Apprenticeship and I ndustry Training ActTHE ALBERTA GAZETTE, PART II, FEBRUARY 29, 1996 - 26 -...

THE ALBERTA GAZETTE, PART II, FEBRUARY 29, 1996

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Alberta Regulation 15/96

Apprenticeship and Industry Training Act

AUTO BODY TECHNICIAN TRADE AMENDMENT REGULATION

Filed: February 1, 1996

Made by the Alberta Apprenticeship and Industry Training Board pursuant to section33(2) of the Apprenticeship and Industry Training Act.

1 The Auto Body Technician Trade Regulation (Alta. Reg. 120/94) isamended by this Regulation.

2 Section 2(g) of the Schedule is amended by striking out “welding”and substituting “repair”.

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CARPENTER TRADE REGULATION


Made by the Alberta Apprenticeship and Industry Training Board pursuant to section33(2) of the Apprenticeship and Industry Training Act.

Definitions 1Constitution of the trade 2Tasks, activities and functions 3Educational requirements of an apprentice 4Term of the apprenticeship program 5Employment of apprentices 6Wages 7Repeal 8

Schedule

Definitions 1 In this Regulation,

(a) “apprentice” means a person who is an apprentice in the trade;

(b) “certified journeyman” means a certified journeyman as definedin the Apprenticeship Program and Certificate RecognitionRegulation (Alta. Reg. 1/92);


ALTA. REG. 16/96 APPRENTICESHIP AND INDUSTRY TRAINING

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(c) “trade” means the occupation of Carpenter that is designated asan optional certification trade pursuant to section 57 of theApprenticeship and Industry Training Act;

(d) “uncertified journeyman” means an uncertified journeyman asdefined in the Apprenticeship Program and CertificateRecognition Regulation (Alta. Reg. 1/92).

Constitution ofthe trade

2 The undertakings set out in section 2 of the Schedule constitute thetrade.

Tasks,activities andfunctions

3 When practising or otherwise carrying out work in the trade, thetasks, activities and functions set out in section 3 of the Schedule comewithin the trade.

Educationalrequirementsof anapprentice

4 The educational requirement for an apprentice is

(a) the completion of an Alberta grade 9 education or equivalent, or

(b) the successful completion of one or more examinations that areset or recognized by the Board.

Term of theapprenticeshipprogram

5(1) Subject to section 11 of the Apprenticeship Program andCertificate Recognition Regulation (Alta. Reg. 1/92), the term of anapprenticeship program for the trade shall consist of 4 periods of not lessthan 12 months each.

(2) In the first period of the apprenticeship program an apprentice mustacquire not less than 1360 hours of on-the-job training and successfullycomplete the formal instruction that is required or approved by theBoard.

(3) In the 2nd period of the apprenticeship program an apprentice mustacquire not less than 1360 hours of on-the-job training and successfullycomplete the formal instruction that is required or approved by theBoard.

(4) In the 3rd period of the apprenticeship program an apprentice mustacquire not less than 1360 hours of on-the-job training and successfullycomplete the formal instruction that is required or approved by theBoard.

(5) In the 4th period of the apprenticeship program an apprentice mustacquire not less than 1360 hours of on-the-job training and successfullycomplete the formal instruction that is required or approved by theBoard.



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Employment ofapprentices

6(1) A person shall not employ an apprentice except in accordance withthis section.

(2) A person who is a certified journeyman or an uncertified journeymanor employs a certified journeyman or an uncertified journeyman mayemploy one apprentice and one additional apprentice for each additionalcertified journeyman or uncertified journeyman that is employed by thatperson.

(3) Notwithstanding subsection (2), in the case of an industrial site, aperson who is a certified journeyman or an uncertified journeyman mayemploy one apprentice and one additional apprentice for each additional2 certified journeymen or uncertified journeymen that are employed bythat person.

Wages 7(1) A person shall not pay wages to an apprentice that are less thanthose provided for under subsection (2).

(2) Subject to the Employment Standards Code, a person employing anapprentice shall pay wages to an apprentice that are at least equal to thefollowing percentages of the wages paid to employees who are certifiedjourneymen or uncertified journeymen in the trade:

(a) 60% in the first period of the apprenticeship program;

(b) 70% in the 2nd period of the apprenticeship program;

(c) 80% in the 3rd period of the apprenticeship program;

(d) 90% in the 4th period of the apprenticeship program.

Repeal 8 The Carpenter Trade Regulation (Alta. Reg. 304/84) is repealed.

SCHEDULE

1 In this Schedule,

(a) “structure” includes any type of residential, commercial,industrial or agricultural structure;

(b) “wood” includes any by-product of wood, wood substitutes andsimilar materials.

2 The undertakings that constitute the trade are the construction,installation and repair of structures or components of structures andwithout limiting the generality of the foregoing, include the following:

(a) working with or making things with wood in respect of theconstruction, installation or repair of structures or componentsof structures;



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(b) preparing site and building layouts;

(c) constructing foundations and concrete structures;

(d) framing structures;

(e) applying interior and exterior finishes.

3 When practising or otherwise carrying out work in the trade, thefollowing tasks, activities and functions come within the trade:

(a) assembling, erecting, installing and dismantling material andpersonnel handling devices, scaffolds, ropes, slings and hoistson rigging installations, ladders and shoring;

(b) inspecting sub-soil excavations of residential or wood framebuildings;

(c) laying out and erecting batter boards, building lines and settingelevations;

(d) building, installing and stripping forms for

(i) footings;

(ii) foundation walls;

(iii) wall forms for industrial and commercial buildings forthe purposes of normal and architectural concrete;

(iv) reinforced concrete floors;

(v) concrete stairs;

(vi) built-in-place concrete manholes, catch basins, utilityvaults and other underground service boxes;

(e) building

(i) preserved wood foundations;

(ii) built-in-place pitched roof systems using rafters;

(iii) built-in-place roof systems using ceiling joists;

(iv) built-in-place flat roofs;

(v) exterior attachments for houses, porches, stoops andverandas;

(vi) timber culverts;



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(f) building and installing

(i) floor beams and columns to support beams;

(ii) floor frames;

(iii) cornices;

(iv) column footing forms for industrial and commercialbuildings;

(v) footing forms for walls of commercial and industrialbuildings;

(vi) beam and girder forms;

(vii) platforms, scaffolding, ramps and ladders required tobuild forms and to place concrete;

(viii) framing for dropped ceilings, counters, display cases,indirect lighting and similar installations;

(ix) timber bents to support ramps, platforms and heavypiping;

(g) building and installing

(i) kitchen and bathroom cabinets, mirrors, counters,laminates and similar installations;

(ii) wood stairways and railings;

(iii) pier and column forms;

(h) framing

(i) exterior walls and interior partitions;

(ii) roofs for buildings using post and beam construction;

(iii) using plank wall construction or design;

(iv) using post and beam construction and timber framing;

(i) cutting and installing

(i) blocking, nailers and firestops;

(ii) ceiling and floor systems for multiple storey buildings;

(j) installing

(i) drainage tile and pipe;



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(ii) sill plates on house foundation walls;

(iii) metal stud walls for interior non-loadbearing walls;

(iv) roof coverings on sloped roofs;

(v) exterior windows, door frames and hardware;

(vi) air and vapour barrier and finishes to exterior walls;

(vii) gypsum board on walls and ceilings;

(viii) non-gypsum products on walls and ceilings;

(ix) interior slab type doors;

(x) trim and finish carpentry;

(xi) exterior and interior slab type and overhead doors;

(xii) interior non-slab type doors including bi-fold, slidingand accordian doors;

(xiii) hardwood strip and parquet flooring;

(xiv) insulation in ceilings, walls and floors;

(xv) prefabricated fireplaces;

(xvi) wood substitutes or other similar finish materials;

(xvii) shoring and underpinning to prevent collapse of existingbuildings, parts of buildings or excavations;

(xviii) void forms for grade or subterranean concrete;

(xix) reinforcement to concrete structures;

(xx) hangers and horizontal members for suspended ceilingsystems;

(xxi) suspended ceiling systems;

(xxii) decorative and architectural finish material andpanelling;

(xxiii) factory assembled doors, windows and store fronts;

(xxiv) hollow metal and fire doors with automatic door closersand special fuse links closers and magnetic releaseclosers;

(xxv) structural steel partitions;



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(k) constructing forms for sidewalks, driveways and curbs;

(l) erecting engineered prefabricated roof trusses, bracing andsheathing;

(m) applying caulking and mastic materials;

(n) setting up temporary structures for building sites;

(o) erecting structural timber frame (post and beam) for industrialand commercial buildings;

(p) assembling and installing prefabricated timber trusses and othertrusses using wood substitutes;

(q) building and erecting scaffolding, ladders, hoarding, coveredwalkways, barricades and other safety and construction devices;

(r) building, assembling and stripping forms or molds in precastconcrete plants;

(s) building, erecting or installing timber frames;

(t) placing and consolidating concrete;

(u) reviewing and reading construction drawings, plans,specifications and related contract documents to determine

(i) job co-ordination required;

(ii) location, size and extent of project;

(iii) general and specific requirements;

(iv) compliance with building codes and safety regulations;

(v) total extent or amount of work involved;

(vi) various types of work required;

(vii) job conditions;

(viii) work conditions;

(ix) interferences, mistakes, omissions or errors;

(x) exact type of material required;

(xi) total amount of material required;

(xii) special equipment or tools required;

(xiii) material breakdown and takeoff;



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(xiv) total costs of material;

(xv) material scheduling;

(xvi) ordering of material;

(xvii) labour required for each specific operation of a project;

(xviii) total labour required to complete project;

(xix) scheduling of labour;

(v) identifying, selecting and operating hand and power toolsrelated to the trade.

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HAIRSTYLIST TRADE AMENDMENT REGULATION


Made by the Alberta Apprenticeship and Industry Training Board pursuant to section 33(2)of the Apprenticeship and Industry Training Act.

1 The Hairstylist Trade Regulation (Alta. Reg. 286/93) is amended bythis Regulation.

2 The following is added after section 7:

Transitional rebarbers andbeauticians

7.1 Where a person by virtue of section 56(5) of the Act holdsa trade certificate as a Barber, Beautician, Hairstylist-Barber orHairstylist-Beautician, that person is deemed to be a certifiedjourneyman in the trade under this Regulation.


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HEAVY EQUIPMENT TECHNICIAN TRADE AMDNDMENT REGULATION



1 The Heavy Equipment Technician Trade Regulation (Alta. Reg.130/94) is amended by this Regulation.

2 Section 4(a) is amended by striking out “grade 10” and substituting“grade 11”.

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INSULATOR TRADE REGULATION



Table of Contents

Definitions 1Constitution of the trade 2Tasks, activities and functions 3Educational requirements of an apprentice 4Term of the apprenticeship program 5Employment of apprentices 6Wages 7Repeal 8

Schedule

Definitions 1 In this Regulation,

(a) “apprentice” means a person who is an apprentice in the trade;

(b) “certified journeyman” means a certified journeyman as definedin the Apprenticeship Program and Certificate RecognitionRegulation (Alta. Reg. 1/92);



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(c) “trade” means the occupation of Insulator that is designated asa optional certification trade pursuant to section 57 of theApprenticeship and Industry Training Act;

(d) “uncertified journeyman” means an uncertified journeyman asdefined in the Apprenticeship Program and CertificateRecognition Regulation (Alta. Reg. 1/92).

Constitution ofthe trade

2 The undertakings set out in section 2 of the Schedule constitute thetrade.

Tasks,activities andfunctions

3 When practising or otherwise carrying out work in the trade, thetasks, activities and functions set out in section 3 of the Schedule comewithin the trade.



(a) the completion of an Alberta grade 9 education or equivalent, or

(b) the successful completion of one or more examinations that areset or recognized by the Board.

Term of theapprenticeshipprogram

5(1) Subject to section 11 of the Apprenticeship Program andCertificate Recognition Regulation (Alta. Reg. 1/92), the term of anapprenticeship program for the trade shall consist of 4 periods of not lessthan 12 months each.

(2) In the first period of the apprenticeship program an apprentice mustacquire not less than 1375 hours of on the job training and successfullycomplete the formal instruction that is required or approved by theBoard.

(3) In the 2nd period of the apprenticeship program an apprentice mustacquire not less than 1375 hours of on the job training and successfullycomplete the formal instruction that is required or approved by theBoard.

(4) In the 3rd period of the apprenticeship program an apprentice mustacquire not less than 1300 hours of on the job training and successfullycomplete the formal instruction that is required or approved by theBoard.

(5) In the 4th period of the apprenticeship program an apprentice mustacquire not less than 1600 hours of on the job training.

Employment ofapprentices

6(1) A person shall not employ an apprentice except in accordance withthis section.



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(2) A person who is a certified journeyman or an uncertified journeymanor employs a certified journeyman or an uncertified journeyman mayemploy one apprentice and one additional apprentice for each additionalcertified journeyman or uncertified journeyman that is employed by thatperson.

Wages 7(1) A person shall not pay wages to an apprentice that are less thanthose provided for under subsection (2).

(2) Subject to the Employment Standards Code, a person employing anapprentice shall pay wages to an apprentice that are at least equal to thefollowing percentages of the wages paid to employees who are certifiedjourneymen or uncertified journeymen in the trade:

(a) 50% in the first period of the apprenticeship program;

(b) 60% in the 2nd period of the apprenticeship program;

(c) 70% in the 3rd period of the apprenticeship program;

(d) 80% in the 4th period of the apprenticeship program.

Repeal 8 The Insulator Trade Regulation (Alta. Reg. 114/82) is repealed.

SCHEDULE

1 In this Schedule, “insulation items” means

(a) insulation materials, reinforcing fabrics, metal lath andhexagonal wire;

(b) adhesives and fasteners;

(c) finishing materials;

(d) metal claddings, canvas, p.v.c., pit wrap, paint, finishing cementand other similar over insulation applications not referred to inclauses (a) to (c);

(e) noise control materials;

(f) firestopping and fireproofing materials.

2 The undertakings that constitute the trade are the following:

(a) the installation, service, maintenance, repair and removal ofinsulation items;

(b) asbestos abatement and removal.



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3 When practising or otherwise carrying out work in the trade, thefollowing tasks, activities and functions come within the trade:

(a) the use of detailed drawings and blueprints and otherspecifications;

(b) the use of all related standards, codes and regulations;

(c) working with insulation items and related equipment;

(d) the use of hand tools, power tools, shop equipment, explosiveactuated tools and stud welding equipment;

(e) the clean up and removal of insulation items;

(f) assembling, erecting, installing and removing material andpersonnel handling devices, scaffolds, ropes and slings;

(g) estimating, worksite planning, preparation and scheduling;

(h) the handling, layout, preparation, fabrication and assembly ofinsulation items;

(i) the use of new technology relating to the undertakings thatconstitute the trade.

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PLUMBER TRADE AMENDMENT REGULATION



1 The Plumber Trade Regulation (Alta. Reg. 337/94) is amended by thisRegulation.

2 Section 4 is repealed and the following is substituted:



(a) the completion of an Alberta grade 10 education thatincludes Mathematics 13 or equivalent, or

(b) the successful completion of one or more examinationsthat are set or recognized by the Board.



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Government Organization Act

AUTHORIZED ACCREDITED AGENCIES AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 58/96) pursuant to Schedule 10, section2 of the Government Organization Act.

1 The Authorized Accredited Agencies Regulation (Alta. Reg. 184/95)is amended by this Regulation.

2 The Schedule is amended

(a) by repealing the third column of the Schedule;

(b) in item 20 by striking out “Johnson & Johnson” and substituting“Johnston & Johnston”;

(c) by repealing item 53;

(d) in item 63 by striking out “Holdings Ltd.” and substituting“Electrical Inspection”;

(e) by adding the following after item 68:

69 A-1 Inspection Service 2634 - 15 Avenue S.E.540555 Alberta Limited Medicine Hat, Alberta

T1A 3S5

70 A.W.B. Building 51 Upland Drive, Brooks,Inspection Service Alberta T1R 0P8Agency

71 Agra Earth and Bay 4, 5551 - 45 StreetEnvironmental Limited Red Deer, Alberta T4N 1L2

72 Albert S. Roach Fire 4425 - 52 Street, Vegreville,Training & Consulting Alberta T9C 1A3Services

73 Alberta Inspection Box 1667, Coaldale, AlbertaCompany T1M 1N3


ALTA. REG. 21/96 GOVERNMENT ORGANIZATION

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74 All Trades Inspection 52258 Rng. Rd. 232Services Ltd. Sherwood Park, Alberta

T8B 1B8

75 Artisan Electric Box 1891, Fort Macleod,Alberta T0L 0Z0

76 Badger Electrical 4824 - 48 Street, Innisfail,Inspection Services Alberta T4G 1N6

77 Bond Electrical Box 1068, Devon, AlbertaConsulting Ltd. T0C 1E0

78 Bow Valley Safety Box 30, Site 3, R.R. 1Inspections Strathmore, Alberta T1P 1J6

79 Centra Gas Alberta Inc. 5509 - 45 Street, Leduc,Alberta T9E 6T6

80 Certified Building 41-54023 SH, 779Inspections Spruce Grove, Alberta

T7X 2T4

81 Chuck’s Electrical Box 535, Alix, AlbertaInspection Services Ltd. T0C 0B0

82 City & Country Box 1228, Cochrane, AlbertaInspection Services Ltd. T0L 0W0

83 City of Calgary Electrical Box 2100, Station M Calgary,Inspection Services Alberta T2P 2M5

84 Code Electrical Site 1, Box 8, R.R. 1 Calgary,Inspections Alberta T2P 2G4

85 County of Leduc 101 - 1101 - 5 Street, Nisku,No. 25 Alberta T9E 2X3

86 Dana Lewis 19, 116 Silvercrest Drive N.W.,Calgary, AlbertaT3B 4N9

87 Demco Enterprises Ltd. 11914 - 94A StreetGrande Prairie, AlbertaT8V 4R9

88 Edmonton Power 10065 Jasper AvenueEdmonton, Alberta T5J 3B1

89 Extreme Permit and 11 Whitby PlaceInspection Services St. Albert, Alberta T8N 3N6



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90 G.W. Inspection Services Box 418, Gibbons, AlbertaT0A 1N0

91 Grande Prairie Fire Bag 4000, 9905 - 100 StreetDepartment Grande Prairie, Alberta

T8V 6V3

92 Grissol, Griselda & Co. Box 1424, Whitecourt, Alberta Ltd. O/A G G Services T7S 1P3

93 L.B. Electrical Inspection 6311 - 50A Street CL Ponoka,Services Alberta T4J 1E5

94 LMC Dynamics Ltd. 10628 - 148 Street Edmonton,AlbertaT5N 3H1

95 Local Inspection Services Box 599, Caroline, AlbertaLtd. T0M 0M0

96 Moffat Building 518, 304 - 8 Avenue S.W.Consultants Calgary, Alberta T2P 1C2

97 Municipality of Box 600, Blairmore, AlbertaCrowsnest Pass T0K 0E0

98 Nett’s Inspection Agency Box 150, Provost, AlbertaT0B 3S0

99 Nu-Options Electrical 18 Anita Crescent, St. Albert,Inspections Alberta T8N 2W4

100 O.J. Inspection Services, 8206 - 102 AvenueD/O Peace Country Peace River, AlbertaConsulting Inc. T8S 1N2

101 Paragon Inspection 4811 Claret Street N.W.Services Calgary, Alberta T2L 1B9

102 Park Enterprises 1255 - 4 Avenue S. Lethbridge,Alberta T1J 0P9

103 Parkland Building 4016 - 42 StreetInspection Services Stony Plain, Alberta

T7Z 1J8

104 Poletop High Voltage Box 2277, Pincher Creek,Inspection Alberta T0K 1W0

105 Pro-Acta Inspection 918 - 16 Avenue N.W.Services (Div of 628832 Calgary, Alberta T2M 0K3AB Ltd.)



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106 Pro-Train Fire and Safety Box 62, Irricana, AlbertaTraining Consultants T0M 1B0

107 Res-Com Inspections & Box 663, Pincher Creek,Consulting Alberta T0K 1W0

108 River View Inspection 10828 - 30 Street, Edmonton,Services Ltd. Alberta T5W 1V8

109 Ron’s (RJ) Electrical 5826 - 55 Street, Barrhead,Inspection & Consulting Alberta T7N 1E2

110 Southeastern Inspection Box 131, Burdett, AlbertaServices T0K 0J0

111 Sutton, Thomas 200, 6131 - 6 Street S.E.Engineering Ltd. Calgary, Alberta T2H 1L9

112 Technique Inspection 4505 - 60 Avenue, Innisfail,Agency Alberta T4G 1L1

113 The City of Camrose 5204 - 50 Avenue, Camrose,Alberta T4V 0S8

114 Town & Country 5225 - 51 Street, Olds, Alberta Inspection Services T4H 1H6

115 Town of Lacombe 5034 - 52 Street, Lacombe,Alberta T4L 1A1

116 Tristar Electrical 18031 - 99A AvenueInspection & Services Edmonton, Alberta T5T 4B9Ltd.

117 Val-Zehan Inspection Box 757, Fort Macleod,Services Alberta T0L 0Z0

118 Virtue Project Inspection 10708 - 176 Street& Management Services Edmonton, Alberta T5S 1G7Inc.

119 Westcan Fire Safety 1111, 4944 Dalton Drive N.W.,Services Calgary, Alberta

T3A 2E6


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Regulations Act

MISCELLANEOUS REPEAL REGULATION


Made by the Lieutenant Governor in Council (O.C. 60/96) pursuant to section 10 of theRegulations Act.

1 The following regulations are repealed:

(a) Alberta School For the Deaf Grants Regulation (Alta. Reg.194/91);

(b) Alberta School For the Deaf Regulation (Alta. Reg. 203/91);

(c) Collection of School Taxes in National Parks Regulation (Alta.Reg. 179/75);

(d) Ward System Regulation (Alta. Reg. 67/89);

(e) Edmonton School District No. 7 Ward System Election Order(Alta. Reg. 68/89);

(f) 1994 Requisition Limitation Regulation (Alta. Reg. 198/94);

(g) School Foundation Program Fund Grants Regulation (Alta.Reg. 382/88);

(h) School Support Declaration Regulation (Alta. Reg. 374/88);

(i) School Support Declaration Regulation (No. 2) (Alta. Reg.81/91).

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Marketing of Agricultural Products Act

TURKEY GROWERS MARKETING PLAN AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 65/96) pursuant to section 23 of theMarketing of Agricultural Products Act.

1 The Turkey Growers Marketing Plan Regulation (Alta. Reg. 375/88)is amended by this Regulation.


ALTA. REG. 23/96 MARKETING OF AGRICULTURAL PRODUCTS

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2 Section 1(1)(t) is repealed and the following is substituted:(t) “production facility” means the buildings and improvements in

which turkeys are produced and the land on which thosebuildings and improvements are located;

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Child Welfare Act

ADOPTION AMENDMENT REGULATION


Made by the Minister of Family and Social Services pursuant to section 96(2) of the ChildWelfare Act.

1 The Adoption Regulation (Alta. Reg. 3/89) is amended by thisRegulation.

2 Section 45(b) is repealed.

3 Section 46 is amended

(a) by repealing subsection (2) and substituting the following:

(2) An agreement may be entered into under subsection (1) only

(a) if, before the adoption order relating to the child wasmade, the Minister acknowledged in writing that thechild has a special need,

(b) if the child has a special need as a result of

(i) a medical, physical, mental or emotional conditionor history that could significantly impede normaldevelopment,

(ii) not having been adopted due to the child's age,

(iii) being one of 2 or more siblings who have beenplaced with the adopting parent for the purpose ofadoption, or

(iv) the cultural or familial needs of the child,

and

(c) if, in the case of an agreement under subsection (1)(a),


ALTA. REG. 24/96 CHILD WELFARE

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(i) a director has made reasonable efforts to find anadoptive home for the child without the provision offinancial support, or

(ii) the child has developed a significant relationshipwith the adopting parent as a result of the adoptingparent providing care to the child for an extendedperiod of time.

(b) by repealing subsection (3).

4 Form 14 is repealed.

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Natural Gas Marketing Act

NATURAL GAS MARKETING AMENDMENT REGULATION


Made by the Lieutenant Governor in Council (O.C. 71/96) pursuant to section 13 of theNatural Gas Marketing Act.

1 The Natural Gas Marketing Regulation (Alta. Reg. 358/86) isamended by this Regulation.

2 Parts 3 and 4 are repealed and the following is substituted:

PART 3

RECORDS AND INFORMATION

Interpretationand application

18(1) In this Part,

(a) “buy-sell arrangement” means a contract or arrangementunder which a distributor purchases, from an end user orfrom an end user and the end user's agent and during aspecified period, marketable gas in a quantity that isexpected to not exceed the quantity of marketable gasthe distributor is obligated to deliver during the sameperiod to the end user pursuant to that contract orarrangement or by reason of a duty to supply gas to thatend user under the Gas Utilities Act;

(b) “distributor” means a person designated as a distributorfor the purposes of this Regulation pursuant tosubsection (5);


ALTA. REG. 25/96 NATURAL GAS MARKETING

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(c) “end user”, in relation to any marketable gas, means theperson who uses or will use the marketable gas;

(d) “field location” means a receipt meter station of a gastransmission pipeline but does not include a receiptmeter station

(i) at an interconnection within a gas transmissionpipeline or between gas transmission pipelines, or

(ii) at a gas storage facility;

(e) “gas contract” includes any agreement or arrangementunder which the ownership of gas is transferred for noconsideration or a consideration that is wholly or partlysomething other than money, and “buy”, “buyer”,“purchase”, “sale”, “sell” and “seller” havecorresponding meanings in relation to such anagreement or arrangement;

(f) “gas transmission pipeline” means

(i) a pipeline operated by NOVA Gas TransmissionLtd., or

(ii) any other pipeline in Alberta designated by theCommission as a gas transmission pipeline for thepurposes of this Part;

(g) “large-volume end-use facility” means a plant or otherfacility capable of using at least 100 000 gigajoules ofmarketable gas annually;

(h) “mainline straddle plant” means a plant for theextraction of ethane and other hydrocarbons anddesignated by the Commission as a mainline straddleplant for the purposes of this Regulation;

(i) “produce”, in relation to any marketable gas, means

(i) to recover the marketable gas from a well, if the gasis marketable gas at the time it is so recovered, or

(ii) to obtain marketable gas by the processing of gas, inany other case;

(j) “producer” means the person who is the owner ofmarketable gas at the time it is produced.

(2) For the purposes of this Part, marketable gas is “used” if

(a) it is consumed as a fuel otherwise than in the operationof



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(i) a pipeline,

(ii) a gas processing plant as defined in the Natural GasRoyalty Regulation, 1994 (Alta. Reg. 351/93), or

(iii) a plant, other than a mainline straddle plant, thatreprocesses marketable gas for the purpose ofextracting ethane and other hydrocarbons,

(b) it is used as a raw material in any industrial ormanufacturing operation, or

(c) heat content is removed from it as a result of processingit at a mainline straddle plant.

(3) The Commission may

(a) by a general direction determine the circumstances inwhich persons are considered to be associated with eachother for the purposes of this Part, or

(b) by a special direction determine that persons areassociated with each other or not associated with eachother for the purposes of this Part notwithstanding ageneral direction under clause (a).

(4) Persons are associated with each other for the purposes ofthis Part if they are associated with each other by reason of ageneral or special direction under subsection (3).

(5) The Commission

(a) may designate a person who distributes marketable gasin Alberta as a distributor for the purposes of thisRegulation, and

(b) on making a designation under clause (a) shall forthwithgive written notice of the designation to the person sodesignated.

(6) Information contained in a report or statement furnished tothe Commission under this Part by any person shall be consideredinaccurate for the purposes of this Part only if the information isnot in accordance with the records kept by that person pursuantto section 27.

Monthlyreports

19(1) If a buyer purchases marketable gas under a gas contractand takes delivery of the marketable gas in Alberta in January,1994 or any subsequent month at one or more field locations, thebuyer shall, in accordance with this Part, furnish to theCommission a report relating to the marketable gas delivered tothat buyer in that month.



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(2) If in any month a person uses marketable gas at alarge-volume end-use facility and all or any portion of the gas isacquired otherwise than from a distributor, that person shall, inaccordance with this Part, furnish a report to the Commissionrelating to

(a) the marketable gas so used in the month, and

(b) where the marketable gas is used within the meaning ofsection 18(2)(c), the quantity of the heat contentremoved from the marketable gas in the month.

(3) A distributor shall, in accordance with this Part, furnish to theCommission in respect of October, 1993 and each subsequentmonth

(a) a report relating to marketable gas purchased orproduced by the distributor in each month and sold bythat distributor in that month for residential, commercialand industrial consumption respectively;

(b) a report relating to marketable gas sold by the distributorin that month for delivery to large-volume end-usefacilities;

(c) a report relating to purchases of marketable gas by thedistributor in that month from persons not associatedwith the distributor;

(d) a report relating to marketable gas purchased by thedistributor in that month under a buy-sell arrangement towhich the distributor is a party.

(4) Where marketable gas is sold to a distributor in a monthpursuant to a buy-sell arrangement,

(a) the person who is the agent of the end user for purposesrelated to the buy-sell arrangement and who, in thatcapacity,

(i) is a co-seller under the arrangement, or

(ii) arranges for all or part of the gas supply to be soldby the end user to the distributor under thearrangement and receives and handles the saleproceeds of the gas sold under the arrangement,

or

(b) the end user under the arrangement, in any other case,

shall, in accordance with this Part, furnish to the Commission areport relating to



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(c) the quantities of marketable gas sold to the distributor inthat month pursuant to the buy-sell arrangement, and

(d) the quantities of marketable gas purchased by the enduser or the end user's agent, or both, in that month frompersons not associated with the end user and resold tothe distributor pursuant to the buy-sell arrangement.

(5) If marketable gas is removed from Alberta in October, 1993or any subsequent month, the owner of the gas at the point of itsremoval from Alberta shall, in accordance with this Part, furnishto the Commission

(a) a report relating to the quantities of the owner'smarketable gas removed from Alberta in that month fordelivery to purchasers not associated with that owner;

(b) a report relating to the quantities of the owner'smarketable gas removed from Alberta in that monthother than quantities required to be reported underclause (a);

(c) a report relating to the quantities of the owner'smarketable gas removed from Alberta in that month.

(6) If gas is imported into Alberta in November, 1986 or in anysubsequent month, the person who is the owner of that gas at thetime of its importation shall, in accordance with this Part, furnishto the Commission a report relating to the gas imported intoAlberta in that month and the sale, use, storage or otherdisposition of the gas in Alberta.

(7) If a person has furnished a report to the Commission underthis section with respect to a month and that person becomesaware that the information in the report is incorrect, that personshall furnish to the Commission an amended report for thatmonth containing the corrected information forthwith.

(8) A report furnished under this section in respect of a monthshall reflect,

(a) in the case of marketable gas sold under a gas contract,all adjustments made in that month to the quantitiesdelivered under the contract in any previous month ormonths or to the prices payable for quantities deliveredunder the contract in any previous month or months, and

(b) in the case of any other marketable gas, all adjustmentsmade with respect to the quantities delivered in anyprevious month or months.

(9) A report furnished pursuant to this section



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(a) must be in a form prescribed or approved by theCommission,

(b) must be completed in accordance with directions orinstructions referred to in subsection (10), and

(c) must be accompanied by a transmittal document that

(i) is in a form prescribed by the Commission,

(ii) is signed by or on behalf of the person furnishingthe report and is the original of the document, unlessthe Commission has given prior consent to thesubmission of the transmittal document in someother form,

(iii) sufficiently identifies the person furnishing thereport, and

(iv) is completed in accordance with directions orinstructions referred to in subsection (10).

(10) A report required to be furnished under this section and atransmittal document required to accompany the report

(a) must contain all the information required by, and

(b) must be completed in accordance with,

any general directions given by the Commission or anyinstructions shown in the prescribed form of the report ortransmittal document.

(11) A report required to be furnished under this section inrespect of a month shall be furnished to the Commission not laterthan

(a) the last day of the next succeeding month, or

(b) if the time for furnishing the report is extended pursuantto subsection (12)(b), the expiration of the extendedperiod.

(12) The Commission may by a general or special direction

(a) exempt any person or class of persons from anyprovision of this section, or

(b) extend the time limited by subsection (11)(a) for thefurnishing of a report under this section in respect of anymonth.



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Automaticpenaltiesrelated tosection 19reports

20(1) If a person

(a) is required to furnish to the Commission a report undersection 19 relating to February, 1996 or any subsequentmonth, and

(b) fails to furnish the report to the Commission before thedeadline referred to in section 19(11),

that person is liable to pay to the Commission a penalty of $1000and an additional penalty of $1000 for all or part of eachsubsequent month during which the failure continues.

(2) For the purposes of subsection (1), a person has failed tofurnish a report to the Commission, whether before or after thedeadline referred to in section 19(11), if

(a) the report or the transmittal document required toaccompany the report is not received in the offices of theCommission,

(b) the report received by the Commission

(i) is not in a form prescribed by or approved by theCommission, or

(ii) is not accompanied by a transmittal document thatcomplies with section 19(9)(c)(i) to (iv),

or

(c) the report or transmittal document received by theCommission is not completed in accordance withdirections or instructions referred to in section 19(10).

(3) Where the Commission

(a) determines that a person was required to but failed tofurnish a report pursuant to a particular provision ofsection 19 in respect of one or more months in theperiod commencing with February, 1996,

(b) determines that the person had failed to furnish thereport or reports pursuant to that provision of section 19by reason of never having been previously aware of therequirement to furnish reports under that provision, and

(c) determines the month in which that person first becameaware of the requirement to furnish reports under thatprovision (in this subsection called the “first awarenessmonth”),



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the aggregate of the penalties imposed on that person bysubsection (1) for the failure to furnish the report or reports underthat provision in respect of months preceding the first awarenessmonth shall not exceed $10 000.

(4) Subject to subsections (5) and (6), the Commission may, onapplication, waive a penalty imposed by subsection (1) on beingsatisfied

(a) that the person required to furnish the report failed tofurnish it in accordance with subsection (1) by reason of

(i) circumstances beyond that person's control,

(ii) circumstances that the person could not havereasonably foreseen, or

(iii) the person being unaware of the requirement tofurnish the report,

and

(b) that, having regard to all the circumstances of the case,the person furnished the report within a reasonable timeafter the deadline for furnishing it.

(5) An application for a waiver under subsection (4) must befiled with the Commission not later than 30 days after the date ofthe invoice issued by the Commission for the penalty sought tobe waived.

(6) The Commission may not grant a penalty waiver undersubsection (4) if

(a) the month in respect of which the report was required tobe furnished is January, 1998 or any subsequent month,and

(b) the application for the waiver is based on the groundsdescribed in subsection (4)(a)(ii) or (iii), or both.

Discretionarypenaltiesrelated tosection 19reports

21(1) Where a person furnishes to the Commission a reportunder section 19 relating to February, 1996 or any subsequentmonth, the Commission may, subject to subsections (2) to (4),impose on that person a penalty in respect of that report notexceeding $10 000 if

(a) the information required to be contained in the report isincomplete,

(b) information contained in the report is inaccurate, or



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(c) the information required to be contained in a transmittaldocument accompanying the report is incomplete orinaccurate.

(2) Where penalties are imposed on a person under subsection(1) with respect to reports required to be furnished by that personunder section 19 in respect of the same month, the aggregate ofthe penalties imposed on that person under that subsection inrespect of all of the reports relating to that month shall not exceed$25 000.

(3) In deciding on whether to impose a penalty on a person undersubsection (1) or in deciding on the amount of a penalty to beimposed on a person under subsection (1), the Commission shallhave regard to at least the following:

(a) the representations by that person as to liability for thepenalty or as to its amount;

(b) whether that person made all reasonable efforts tocomply with the requirements that gave rise to theCommission's consideration of whether to impose thepenalty;

(c) the magnitude of the quantities or amounts omitted fromthe report or not furnished under any report or the extentof the inaccuracy of the information in the report ortransmittal document, as the case may be;

(d) the impact of the unreported, omitted or inaccurateinformation on the Commission's determination, at theMinister's request, of an amount per gigajoule to beprescribed by the Minister as a Gas Reference Price fora month pursuant to section 6(1) of the Natural GasRoyalty Regulation, 1994 (Alta. Reg. 351/93);

(e) the number of occasions on which that person wasinformed by the Commission of any of thecircumstances referred to in subsection (1)(a), (b) or (c)in relation to reports that were required to be furnishedor that were previously furnished under section 19 bythat person but in respect of which no penalty was thenimposed under subsection (1);

(f) the number and amounts of penalties previouslyimposed by or pursuant to this section on that person.

(4) Where the Commission determines that

(a) a person is liable under subsection (1) for penalties inrespect of reports furnished under a particular provisionof section 19 and relating to any 4 or more monthsoccurring after January, 1996,



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(b) there is a consistent similarity in the nature of theincompleteness or inaccuracies in the reports or thetransmittal documents accompanying them, as the casemay be, that gave rise to the liability, and

(c) the person had not been advised in writing by theCommission prior to the furnishing of the last of thereports of the incompleteness or inaccuracies and how toprepare future reports of that kind, or the transmittaldocuments accompanying them, as the case may be, inorder to make them complete and accurate,

the aggregate of the penalties referred to in clause (a) andimposed on that person shall not exceed $30 000.

Penalty invoice 22 Where a penalty is imposed on a person by or pursuant tosection 20 or 21, the Commission shall send to that person aninvoice for the penalty and inform that person of the reasons forits imposition and the deadline by which payment of the penaltymust be received by the Commission.

Informationstatements

23(1) The Commission may direct any person to furnish to theCommission a statement or series of monthly statementscontaining information relating to

(a) the production, transportation, sale, purchase,distribution, use or other disposition of marketable gasin Alberta,

(b) the removal of marketable gas from Alberta or the sale,use, storage or other disposition of that marketable gasoutside Alberta,

(c) sales of marketable gas occurring at or near the point atthe Alberta border where the gas is removed fromAlberta, or

(d) the importation of gas into Alberta or the sale, use,storage or other disposition of that gas in Alberta.

(2) A direction given under subsection (1)

(a) may specify the month or period of months to which thestatement must relate and shall specify the deadline bywhich the statement must be furnished;

(b) if it requires the furnishing of a series of monthlystatements, must specify the deadlines by which therespective statements must be furnished;

(c) may require that a statement



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(i) be in a form prescribed or approved by theCommission,

(ii) be completed in accordance with any instructionscontained in the direction, or

(iii) be verified in the manner provided for in thedirection.

(3) A person to whom a direction is given under subsection (1)shall comply with the direction.

(4) If a person

(a) is given a direction under subsection (1) after thecoming into force of this subsection, and

(b) fails to furnish a statement required by the direction bythe deadline specified in the direction,

that person is liable to pay to the Commission a penalty of $1000and an additional penalty of $1000 for all or part of eachsubsequent month during which the failure continues.

(5) For the purpose of subsection (4), a person has failed tofurnish a statement to the Commission, whether before or afterthe deadline specified in the direction, if

(a) the statement is not received in the offices of theCommission, or

(b) the statement received by the Commission

(i) is not in a form prescribed or approved by theCommission, if that requirement is specified in thedirection,

(ii) is not completed in accordance with instructionscontained in the direction, or

(iii) is not verified in the manner provided for in thedirection, if the direction contains a requirement ofthat kind.

(6) Subject to subsections (7) and (8), the Commission maywaive a penalty imposed by subsection (4) on being satisfied

(a) that the person required to furnish the statement failed tofurnish it in accordance with subsection (4) by reason of

(i) circumstances beyond that person's control,



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(ii) circumstances that the person could not havereasonably foreseen, or

(iii) the person being unaware of the requirement tofurnish the statement,

and

(b) that, having regard to all the circumstances of the case,the person furnished the statement within a reasonabletime after the deadline for furnishing it.

(7) An application for a waiver under subsection (6) must befiled with the Commission not later than 30 days after the date ofthe invoice issued by the Commission for the penalty sought tobe waived.

(8) The Commission may not grant a penalty waiver undersubsection (6) if

(a) the month in respect of which the statement was requiredto be furnished is January, 1998 or any subsequentmonth, and

(b) the application for the waiver is based on the groundsdescribed in subsection (6)(a)(ii) or (iii) or both.

(9) Where a person furnishes a statement pursuant to a directiongiven to that person under subsection (1) after the coming intoforce of this subsection, the Commission may impose on thatperson a penalty not exceeding $25 000 if

(a) the information required to be contained in the statementis incomplete, or

(b) information contained in the statement is inaccurate.

(10) Where a person fails to furnish a statement pursuant to adirection given under subsection (1) after the coming into forceof this subsection and the Commission has not given an approvalto that person under section 25(a) relating to compliance with thedirection, but the Commission nevertheless considers it necessaryin the circumstances to conduct an audit or examination of thatperson's records for the purpose of obtaining the information thatshould have been furnished in the statement,

(a) no further penalties may be imposed under subsection(4) in relation to the failure to furnish the statement withrespect to any period following the commencement ofthe Commission's audit or examination, and

(b) the Commission may impose on that person a furtherpenalty for the failure to furnish the statement in an



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amount not exceeding the difference between theaggregate of the penalties imposed under subsection (4)and $25 000.

(11) Where a penalty is imposed on a person by or pursuant tothis section, the Commission shall send to that person an invoicefor the penalty and inform that person of the reason for itsimposition and the deadline by which payment of the penaltymust be received by the Commission.

Appealsrespectingpenalties

24(1) Subject to this section, a person on whom a penalty isimposed by or pursuant to this Part may file with the Commissiona notice of appeal to the Minister respecting

(a) that person's liability for a penalty imposed by section20 or 23(4),

(b) that person's liability for a penalty imposed pursuant tosection 21 or 23(9) or (10) or the amount of that penalty,or

(c) the Commission's refusal to grant a penalty waiverpursuant to section 20(4) or 23(6).

(2) On considering an appeal under this section, the Ministermay, as the case requires,

(a) confirm the penalty,

(b) revoke the penalty on the ground that the appellant wasnot liable for it,

(c) reduce the amount of a penalty imposed pursuant tosection 21 or 23(9) or (10), or

(d) grant any penalty waiver pursuant to section 20(4) or23(6) that the Commission could have granted.

(3) The Commission may establish general directions respectingthe commencement of appeals under this section and theprocedures for the conduct of those appeals.

Alternativemanner ofcompliance

25 With the approval of the Commission, a person may complywith

(a) a direction given to that person pursuant to section 23,or

(b) a notice given to that person under section 14 of the Act,



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by permitting any employee or agent of the Commissiondesignated by the Commission to examine and audit that person'srecords, and to take away that person's records for furtherexamination and copying, for the purpose of enabling theCommission to obtain the information that would otherwise beobtained if that person complied with the direction or notice, asthe case may be.

Communi-cation ofconfidentialinformation

26(1) Information obtained by the Commission under thisRegulation and information contained in returns obtained by theCommission under section 14 of the Act may be communicated,disclosed or made available to a person employed in theDepartment or acting on behalf of the Minister for the purpose of

(a) evaluating, formulating or administering any policy orprogram of the Department, or

(b) administering any enactment under the administration ofthe Minister.

(2) Information obtained by the Commission under thisRegulation and information contained in returns obtained by theCommission under section 14 of the Act may be provided orpublished by the Commission or the Minister in summarized orstatistical form if the information is provided or published in sucha manner that it is not possible to relate the information to anyparticular identifiable person, gas contract, well, pipeline, orfacility at which gas is used or stored inside or outside Alberta.

(3) Information obtained by the Commission under thisRegulation and information contained in returns obtained by theCommission under section 14 of the Act may be communicated,disclosed or otherwise made available to a department or agencyof the Government of Alberta if

(a) the information is communicated, disclosed or madeavailable pursuant to an agreement made between theCommission and that department or agency,

(b) the agreement is approved by the Minister,

(c) the agreement provides that the information obtained bythat department or agency pursuant to the agreement isto be held by it in confidence and is not to be furthercommunicated, disclosed or made available, and

(d) the information is in the form provided for in theagreement and is to be used by that department oragency only in accordance with the agreement.

(4) Information obtained by the Commission under thisRegulation and information contained in returns obtained by the



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Commission under section 14 of the Act may be communicated,disclosed or otherwise made available to a department or agencyof the Government of Canada or of a province if

(a) the information is communicated, disclosed or madeavailable pursuant to an agreement made between theCommission and that department or agency,

(b) the agreement is approved by the Minister,

(c) the agreement provides that the information obtained bythat department or agency pursuant to the agreement isto be held by it in confidence and is not to be furthercommunicated, disclosed or made available,

(d) the information is in the form provided for in theagreement and is used by the department or agency onlyin accordance with the terms and conditions of theagreement, and

(e) where it is possible to relate the information to anyparticular identifiable person, gas contract, well,pipeline, or facility at which gas is used or stored insideor outside Alberta, the person who provided theinformation to the Commission consents to thecommunication or disclosure of the information or to itsbeing made available.

(5) Information obtained by the Commission under this Part maybe communicated, disclosed or otherwise made available to anindependent auditor appointed under a contract or arrangemententered into by the Minister pursuant to section 27 of the NaturalGas Royalty Regulation, 1994 (Alta. Reg. 351/93) if theinformation is communicated, disclosed or made available inaccordance with the contract or arrangement.

(6) Information obtained from the Commission by an auditorpursuant to subsection (5)

(a) must be held by the auditor in confidence and must notbe further communicated, disclosed or made availableby the auditor in any circumstances where it is possibleto relate that information to any particular identifiableperson, gas contract, well, pipeline, or facility at whichmarketable gas is used or stored inside or outsideAlberta, and

(b) subject to clause (a), may be used by the auditor for thepurposes of preparing a report to the organization ororganizations that appointed the auditor if theinformation is used in accordance with that contract orarrangement.



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Retention ofrecords

27(1) A person who, during November, 1986 or any subsequentmonth,

(a) buys, sells, takes delivery of or delivers marketable gasin Alberta under a gas contract,

(b) produces marketable gas in Alberta,

(c) transports marketable gas in Alberta or has marketablegas transported in Alberta for that person's account,

(d) distributes marketable gas in Alberta,

(e) uses in Alberta marketable gas purchased otherwise thanfrom a distributor,

(f) removes marketable gas from Alberta, or

(g) imports gas into Alberta,

shall keep that person’s records relating to the purchase, sale,delivery, production, transportation, distribution, use, removal orimportation, as the case may be, occurring in that month for aperiod of at least 5 years after the end of that month.

(2) A person who removes marketable gas from Alberta inNovember, 1986 or in any subsequent month, and the person whois the owner of that marketable gas at the time of its removal,shall keep their respective records relating to the transportation,sale, use, storage or other disposition of that marketable gasoutside Alberta for a period of at least 5 years after thatmarketable gas was removed from Alberta.

(3) A person who imports gas into Alberta in November, 1986or in any subsequent month, and the person who is the owner ofthat gas at the time of its importation, shall keep their respectiverecords relating to the sale, use, storage or other disposition ofthat gas in Alberta for a period of at least 5 years after that gaswas imported into Alberta.

(4) The records required to be kept by a person referred to insubsection (1), (2) or (3) are the records that come into thepossession of that person or that person’s agents.

(5) Notwithstanding subsections (1) to (3), the Commission may,with respect to any particular records mentioned in any of thosesubsections,

(a) consent to their destruction before the end of the 5-yearperiod that applies to them, or



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(b) by a written direction served personally or by registeredmail, require any person to keep those records for anylonger period prescribed in the direction.

PART 4

GENERAL

Appeals to theCourt ofAppeal

28(1) Leave to appeal under section 21 of the Act shall beobtained from a judge of the Court of Appeal

(a) on application made within one month after the makingof the decision sought to be appealed from, or within afurther time that the judge under special circumstancesallows, and

(b) on notice to the parties affected by the appeal and to theCommission.

(2) If leave to appeal is obtained, the Registrar of the Court shallset the appeal down for hearing at the next sittings.

(3) The party appealing shall, within 10 days after the appeal isset down, give to the parties affected by the appeal, and to theCommission, notice in writing that the appeal has been set downfor hearing.

(4) On the hearing of the appeal,

(a) no evidence other than the evidence that was submittedto the Commission on the making of the decisionappealed from shall be admitted, and

(b) the Court of Appeal shall proceed either to confirm, varyor set aside the decision appealed from and, if thedecision is set aside, shall refer the matter back to theCommission for further consideration andredetermination.

(5) On the hearing of the appeal, the Court may draw allinferences that are not inconsistent with the facts expressly foundby the Commission and that are necessary for determining thequestion of jurisdiction or of law, as the case may be, and shallcertify its opinion to the Commission.

(6) The Commission is entitled to be heard, by counsel orotherwise, on the argument of an appeal.

(7) Neither the Commission nor any member of the Commissionis in any case liable for costs by reason or in respect of an appealor application.



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Apprenticeship and I ndustry Training ActTHE ALBERTA GAZETTE, PART II, FEBRUARY 29, 1996 - 26 -...

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