Alberta Regulation 100/2019

Oil and Gas Conservation Act

Oil Sands Conservation Act

Responsible Energy Development Act

CURTAILMENT RULES AMENDMENT REGULATION

Filed: August 20, 2019

For information only: Made by the Lieutenant Governor in Council (O.C. 155/2019)

on August 20, 2019 pursuant to

section 10 of the Oil and Gas Conservation Act,

section 20 of the Oil Sands Conservation Act and

section 68 of the Responsible

Energy Development Act.

1 The Curtailment Rules (AR 214/2018) are amended by

this Regulation.

Section 5.2(1) is amended by striking out "January,

February and March of 2019" and substituting "January, February,

March and December".

3 The following is added after

section 5.4:

Adjustment for acquisition or disposition

5.5(1) This

section applies in respect of every month following

September 2019.

(2) The Minister may, by order, amend an operator's curtailment

order to alter the combined amount of crude oil and crude bitumen

that may be produced by the operator in any month to which this

section applies to an amount that the Minister considers sufficient to

account for a change in the operations of the operator if the Minister

is satisfied that all of the following apply:

(

a) there has been a change in the operator's operation as a result

(

i) the operator's acquisition of all or part of the operation

of another operator, or

(ii) the operator's disposition of all or part of its operation

to another operator;

(

b) the change in the operator's operation would justify altering

the combined amount of crude oil and crude bitumen that

may be produced by the operator;

(

c) the amount of crude oil and crude bitumen that the operator

would be permitted to produce under the amended

curtailment order is consistent with the purpose of these

Rules as set out in

section 2.

(3) An amendment to an operator's curtailment order may be made

under subsection (2) in respect of any change in the operation of the

operator that occurs after December 31, 2018.

(4) An order under subsection (2) applies notwithstanding that the

effect of the order is to cause the combined provincial production

allocation for crude oil and crude bitumen for a month to be

exceeded.

Section 9(3) is amended by striking out "2022" and

substituting "2023".

Section 10 is amended by striking out "2019" and

substituting "2020".

Section 1 of the

Schedule is amended

(

a) in subsection (5) by striking out "10 000" and

substituting "20 000";

(

b) in subsection (6) by striking out "310 000" and

substituting "620 000".

Section 3 of the

Schedule is amended by striking out

"310 000" and substituting "620 000".

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

Alberta Regulation 101/2019

Traffic Safety Act

TRAFFIC SAFETY REGULATIONS AMENDMENT REGULATION

Filed: September 10, 2019

For information only: Made by the Minister of Transportation (M.O. 28/19) on

September 10, 2019 pursuant to

section 64(b), (c), (c.1) and (

u) of the Traffic Safety

Act.

1(1) The Driver Training Regulation (AR 316/2002) is

amended by this section.

(2) The title of the Regulation is repealed and the following

is substituted:

DRIVER TRAINING AND DRIVER

EXAMINATION REGULATION

(3) Section 1 is amended

(

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

(c) "driver examination" means a road test designed to

determine whether or not a person is competent to hold

an operator's licence of a particular class;

(

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

(i) "examiner's licence" means a licence issued under Part

(

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

(j.1) "licensed driver examiner" means the holder of a

subsisting examiner's licence;

(j.1.1) "licensed driver examiner procedures manual" means

the licensed driver examiner procedures manual referred

to in

section 32(1);

(

d) by adding the following after clause (j.2):

(j.3) "registry" means a registry as defined in the

Government Organization Act;

(4) Part 3 is repealed and the following is substituted:

Part 3

Licensed Driver Examiner

Licence required

26(1) A person shall not conduct a driver examination unless the

person

(

a) holds a subsisting examiner's licence that authorizes the

person to conduct that driver examination,

(

b) is exempted under subsection (2) from the requirement to

hold an examiner's licence, or

(

c) is designated by the Registrar under

section 15(2.1) of the

Operator Licensing and Vehicle Control Regulation

(AR 320/2002).

(2) The Registrar may, in writing, exempt a person specified in the

exemption from the requirement to hold an examiner's licence.

Application - examiner's licence

27 An individual may apply for an examiner's licence by providing

the Registrar with

(

a) a completed application form,

(

b) a criminal record check acceptable to the Registrar, and

(

c) the application fee set under

section 54.

Training requirements

28 An applicant for an examiner's licence must

(

a) complete the licensed driver examiner training program

established by the Registrar for the type of examiner's

licence applied for,

(

b) pass the licensed driver examiner test established by the

Registrar with a grade satisfactory to the Registrar, and

(

c) pay the training or testing fees set under

section 54.

Qualifications

29 An applicant for an examiner's licence must

(

a) hold a subsisting operator's licence for the class of operator's

licence for which the person will be conducting driver

examinations,

(

b) have not less than 5 years' driving experience as the holder

of a Class 1, 2, 3, 4 or 5 operator's licence, or a driver's

licence issued by another jurisdiction that, in the Registrar's

opinion, is the equivalent of a Class 1, 2, 3, 4 or 5 operator's

licence,

(

c) have accumulated fewer than 7 demerit points under the Act

and regulations,

(

d) hold an operator's licence that was not cancelled or

suspended under the Act during the 2 years immediately

preceding the application date, and

(

e) hold an operator's licence that was not cancelled or

suspended under the Criminal Code (Canada) during the

5 years immediately preceding the application date.

Licence not issued

30(1) The Registrar must refuse to issue an examiner's licence to a

person if during the 5 years immediately preceding the application date

(

a) the person was convicted of an offence under the

Criminal Code (Canada) that is related to the functions,

duties or business of a licensed driver examiner, including,

without limitation, the offences of forgery, the use of false

pretences, bribery, extortion, conspiracy to defraud or theft or

an offence involving moral turpitude or the unlawful

operation of a vehicle, and

(

b) the conviction is final by reason of the final disposition of the

appeal by the courts or the expiry of the time for appeal

without an appeal having been made.

(2) The Registrar may refuse to issue an examiner's licence to a

person if

(

a) the person makes a false statement in the application for the

licence,

(

b) the person provides false information to the Registrar,

(

c) the person fails to provide the Registrar with information and

licence fees as required under this Regulation,

(

d) the person has previously held a licence issued under this

Regulation that has been suspended or cancelled,

(

e) the person has contravened any provision of the Act or the

regulations and, in the Registrar's opinion, that contravention

affects the person's fitness to hold an examiner's licence, or

(

f) in the opinion of the Registrar, it is not in the public interest

to issue a licence to the person.

Exemption

31 The Registrar may, in writing, exempt an applicant for an

examiner's licence from the requirements of

section 27, 28 or 29.

Adoption of manual

32(1) The licensed driver examiner procedures manual established

and amended from time to time by the Registrar is adopted and applies

to licensed driver examiners under this Regulation.

(2) For greater certainty, the licensed driver examiner procedures

manual referred to in subsection (1) may relate to any matters

concerning the functions, duties or business of a licensed driver

examiner, including, but not limited to, the following:

(

a) the use of information technology devices, systems and

programs to schedule, conduct and process payment for road

tests;

(

b) hours of service;

(

c) hours of work;

(

d) the volume of road tests that a licensed driver examiner may

or must conduct on a daily, weekly, monthly or annual basis;

(

e) standards of conduct.

Examiner's licence

33(1) The Registrar may issue an examiner's licence to an applicant

who complies with this Part and pays the licence fee as required under

section 54.

(2) The examiner's licence must indicate

(

a) the class of driver examination for which the licensee is

authorized to conduct examinations, and

(

b) the geographic region, as determined by the Registrar, in

which the licensee is authorized to conduct examinations.

(3) An examiner's licence authorizes the person who holds it to

conduct the class of driver examination specified in the licence in

(4) The holder of an examiner's licence must act in accordance with

the licensed driver examiner procedures manual.

(5) Notwithstanding subsections (2) and (3), the Registrar may, in

writing, authorize a licensed driver examiner to operate in a geographic

region other than the geographic region indicated on the examiner's

licence.

(6) Notwithstanding sections 29 and 30, on being satisfied that it is in

the public interest to issue a licence to a person and on payment of the

licence fee as required under

section 54, the Registrar may issue an

examiner's licence to a person

(

a) who is licensed or registered in good standing in another

jurisdiction that is recognized by the Registrar as having

substantively equivalent standards, and

(

b) who is of good character and reputation.

Prohibition

34 A licensed driver examiner shall not collect fees, compensation,

commissions or any other consideration from a tested person, a driver

training school or an instructor.

Conflicts of interest

35(1) An examiner's licence is suspended during a period in which

the holder is a driving instructor or an owner, part owner, shareholder,

director, partner or employee of a driving school.

(2) An examiner's licence is suspended during a period in which the

holder is an owner, part owner, shareholder, director, partner or

employee of a registry.

(3) An examiner's licence is cancelled from the time

(

a) the operator's licence required under

section 29 held by the

licensed driver examiner is suspended, cancelled or expires,

(

b) the Registrar determines that the licensed driver examiner has

collected a fee, compensation, commission or other

consideration, contrary to

section 34, or

(

c) the licensed driver examiner accumulates 7 or more demerit

points under the Act and regulations.

Application for renewal of an examiner's licence

36(1) The Registrar may require a licensed driver examiner who

applies to renew an examiner's licence to provide the Registrar with a

criminal record check acceptable to the Registrar.

(2) The Registrar may require a licensed driver examiner who applies

to renew an examiner's licence to do one or more of the following:

(

a) complete a licensed driver examiner training program

established by the Registrar for the type of examiner's

licence to be renewed;

(

b) complete professional development courses related to the

functions, duties or business of a licensed driver examiner

established or required by the Registrar;

(

c) pass a licensed driver examiner test established by the

Registrar with a grade satisfactory to the Registrar;

(

d) pay an application, training, testing or licence fee set under

section 54.

(3) A person whose examiner's licence is suspended, cancelled or

expires must comply with this

section before the Registrar may

reinstate or reissue the licence.

Standards of examination

37 A person who conducts a licensed driver examination must

conduct it in accordance with the standards established by the

Registrar.

Invalid examination

37.1(1) The Registrar may decide that a driver examination

conducted by a licensed driver examiner is invalid and require that

another driver examination be conducted by the same licensed driver

examiner or by another driver examiner.

(2) The Registrar may require a licensed driver examiner to reimburse

the fees paid by the Registrar to the licensed driver examiner in respect

of an invalid examination.

Monitoring examinations

37.2 The Registrar, or a person authorized in writing by the

Registrar, may accompany a licensed driver examiner on a driver

examination for the purpose of monitoring the performance of the

driver examiner.

Records and practice monitoring

37.3(1) A licensed driver examiner shall use the information

technology devices, systems and programs authorized or required by

the Registrar.

(2) A licensed driver examiner shall retain, store and protect the

records required in accordance with the licensed driver examiner

procedures manual for a period of 2 years after they are created.

(3) The Registrar, or a person authorized in writing by the Registrar,

may

(

a) access, inspect and copy information from an information

technology device, system or program referred to in

subsection (1), and

(

b) make copies of the records referred to in subsection

(2) during regular business hours.

(4) The Registrar, or a person authorized in writing by the Registrar,

may, for the purpose of ensuring compliance with the Act and

regulations,

(

a) inspect or audit the devices, records, including electronic

records, reports, documents, books of account and receipts

related to the functions, duties or business of a licensed

driver examiner,

(

b) interview the licensed driver examiner with regard to the

devices, records, documents, books of account and receipts

and any other matter related to the functions, duties or

business of a licensed driver examiner, and

(

c) interview persons who have been examined by the licensed

driver examiner.

(5) A licensed driver examiner shall, on the request of the Registrar, or

a person authorized in writing by the Registrar,

(

a) facilitate access to a device, system or program referred to in

subsections (1) and (3), and

(

b) produce the records referred to in subsections (2), (3) and

(4) for examination and provide copies of them.

(6) A person acting under the authority of this

section must carry

identification in the form established by the Registrar and present it on

request to the licensed driver examiner being monitored.

Licensed driver examiner records

37.4 A person who stops conducting driver examinations under this

Part shall immediately send to the Registrar

(

a) all devices and records referred to in

section 37.3(1) and (2),

and

(

b) all unused forms and materials respecting driver

examinations that were supplied to the person by the

Government.

(5) Section 38(1) is amended by adding the following after

clause (c):

(

d) the performance of a licensed driver examiner.

(6) Section 39(1) is repealed and the following is

substituted:

Direction to report

39(1) The Registrar may, by written notice, direct a driving

instructor, a licensed driver examiner, the holder of a driver training

school licence or a representative of the holder of a driver training

school licence to report to a place designated by the Registrar and to

discuss with a person designated by the Registrar a practice that, in

the Registrar's opinion, is not consistent with good driver training or

examining principles or is not in accordance with the licensed driver

training school procedures manual or licensed driver examiner

procedures manual.

(7) Section 40 is amended

(

a) by repealing subsections (1) to (3) and substituting

the following:

Direction on practice

40(1) The Registrar may, by written notice, direct a holder of a

driver training school licence, a licensed driver examiner or a

driving instructor to use a practice that, in the opinion of the

Registrar, is consistent with good driver training principles or is

not in accordance with the licensed driver training school

procedures manual.

(2) The Registrar may, by written notice, direct a holder of a

driver training school licence, a licensed driver examiner or a

driving instructor to stop a practice that, in the opinion of the

Registrar, is not consistent with good driver training principles or

is not in accordance with the licensed driver training school

procedures manual.

(3) The Registrar may, by written notice, direct a driving

instructor or a licensed driver examiner to complete a training

program specified by the Registrar to a standard required by the

Registrar.

(

b) in subsection (5) by adding ", an examiner's licence"

after "a driver training school licence".

(8) Section 43 is amended by adding the following after

subsection (2):

(3) An examiner's licence is effective on the commencement date

stated on the licence and expires 2 years later unless it is suspended

or cancelled before that time.

(9) Section 49 is amended

(

a) by repealing subsection (1) and substituting the

following:

Cancellation, etc. - licensed driver examiner or instructor

49(1) The Registrar may cancel or suspend a licensed driver

examiner's licence or an instructor's licence if

(

a) the holder of the licence makes a false statement in the

application for the licence,

(

b) the holder of the licence provides false information to

the Registrar,

(

c) the holder of the licence refuses to produce information

as required under this Regulation,

(

d) the holder of the licence contravenes this Regulation,

(

e) the holder of the licence contravenes a direction by the

Registrar under this Regulation,

(

f) the holder of the licence contravenes a term or condition

of the licence,

(

g) the holder of the licence contravenes a provision of the

licensed driver examiner procedures manual or the

licensed driver training school procedures manual,

(

h) in the opinion of the Registrar, it is not in the public

interest for the person to continue to hold a licence,

(

i) in the opinion of the Registrar, the licence should be

cancelled or suspended for administrative reasons

including but not limited to the demand or need for

services generally, or in a particular geographic region

as determined by the Registrar, or

(

j) the holder of the licence or the holder's agent or

employee fails to pay an administrative penalty in

accordance with

section 143 of the Act.

(

b) by repealing subsection (2) and substituting the

following:

(2) The Registrar may suspend an examiner's licence or an

instructor's licence for one or more specified periods or pending

the final disposition of an appeal by the court if

(

a) the holder of the licence is charged with an offence

under the Criminal Code (Canada) that is related to the

functions, duties or business of a licensed driver

examiner or an instructor, including, without limitation,

the offences of forgery, the use of false pretences,

bribery, extortion, conspiracy to defraud or theft or an

offence involving moral turpitude or the unlawful

operation of a vehicle, and

(

b) the Registrar is of the opinion that the licence should be

suspended.

(10) Section 51(4) is repealed and the following is

substituted:

(4) The Registrar may require the holder of an examiner's licence or

an instructor's licence to successfully complete a training program

specified by the Registrar.

(11) Section 54(2) is amended by striking out "training or

testing fees" and substituting "training, testing or examiner's

licence fees".

(12) Section 55 is amended by adding the following after

subsection (6):

(7) In subsections (5) and (6), "student" includes a person who is

examined by a licensed driver examiner.

(13) Section 59 is amended by adding the following after

clause (b):

(

c) section 26;

(

d) section 34.

2(1) The Operator Licensing and Vehicle Control

Regulation (AR 320/2002) is amended by this section.

(2) Section 1 is amended

(

a) in clause (

e) by striking out "a person designated by the

Registrar as an examiner under

section 15(2.1)" and

substituting "a designated examiner or a licensed driver

examiner";

(

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

(h.1) "designated examiner" means a person designated by

the Registrar as an examiner under

section 15(2.1);

(

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

(n.1) "licensed driver examiner" means a licensed driver

examiner as defined in the Driver Training and Driver

Examination Regulation (AR 316/2002);

(3) Section 15(2.1) is repealed and the following is

substituted:

(2.1) The Registrar may designate a person, including a person

under contract with the Government of Alberta, as an examiner for

the purposes of subsection (2)(c).

(2.2) A person designated under subsection (2.1) must conduct the

examinations established by the Registrar in accordance with the

standards established by the Registrar.

(4) Section 15.2(1) is amended by striking out "A person" and

substituting "Except as provided in

section 15.3, a person".

(5) The following is added after

section 15.2:

Exemption

15.3 Notwithstanding

section 15.2, if an operator has maintained

good standing from the date on which the operator first obtained a

Class 1 or a Class 2 operator's licence in Alberta, the Registrar may,

in writing, exempt an operator from the requirements set out in

section 15.2.

(6) Section 119(1) is repealed and the following is

substituted:

Registry service charge

119(1) A person other than a licensed driver examiner who gives a

road test or knowledge test in conjunction with an application by a

tested person for an operator's licence, for an operator's licence of a

different class or for the reinstatement of an operator's licence may

require the tested person to pay a service charge.

(7) Section 119.1 is repealed and the following is

substituted:

Fees for road tests

119.1 The Registrar may set the fees for road tests required under

this Regulation.

(8) The following is added after

section 119.1:

Reimbursement of road test fees to

authorized driver examiner

119.2 The Registrar may reimburse the fees paid by a tested

person in accordance with

section 119.1 to the authorized driver

examiner who administered the road test.