Metis Settlements Act, if there is a General Council
Policy that allows for a settlement council to make bylaws to tax land, interests in
land or improvements on land in the settlement area, a settlement council may make
such bylaws in accordance with that policy;
B. The General Council deems it to be in the best interests of the settlements of
Alberta to make such a policy to authorize settlements to assess and tax business
property located within settlement areas for the purposes of raising revenue for the
cost of settlement expenditures and community services; and
C. The General Council has given notice of this Policy and has considered any
representations received by the General Council, in accordance with the requirements
of the Metis Settlements Act;
NOW THEREFORE the Metis Settlements General Council duly enacts as
follows:
PART I - CITATION
Citation
1. This Policy may be cited as the Metis Settlements General Council Property
Assessment Policy 2018.
PART II -
DEFINITIONS AND REFERENCES
Definitions and References
(1) In this Policy:
"Act" means the Metis Settlements Act, RSA 2000, c M-14, as may be amended
or replaced from time to time, and the regulations and policies enacted under
that Act;
"Appeal Tribunal" means the Metis Settlements Appeal Tribunal as established
under the Act;
"assessable property" means property in respect of which an assessment has been
or may be prepared under this Policy;
"assessed person" means a person who is named on an assessment roll prepared
pursuant to this Policy;
"assessed value" means the value of a property, as determined under this Policy;
"assessing settlement" means the particular settlement that has assessed property;
"assessment" means a value of property determined in accordance with this
Policy;
"assessment class" means those categories of property established in
section 6
for the purposes of assessment and taxation;
"Assessment Notice" means a notice prepared pursuant to
section 16 of this
Policy;
"assessment roll" means a roll prepared pursuant to this Policy and includes a
supplementary assessment roll, an amended assessment roll, and an
assessment roll referenced under
section 9(3);
"assessment year" means the year prior to the taxation year;
"assessor" means a person appointed by settlement council under
section 3(1);
"business property" means property used to carry on a business other than a
settlement member owned farm;
"Business Property Contributions Policy" means the Metis Settlements General
Council Business Property Contributions Policy, Policy GC-P9602, 1996;
"complainant" means a person who commences a complaint pursuant to
Part
VIII of this Policy;
"designated industrial property" means
(
a) facilities regulated by the Alberta Energy Regulator, the Alberta
Utilities Commission or the National Energy Board,
(
b) linear property,
(
c) property designated as a major plant by Provincial property assessment
regulations,
(
d) land and improvements in respect of a parcel of land where that parcel
of land contains property described in subclause (
a) or (c), and
(
e) land and improvements in respect of land in which a leasehold interest
is held where the land is not registered in a land titles office and
contains property described in subclause (
a) or (c);
"electric power system" means an electric distribution system, an electric
generation system or an electric transmission system;
"electric transmission system" means a system or arrangement of lines of wire or
other conductors and transformation equipment situated wholly in Alberta
whereby electric energy, however produced, for which rates are regulated by
the Alberta Utilities Commission is transmitted in bulk, and includes
(
a) transmission circuits composed of the conductors that form the
minimum set required to transmit electric energy,
(
b) insulating and supporting structures,
(
c) substations, and
(
d) operational and control devices,
but does not include land, buildings, an electric generation system or an
electric distribution system;
"General Council" has the meaning given to that term in the Act;
"General Council Policy" has the meaning given to that term in the Act;
"improvement" means
(
a) a structure,
(
b) anything attached or secured to a structure that would be transferred
without special mention by transfer or sale of the structure,
(
c) a manufactured home, mobile home, modular home or travel
trailermobile unit, and
(
d) machinery and equipment;
"linear property" means
(
a) electric power systems,
(
b) street lighting systems,
(
c) telecommunication systems,
(
d) pipelines,
(
e) railway property, and
(
f) wells;
"machinery and equipment" means materials, devices, fittings, installations,
appliances, apparatus and tanks other than tanks used exclusively for
storage, including supporting foundations and footings and any other thing
prescribed by General Council resolution that forms an integral part of an
operational unit intended for or used in
(
a) manufacturing,
(
b) processing,
(
c) the production or transmission by pipeline of natural resources or
products or byproducts of that production,
(
d) the excavation or transportation of coal or oil sands, as defined in the
Oil Sands Conservation Act,
(
e) a telecommunication system, or
(
f) an electric power system;
"manufactured home" means any structure, whether ordinarily equipped with
wheels or not, that is manufactured to meet or exceed the Canadian
Standards Association standard CSA Z240 and that is used as a residence or
for any other purpose;
"mobile home" means a structure that is designed to be towed or carried from
place to place and that is used as a residence or for any other purpose, but
that does not meet Canadian Standards Association standard CSA Z240;
"modular home" means a home that is constructed from a number of
pre-assembled units that are intended for delivery to and assembly at a
residential site;
"person" includes a partnership, syndicate, association, corporation and the
personal or other legal representatives of a person;
"pipeline" means any continuous string of pipe, including loops, bypasses,
cleanouts, distribution meters, distribution regulators, remote telemetry
units, valves, fittings and improvements for the protection of pipelines used
or intended for use in gathering, conveying, transporting, distributing or
disposal of any substance or combination of substances, but does not include
(
a) a pipe used or intended for use to convey water, other than in
connection with
(
i) a facility, scheme or other matter authorized under the Oil and Gas
Conservation Act or the Oil Sands Conservation Act, or
(ii) a coal processing plant or other matter authorized under the Coal
Conservation Act,
(
b) a regulating or metering station or the inlet valve or outlet valve in any
processing, refining, manufacturing, marketing, transmission line
pumping, heating, treating, separating or storage facility or any
installation, material, device, fitting, apparatus, appliance, machinery or
equipment between those valves,
(
c) a pipe, installation, material, device, fitting, apparatus, appliance,
machinery or equipment between valves referred to in subclause (b), or
(
d) land or buildings;
"property" means
(
a) a parcel of land,
(
b) an improvement, or
(
c) a parcel of land and the improvements to it;
"Province" or "Provincial" means or refers to the province of Alberta;
"provincial assessor" means the provincial assessor designated pursuant to the
Municipal Government Act of Alberta;
"railway property" means
(
a) the continuous strip of land owned or occupied by a person as a
right-of-way for trains leading from place to place in Alberta, but does
not include
(
i) land outside the right-of-way, or
(ii) land used by the person for purposes other than the operation of
trains,
(
b) grading, ballasts or improvements located within or outside a
right-of-way for trains and used in the operation of trains, and
(
c) the improvements that form part of a telecommunications system used
or intended for use in the operation of trains,
but does not include any part of an amusement railway, heritage railway or
urban rail transit system as defined in the Railway (Alberta) Act;
"request for information" means a written request for information prepared by an
assessor pursuant to
section 7 of this Policy;
"resolution" means a motion passed and approved by a majority of settlement
council present at a duly convened meeting;
"settlement" has the meaning given to that term in the Act;
"settlement area" has the meaning given to that term in the Act;
"settlement member" means an individual who is a member of a settlement;
"settlement council" means the council of a settlement;
"street lighting systems" includes structures, installations, fittings and equipment
used to supply light, but does not include land or buildings;
"structure" means a building or other thing erected or placed in, on, over or under
land, whether or not it is so affixed to the land as to become transferred
without special mention by a transfer or sale of the land;
"supplementary Assessment Notice" means a notice containing the information
required under subsection 18(10);
"supplementary assessment roll" means an assessment roll prepared pursuant to
sections 18(5) and 18(6);
"tax administrator" means the person appointed by a settlement council to that
position under the Taxation Policy;
"Taxation Policy" means the Metis Settlements General Council Property
Taxation Policy 2018;
"taxation year" means the calendar year to which an assessment roll applies for
the purposes of taxation;
"taxes" includes
(
a) all taxes imposed, levied, assessed or assessable under the Taxation
Policy, and all interest added to taxes under the Taxation Policy, and
(
b) for the purposes of collection and enforcement, all taxes imposed,
levied, assessed or assessable under any other local revenue bylaw of a
settlement, and all penalties, interest and costs added to taxes under
such a bylaw;
"telecommunications systems" includes
(
a) a system used or intended to be used for the transmission, emission,
reception, switching, compilation or transformation by cable
distribution undertakings and telecommunication carriers that are
subject to the regulatory authority of the Canadian Radio-television and
Telecommunications Commission or any successor of the Commission,
and
(
b) the items listed in the Minister's guidelines under
section 322(2) of the
Municipal Government Act as components of a system referred to in
subclause (a),
but does not include a private system to which the public is not intended to
have access, a radio communications system intended for direct reception by
the public or any land or buildings; and
"wells" includes
(
a) any pipe in a well that is used or intended for use in
(
i) obtaining gas or oil, or both, or any other mineral,
(ii) injecting or disposing of water, steam, salt water, glycol, gas or
any other substance to an underground formation,
(iii) supplying water for injection to an underground formation, or
(iv) monitoring or observing performance of a pool, aquifer or an oil
sands deposit,
(
b) well head installations or other improvements, with the exception of
machinery and equipment, located at a well site used or intended for
use for any of the purposes described in subclause (
a) or for the
protection of the well head installations,
(
c) the land that forms the site of a well used for any of the purposes
described in subclause (
a) if it is by way of a lease, licence or permit,
(
d) a building at a well site that contains machinery and equipment related
to the well;
(2) In this Policy, references to a Part (e.g.
Part I),
section (e.g.
section 3,
Section
3(1)), subsection (e.g. subsection (1), subsection (a)) or
Schedule (e.g.
Schedule
I) is a
reference to the specified Part, section, subsection, or
Schedule of this Policy, except
where otherwise stated.
PART III - ADMINISTRATION
Assessor
(1) A settlement council must, by resolution, appoint one or more assessors
annually to undertake assessments of property located within the settlement area in
the resolution.
(2) An assessor appointed by settlement council must be qualified to conduct
assessments of property in the Province.
Application of Policy
4. This Policy applies to all property located within settlement areas.
PART IV - ASSESSED VALUE
Assessment and Valuation
(1) The assessor must assess each property in the settlement area that is subject to
taxation under the Taxation Policy and each property for which payments-in-lieu may
be accepted by a settlement council.
(2) For the purposes of assessing interests in property, the assessor must, in a fair and
equitable manner, use
(
a) the valuation methods, standards, rates, rules, and formulas established
under Provincial assessment legislation and regulations existing at the time
of assessment; and
(
b) the assessment rules, practices, procedures and guidelines used by assessors
in the Province for preparing assessments.
(3) Each assessment must reflect the
(
a) characteristics and specifications of the property on October 31 of the year
prior to the year in which a tax is imposed pursuant to the Taxation Policy;
and
(
b) valuation and other standards used under the Provincial legislation and
regulations as of July 1st of the assessment year for that property as if it were
located off the settlement.
(4) Unless subsection (5) applies, an assessment must be prepared for an
improvement whether or not it is complete or capable of being used for its intended
purpose.
(5) No assessment is to be prepared for
(
a) new linear property that is not operational on or before October 31 of the
assessment year;
(
b) new improvements, other than designated industrial property improvements,
that are intended to be used for or in connection with a manufacturing or
processing operation and that are not operational on or before December 31
of the assessment year;
(
c) for new designated industrial property improvements, other than linear
property, that are intended to be used for or in connection with a
manufacturing or processing operation and that are not operational on or
before October 31;
(
d) new improvements, other than designated industrial property improvements, that
are intended to be used for the storage of materials manufactured or processed by
the improvements referred to in subsection (b), if the improvements referred to in
subsection (
b) are not operational on or before December 31 of the assessment
year.
(6) Assessments for designated industrial property must be prepared in accordance
with Provincial legislation and regulations and be consistent with the practices of the
provincial assessor.
Assessment Classes
(1) For the purposes of this Policy and for the Taxation Policy, General Council
hereby adopts the assessment classes established by the Province for property
assessment purposes.
(2) The assessment classes established under subsection (1) are set out in
Schedule I
to this Policy.
(3) When preparing an assessment of property, the assessor must assign one or more
of the assessment classes to the property using the Provincial classification rules for
each assessment class.
(4) Where a property falls into two or more assessment classes, the assessor must
determine the share of the assessed value of the property attributable to each class and
assess the property according to the proportion each share constitutes of the total
assessed value.
PART V - REQUESTS FOR INFORMATION AND INSPECTIONS
Requests for Information
(1) The assessor may, for any purpose related to the administration and
implementation of this Policy, deliver a request for information, which includes a
response deadline date, regarding the property to any person regarding a property.
(2) An assessor may request information or documents under subsection (1) only in
respect of a property within the settlement area of the assessing settlement.
(3) If the person who received a request for information does not provide the
requested information, the assessor must prepare the assessment using whatever
information is available.
(4) The assessor may in all cases assess the property based on the information
available to him or her and is not bound by the information provided.
Inspections
(1) After giving reasonable notice to the owner or occupier of any property, an
assessor may at any reasonable time, for the purpose of carrying out the duties and
responsibilities of the assessor under this Policy or determining if the property is to be
assessed,
(
a) enter on and inspect the property,
(
b) request anything to be produced to assist the assessor in preparing the
assessment or determining if the property is to be assessed; and
(
c) make copies of anything necessary to the inspection.
(2) When carrying out duties under subsection (1), an assessor must produce
identification on request.
(3) An assessor must, in accordance with this Policy, inform the owner or occupier of
any property of the purpose for which information is being collected.
PART VI - ASSESSMENT ROLL AND ASSESSMENT NOTICE
Recording Assessed Persons
(1) The name of the person described in column 2 must be recorded on the
assessment roll as the assessed person in respect of the assessed property described in
column 1.
Column 1 - Assessed Property
Column 2 - Assessed Person
(
a) a parcel of land, unless otherwise
dealt with in this subsection
the owner of the parcel of land
(
b) a parcel of land and the
improvements to it, unless otherwise
dealt with in this subsection
the owner of the parcel of land
(
c) a parcel of land, an improvement or
a parcel of land and the
improvements to it held under a
lease, licence or permit from the
Crown in right of Alberta or Canada
or a municipality
the holder of the lease, licence or
permit or, in the case of a parcel of
land or a parcel of land and the
improvements to it, the person who
occupies the land with the consent
of that holder or, if the land that was
the subject of a lease, licence or
permit has been sold under an
agreement for sale, the purchaser
under that agreement
(
d) a parcel of land forming part of the
station grounds of, or of a right of
way for, a railway other than railway
property, or a right of way for,
irrigation works as defined in the
Irrigation Districts Act or drainage
works as defined in the Drainage
Districts Act, that is held under a
lease, licence or permit from the
person who operates the railway, or
from the irrigation district or the
board of trustees of the drainage
district
the holder of the lease, licence or
permit or the person who occupies
the land with the consent of that
holder
(
e) railway property
the owner of the railway property
(
f) a parcel of land and the
improvements to it held under a
lease, licence or permit from a
regional airports authority, where
the land and improvements are used
in connection with the operation of
an airport
the holder of the lease, licence or
permit or the person who occupies
the land with the consent of that
holder
(
g) a parcel of land, or a part of a parcel
of land, and the improvements to it
held under a lease, licence or permit
from the owner of the land where
the land and the improvements are
used for
(
i) drilling, treating, separating,
refining or processing of natural gas,
oil, coal, salt, brine or any
combination, product or by-product
of any of them,
(ii) pipeline pumping or
compressing, or
(iii) working, excavating,
transporting or storing any minerals
in or under the land referred to in the
lease, licence or permit or under
land in the vicinity of that land.
the holder of the lease, licence or
permit
(
h) machinery and equipment used in
the excavation or transportation of
coal or oil sands as defined in the
Oil Sands Conservation Act
the owner of the machinery and
equipment
(
i) improvements to a parcel of land
listed in
section 5(5) for which no
assessment is to be prepared
the person who owns or has
exclusive use of the improvements
(
j) linear property
the operator of the linear property
(
k) a designated manufactured home on
a site in a manufactured home
community and any other
improvements located on the site
and owned or occupied by the
person occupying the designated
manufactured home
the owner of
(
i) the designated manufactured
home, or
(ii) the manufactured home
community if the settlement council
passes a bylaw to that effect
(
l) a designated manufactured home
located on a parcel of land that is not
owned by the owner of the
designated manufactured home
together with any other
improvements located on the site
that are owned or occupied by the
person occupying the designated
manufactured home
the owner of the designated
manufactured home if the settlement
council passes a bylaw to that effect
(2) When land is occupied under the authority of a right of entry order as defined in
the Act or an order made under any other act, it is, for the purposes of subsection (1),
considered to be occupied under a lease or licence from the owner of the land.
(3) A person who purchases property or in any other manner becomes liable to be
shown on the assessment roll as an assessed person
(
a) must provide to the provincial assessor, in the case of designated industrial
property, or
(
b) must provide to the settlement by way of attention to the tax administrator,
in the case of property other than designated industrial property,
(
c) written notice of a mailing address to which notices under this Policy may
be sent.
(4) Despite subsection (1)(c), no individual who occupies housing accommodation
under a lease, licence or permit from a management body under the Alberta Housing
Act is to be recorded as an assessed person if the sole purpose of the lease, licence or
permit is to provide housing accommodation for that individual.
Assessment Roll
(1) On or before March 31 of each taxation year, the assessor must complete a
new assessment roll containing a list of every property that is liable to assessment
under this Policy.
(2) The assessment roll must be in paper or electronic form and must contain the
following information for every assessed property:
(
a) the name and last known address of the assessed person;
(
b) a short description of the property;
(
c) the assessment class or classes for the property;
(
d) the assessed value by classification of the property;
(
e) the total assessed value of the property;
(
f) any other information the assessor considers necessary or desirable.
(3) For greater certainty, an assessment roll prepared under the enactment repealed
section 30 is and continues to be an assessment roll under this Policy and must be
used until such time as the next assessment roll is prepared and certified in
accordance with this Policy.
Certification by Assessor
11. On completion of an assessment roll, the assessor must
(
a) certify in writing in substantially the same form as set out in
Schedule V that
the assessment roll was completed in accordance with the requirements of
this Policy; and
(
b) deliver a copy of the certified assessment roll to the assessing settlement.
Validity of Assessment Roll
12. An assessment roll is effective on certification and, unless amended in
accordance with this Policy, by a decision of the Appeal Tribunal or by an order of a
court of competent jurisdiction, is
(
a) valid and binding on all parties concerned, despite any
(
i) omission, defect or error committed in, or with respect to, the
assessment roll,
(ii) defect, error or misstatement in any notice required, or
(iii) omission to give any notice required; and
(
b) for all purposes, the assessment roll of the settlement until the next certified
assessment roll.
Inspection and Use of Assessment Roll
(1) On receipt by a settlement council, the assessment roll is open to inspection in
the settlement council office by any person during regular business hours.
(2) A person must not, directly or indirectly, use the assessment roll or information
contained in the assessment roll to
(
a) obtain names, addresses or telephone numbers for solicitation purposes,
whether the solicitations are made by telephone, mail or any other means; or
(
b) harass an individual.
(3) The tax administrator may require a person who wishes to inspect the assessment
roll to complete a declaration in substantially the form set out in
Schedule II
(
a) specifying the purpose for which the information is to be used; and
(
b) certifying that the information contained in the assessment roll will not be
used in a manner prohibited under this section.
Protection of Privacy in Assessment Roll
(1) On application by an assessed person, the tax administrator may omit or
obscure the assessed person's name, address or other information about the assessed
person that would ordinarily be included in an assessment roll if, in the tax
administrator's opinion, the inclusion of the name, address or other information could
reasonably be expected to threaten the safety or mental or physical health of the
assessed person or a member of the assessed person's household.
(2) Where the tax administrator omits or obscures information under subsection (1),
such information must be obscured from all assessment rolls that are available for
public inspection under
section 13 or are otherwise accessible to the public.
Chargeholders
(1) Any person holding a charge on property may, at any time, give notice, with
full particulars of the nature, extent and duration of the charge, to the assessor and
request that his or her name be added to the assessment roll in respect of that
assessable property, for the duration of the charge.
(2) On receipt of a notice and request under this section, the assessor must enter the
person's name and address on the assessment roll and provide copies of all
assessment notices issued in respect of the assessable property.
Assessment Notices
(1) The tax administrator must, on or before May 31 of each taxation year, mail
an Assessment Notice which shows the date of mailing and is in substantially the
same form as shown in
Schedule III to every assessed person named in the assessment
roll in respect of property, to the assessed person's address recorded in the assessment
roll. The Assessment Notice is deemed to have been received on the seventh day after
the day it is mailed.
(2) A person whose name appears in the assessment roll must give written notice to
the tax administrator of any change of address.
(3) Any number of properties assessed in the name of the same assessed person may
be included in one Assessment Notice.
(4) If several properties are assessed in the name of the same assessed person at the
same value, the Assessment Notice may clearly identify the property assessed,
without giving the full description of each property as it appears in the assessment
roll.
(5) If there is an error, omission or misdescription in any of the information shown
on an Assessment Notice, the tax administrator may prepare and send an amended
Assessment Notice to all assessed persons named on the assessment roll in respect of
that property.
(6) Subject to
section 13 and subsection (7), the tax administrator must provide to
any person upon request the information contained in the current Assessment Notice.
(7) Where information has been omitted or obscured under
section 14(1), the assessor
must omit that information from a notice provided under subsection (6).
(8) The Assessment Notice and the Tax Notice required under the Taxation Policy
relating to the same property may be mailed together or combined into one notice.
PART VII - CORRECTIONS TO ASSESSMENT ROLL
Corrections and Amendments to Assessment Roll
(1) Where the assessor determines that
(
a) there is an error, omission or misdescription in any of the information shown
on the assessment roll,
(
b) no assessment has been prepared for an assessable property, or
(
c) property that was exempt from taxation under the Taxation Policy has
become taxable or taxable property has become exempt from taxation,
the assessor must make the necessary correction or amendment to the assessment
roll and notify the settlement council.
(2) Upon receiving notice from the assessor of any correction or amendment to the
assessment roll, the tax administrator must mail an amended Assessment Notice to
every person named in the assessment roll in respect of the property affected.
(3) Where the assessor amends the assessment roll to correct errors and omissions or
reflect decisions of the settlement council or Appeal Tribunal, the assessor must
(
a) date and initial amendments made to the assessment roll; and
(
b) report the change or correction to settlement.
(4) Where the assessment roll is amended under this Policy, the amendments are an
integral part of the assessment roll and are deemed to be effective as of the date the
assessment roll was certified under
section 10.
(5) The assessor must not amend the assessment roll contrary to an order or direction
of the Appeal Tribunal or a court of competent jurisdiction.
Supplementary Assessments
(1) A settlement council may by bylaw direct, the assessor to prepare
supplementary assessments for machinery and equipment if those improvements are
completed or begin to operate during the taxation year.
(2) A settlement council may by bylaw direct the assessor to prepare supplementary
assessments for other improvements, including designated industrial property, if
(
a) they are completed in the taxation year;
(
b) they are occupied during all or any part of the taxation year; or
(
c) they are moved onto the settlement during the taxation year.
(3) A supplementary assessment must reflect the
(
a) value of an improvement that has not been previously assessed; or
(
b) increase in the value of an improvement since it was last assessed.
(4) Supplementary assessments must be prepared in the same manner as assessments
prepared under this Policy, but must be prorated to reflect only the number of months
during which the improvement is complete, occupied, in operation or located on the
settlement, including the whole of the first month in which the improvement was
completed, occupied, began to operate or was moved onto the settlement.
(5) The assessor must prepare a supplementary assessment roll on or before
December 31 in the taxation year in which supplementary assessments are prepared.
(6) A supplementary assessment roll must include the same information required to
be shown on the assessment roll, and the date that the improvement
(
a) was completed, occupied, or moved onto the settlement, or
(
b) began to operate.
(7) The duties imposed on the assessor with respect to the assessment roll and the
provisions of this Policy relating to assessments and assessment rolls, so far as they
are applicable, apply to supplementary assessments and supplementary assessment
rolls.
(8) The assessor must, no later than December 31 in the taxation year in which a
supplementary assessment roll is prepared, deliver a certified copy of the
supplementary assessment roll to the settlement council.
(9) The tax administrator must, no later than December 31 in the taxation year in
which a supplementary assessment roll is prepared,
(
a) prepare a supplementary Assessment Notice for every assessed
improvement shown on the supplementary assessment roll; and
(
b) mail a supplementary Assessment Notice to every person named on the
supplementary assessment roll in respect of each assessed improvement
affected.
(10) A supplementary Assessment Notice must contain the information
(
a) set out in
Schedule III; and
(
b) required under subsection (6).
PART VIII - COMPLAINTS
Review by Settlement Council
(1) An assessed person may submit a complaint to the settlement council of the
assessing settlement regarding the particulars of an Assessment Notice received by
that assessed person. A complaint regarding an Assessment Notice must be based on
one or more of the following grounds:
(
a) the description of the property;
(
b) the assessed value of the property;
(
c) the complainant's status as an assessed person for the property; or
(
d) the assessment class of the property.
(2) A complaint based on one or more of the grounds identified in subsection (1)
must:
(
a) be made in writing by the complainant and include all of the information set
out in
Schedule IV;
(
b) include reasons in support of the complaint;
(
c) include the supporting documentation, if any, that the complainant wishes to
rely on; and
(
d) be delivered to the settlement council within thirty (30) days from the date
of delivery of the Assessment Notice subject to the complaint;
(3) Delivery of a complaint to a settlement council must be made personally or by
mail. Personal delivery must be made by leaving the document with the individual
apparently in charge, at the time of delivery, of the main administrative office of the
assessing settlement. The complaint is considered to have been delivered to a
settlement council on the date of personal delivery, or if sent by mail on the seventh
day after the day it is mailed.
(4) All rights to a review hearing and appeal respecting a complaint under this Policy
are extinguished in the event that an applicant does not fulfill all of the criteria listed
in subsection (2).
(5) Provided that a complainant has fulfilled all of the criteria listed in subsection (2),
a settlement council shall refer the complaint to the assessor with instructions to
review the matter with the complainant and to provide a written report back to
settlement council by a certain date.
(6) Complaints that comply with all of the criteria in subsection (2) shall be
scheduled for a review hearing by a settlement council after the assessor has provided
a written report. Notice of the date and time of the review hearing shall be sent to the
complainant at his or her address for service at least 14 days prior to the date of the
review hearing. A person or an agent authorized in writing by the complainant is
entitled to attend the review hearing and may make oral submissions regarding the
complaint.
(7) After considering the report of the assessor and after a review hearing has
occurred, a settlement council shall render a decision regarding the complaint within
90 days of the review hearing date. A notice of the decision must be sent to the
complainant at his or her address for service