THE ALBERTA GAZETTE Government of Alberta by alicejenny

VIEWS: 18 PAGES: 85

									                        THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003




                                    Alberta Regulation 263/2003

                                 Student Financial Assistance Act
                                        Student Loan Act
                                      Students Finance Act

                  STUDENT LOAN LIMITS (NEW ACT, 2003) AMENDMENT ORDER

                                                                                  Filed: August 18, 2003

Made by the Minister of Learning (M.O. 064/2003) on July 3, 2003 pursuant to sections 17(1) and 27(2) of
Schedule 1 of the Student Financial Assistance Regulation.

              1    The Loan Limits Order (AR 309/2002) is amended by
              this Order.


              2 The following is added above “Student Loan Act”:
                             Student Financial Assistance Act


              3  The Title is amended by adding “STUDENT” before
              “LOAN”.


              4 The following heading is added before section 1:
                                           PART 1


              5   Section 1 is amended by adding “(AR 298/2000)” after
              “Regulation”.


              6 Section 1(c) is amended
                   (a) by striking out

                            Law                                          50 000
                            Medicine                                     70 000

                       and substituting

                            Law                                          70 000
                            Medicine                                     95 000

                   (b) by striking out “Masters 50 000” and substituting

                            Masters (except MBA)                         50 000
                            Masters of Business Administration           60 000


              7 Section 2(1) is amended
                   (a) by adding “(AR 298/2000)” after “Regulation”;

                   (b) in clause (a) by striking out “$16 500 in an academic
                       year or $8250” and substituting “$16 950 in an academic
                       year or $8475”;




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ALTA. REG. 263/2003                                                      STUDENT FINANCIAL ASSISTANCE;
                                                                       STUDENT LOAN; STUDENTS FINANCE

                  (c) in clause (b) by striking out “$11 000 in an academic
                      year or $5500” and substituting “$11 300 in an academic
                      year or $5650”.


              8 Section 2(2) is amended
                  (a) in clause (a) by striking out “$19 500 in an academic
                      year or $9750” and substituting “$20 100 in an academic
                      year or $10 050”;

                  (b) in clause (b) by striking out “$13 000 in an academic
                      year or $6500” and substituting “$13 400 in an academic
                      year or $6700”.


              9 The following is added after section 2:
                                              PART 2
Maximum               3 The borrowing limits established under section 17(1)(b) of the
borrowing
limits                Student Financial Assistance Act for the purposes of section 17(2)
                      of that Act are those set out in section 1(a) to (c).
Annual loan           4 The maximum amounts established under section 17(1)(a)
limits
                      of the Student Financial Assistance Act that students may
                      receive in any one academic year in the form of loans are those
                      set out in section 2.

                                             PART 3
                                            GENERAL
Review                5 This Order must be reviewed before the 5th anniversary of the
                      enactment of the Student Loan Limits (New Act, 2003)
                      Amendment Order and afterwards at least every 5 years
                      commencing from the previous review.
Coming into           6 This Regulation comes into force on the commencement of
force
                      section 17 of the Student Financial Assistance Act.


                                       Alberta Regulation 264/2003

                                        Municipal Government Act

                          MACKENZIE REGIONAL WASTE MANAGEMENT
                                 COMMISSION REGULATION

                                                                                           Filed: August 19, 2003

Made by the Lieutenant Governor in Council (O.C. 380/2003) on August 19, 2003 pursuant to section 602.02 of
the Municipal Government Act.

                                          Table of Contents

              Establishment                                                           1
              Members                                                                 2
              Services                                                                3
              Operating deficits                                                      4
              Sale of property                                                        5
              Profit and surplus                                                      6


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ALTA. REG. 264/2003                                                                  MUNICIPAL GOVERNMENT

               Conditions                                                              7

Establishmen   1 A regional services commission known as the Mackenzie Regional
t
               Waste Management Commission is established.

Members        2 The following municipalities are members of the Commission:

                   (a) The Municipal District of Mackenzie No. 23;

                   (b) Town of High Level;

                   (c) Town of Rainbow Lake.

Services       3 The Commission is authorized to provide solid waste management
               services.

Operating      4 The Commission may not assume operating deficits that are shown on
deficits
               the books of any of the member municipalities.

Sale of        5(1) The Commission may not, without the approval of the Minister, sell
property
               any of its land, buildings or personal property the purchase of which has
               been funded wholly or partly by grants from the Government of Alberta.

               (2) The Minister may not approve a sale under subsection (1) unless the
               Minister is satisfied

                   (a) as to the repayment of grants from the Government of Alberta
                       and outstanding debt associated with that portion of the land,
                       buildings and personal property to be sold,

                   (b) that the sale would not have a significant adverse effect on the
                       services the Commission provides, and

                   (c) that the sale will be properly reflected in the rates subsequently
                       charged to the customers of the Commission.

Profit and     6 Unless otherwise approved by the Minister, the Commission must not
surplus
                   (a) operate for the purpose of making a profit, or

                   (b) distribute any of its surplus to its member municipalities.

Conditions     7 The Minister may make an approval under section 5 or 6 subject to
               any terms or conditions that the Minister considers appropriate.




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ALTA. REG. 265/2003                                                                                      FORESTS



                                           ------------------------------
                                       Alberta Regulation 265/2003

                                                  Forests Act

                       TIMBER MANAGEMENT (ORIENTED STRAND BOARD)
                                 AMENDMENT REGULATION

                                                                                             Filed: August 19, 2003

Made by the Lieutenant Governor in Council (O.C. 382/2003) on August 19, 2003 pursuant to section 4 of the
Forests Act.

              1  The Timber Management Regulation (AR 60/73) is
              amended by this Regulation.


              2 Section 2 is amended by repealing clause 14.1.


              3 Section 85 is amended
                  (a) by adding the following after subsection (4):

                      (4.1) If the Minister is satisfied that deciduous timber harvested
                      under the authority of a coniferous timber permit is incidental to
                      the harvesting operations, the timber dues for the deciduous
                      timber harvested from the area are the base rate.

                      (4.2) If the Minister is satisfied that a percentage of timber in an
                      area is endangered by acts of nature or by development that is not
                      authorized by or under the Act, the timber dues for that
                      percentage of timber harvested from the area are the base rate.

                      (4.3) If the Minister is satisfied that the distance by road using a
                      reasonable route from the location where the timber is harvested
                      to the mill in which the timber is made into oriented strand board
                      is 150 kilometres or greater, the timber dues for that timber are
                      50% of the rate specified in Schedule 4.

                  (b) by repealing subsection (5) and substituting the
                      following:

                      (5) The timber dues for a small stem log that, after being scaled
                      in accordance with the Scaling Regulation (AR 195/2002), has an
                      average gross volume per metre of length that is less than or equal
                      to 0.024 cubic metres are the base rate.

                      (6) The exceptions to the general rate of timber dues set out in
                      subsections (2) to (5) apply only if the timber is recorded and
                      identified separately to the satisfaction of the Minister.


              4   Section 96(2) is repealed and the following is
              substituted:

                      (2) The timber dues under a forest management agreement,
                      timber licence or commercial timber permit for timber that is used
                      or will likely be used to make oriented strand board, other than a
                      commercial timber permit sold by lump sum bid, are due and


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ALTA. REG. 265/2003                                                                           FORESTS

                      owing on the last day of the quarter of the year in which the dues
                      determination activity for that disposition occurs.


             5   Schedule 4 is repealed and the follow ing is
             substituted:

                                           SCHEDULE 4

                               General Rate of Timber Dues
                        Timber Used to Make Oriented Strand Board

             1 The timber dues for timber scaled or delivered to a mill, whichever
             occurs first, in a quarter of the year are the rate set out in column 2 of the
             following table that is opposite the price range in column 1, which is the
             average monthly price during the same payment period for 1000 square
             feet (referred to as MSF) of 7/16" oriented strand board (referred to as
             OSB) as calculated under item 2 of this Schedule.


                                                Table
                             COLUMN 1                                       COLUMN 2
                           OSB Price Range                                  Timber Dues
                           $ per MSF 7/16"                                  $ per cubic
                                                                            metre of
                                                                            roundwood

                        0.00       -           329.99                             0.53
                      330.00       -           354.99                             1.13
                      355.00       -           379.99                             2.02
                      380.00       -           404.99                             3.81
                      405.00       -           429.99                             7.38
                      430.00       -           454.99                            10.96
                      455.00       -           479.99                            14.53
                      480.00       -           504.99                            18.11
                      505.00       -           529.99                            21.68
                      530.00       -           554.99                            25.26
                      555.00       -           579.99                            28.83
                      580.00       -           604.99                            34.79
                      605.00       -           629.99                            40.75
                      630.00       -           654.99                            46.70
                      655.00       -           679.99                            52.66
                      680.00       -           704.99                            58.62
                      705.00       -           729.99                            64.58
                      730.00       -           754.99                            70.54
                      755.00       -           779.99                            76.50


             2 The average monthly price for MSF of 7/16" OSB in a quarter of the
             year is calculated by

                 (a) determining for each month in the quarter of the year the
                     average net F.O.B. mill price for MSF of 7/16" OSB for western
                     Canadian mills as shown in the publication titled Random
                     Lengths, published by Random Lengths Publications Inc.,

                 (b) converting each monthly average price into Canadian dollars
                     using the exchange rate prescribed by the Minister for each
                     month, and

                 (c) calculating the average of those converted prices for those 3
                     months in the quarter of the year.


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              6   This Regulation comes into force on November 1,
              2003.


                                      Alberta Regulation 266/2003

                                                Forests Act

                       TIMBER MANAGEMENT AMENDMENT REGULATION

                                                                                          Filed: August 19, 2003

Made by the Lieutenant Governor in Council (O.C. 383/2003) on August 19, 2003 pursuant to section 4 of the
Forests Act.

              1  The Timber Management Regulation (AR 60/73) is
              amended by this Regulation.


              2  Section 81(8) is amended by striking out “Minster” and
              substituting “Minister”.


              3  Section 87 is amended by adding the following after
              subsection (6):

                     (7) If the Minister is satisfied that deciduous timber harvested
                     under the authority of a coniferous timber permit is incidental to
                     the harvesting operations, the timber dues for the deciduous
                     timber harvested from the area are the base rate.


              4 Section 89 is amended
                  (a) by adding the following after subsection (2.1):

                     (2.2) If the Minister is satisfied that the distance by road using
                     the most direct route from the location where the timber is
                     harvested to the mill in which the timber is made into veneer is
                     150 kilometres or greater, the timber dues for that timber are 50%
                     of the rate calculated under item 1 of Schedule 6.

                  (b) in subsection (3) by striking out “and (2.1)” and
                      substituting “, (2.1) and (2.2)”.


              5   Section 89.2(8) is amended by striking out “Minster”
              and substituting “Minister”.


              6  Section 100(i) is amended by striking out “insure” and
              substituting “ensure”.


              7 Section 101(1) is amended by striking out “insuring” and
              substituting “ensuring”.


              8 Section 116 is repealed.

              9   Section 117 is repealed and the follow ing is
              substituted:


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ALTA. REG. 266/2003                                                                           FORESTS

                      117(1) Where timber or primary timber products are to be
                      transported, the shipper or vendor shall, before the timber or
                      primary timber products are transported on a public highway,
                      accurately complete a Form TM 9 or a similar form approved by
                      a forest officer for each load that is to be transported, and give to
                      the carrier 2 copies of the completed form.

                      (2) Notwithstanding subsection (1), a Form TM 9 is not required
                      with respect to the transporting of

                             (a) roundwood that is not more than 2.2 metres in length and
                                 that was harvested from privately owned land for
                                 personal use and not for resale,

                             (b) trees that are transplants or are to be used as Christmas
                                 trees and were harvested from privately owned land for
                                 personal use and not for resale, or

                             (c) primary timber products that are the subject of a Forest
                                 Products Tag or TM 66 tag issued under section 67.

                      (3) Where a person buys timber or primary timber products from
                      a bona fide retailer of timber or primary timber products, a bill of
                      sale or invoice may be accepted in substitution for Form TM 9.


             10    Section 117.1 is repealed and the following is
             substituted:

                      117.1 Unless authorized by a forest officer, a person shall not
                      haul on a public highway a load of trees or logs where the load
                      consists of a combination of

                       (a)      trees or logs that were harvested from public land, and

                       (b)      trees or logs that were harvested from privately owned
                                land.


             11 Sections 117.2 and 117.3 are repealed.

             12    Section 118(1)(c) is amended by adding “that is being
             delivered to a mill that does not have a weigh scale” after “timber”.


             13    Section 142.5(4) is repealed and the following is
             substituted:

                      (4) Notwithstanding subsection (1), no reforestation levy is
                      payable on a local timber permit for

                             (a) a tree that is not merchantable as defined by the
                                 harvesting ground rules that apply to that permit,

                             (b) the portion of a log that is above the top diameter of the
                                 utilization standard for the log,

                             (c) roundwood timber products that

                                  (i) exceed 2.4 metres but do not exceed 3 metres in
                                      length and have a peeled top diameter that does not
                                      exceed 7 centimetres, or


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ALTA. REG. 266/2003                                                                        FORESTS

                               (ii) do not exceed 2.4 metres in length and have a peeled
                                    top diameter that does not exceed 9 centimetres,

                          (d) tamarack,

                          (e) Christmas trees,

                          (f) transplant trees, or

                          (g) timber classified by the Minister as dead, diseased,
                              damaged or endangered or timber cleared for industrial
                              use or on land scheduled for agricultural development.


             14 The following is added after section 174:
                      175 For the purposes of ensuring that this Regulation is
                      reviewed for ongoing relevancy and necessity, with the option
                      that it may be repassed in its present or an amended form
                      following a review, this Regulation expires on April 30, 2008.


             15 Schedule 2 is amended
                  (a) by striking out “116,”;

                  (b) by striking out

                      “117.2                         Not less than $100 nor more than
                                                     $200 for each offence.

                      117, 117.3(1)(a) or (b)    Not less than $200 nor more than $500
                                                 for each offence.

                      117.3(1)(c) or (d)             Not less than $100 nor more than
                                                     $200 for each offence.

                      117.3(2)                       Not less than $200 nor more than
                                                     $500 for each offence.”

                       and substituting

                      “117, 117.1                Not less than $200 nor more than $500
                                                 for each offence”.


             16   Schedule 3 is amended in clause (a) by adding “and”
             at the end of subclause (ii), by repealing “and” at the end
             of subclause (iii) and by repealing subclause (iv).


             17 Schedule 6 is amended by repealing section 4.

             18       This Regulation comes into force on October 1,
             2003.




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                                           ------------------------------
                                       Alberta Regulation 267/2003

                                                 Hospitals Act

                    HOSPITALIZATION BENEFITS AMENDMENT REGULATION

                                                                                              Filed: August 19, 2003

Made by the Lieutenant Governor in Council (O.C. 386/2003) on August 19, 2003 pursuant to section 43 of the
Hospitals Act.

               1  The Hospitalization Benefits Regulation (AR 244/90) is
               amended by this Regulation.


               2 The following is added after section 5(1):
                      (1.1) Notwithstanding subsection (1), a resident of Alberta who
                      is admitted to an auxiliary hospital as an in-patient for the purpose
                      of receiving palliative care or sub-acute care services shall not be
                      required to pay an accommodation charge.

                      (1.2) The exemption in subsection (1.1) ceases to apply if the
                      patient is assessed as no longer requiring palliative care or
                      sub-acute care services.


               3    This Regulation comes into force on August 1, 2003.

                                       Alberta Regulation 268/2003

                                              Traffic Safety Act

                   URBAN AREA PRIMARY HIGHWAY SPEED LIMIT REGULATION

                                                                                              Filed: August 19, 2003

Made by the Lieutenant Governor in Council (O.C. 394/2003) on August 19, 2003 pursuant to section 191 of the
Traffic Safety Act.
Minister may   1(1) In the case of a primary highway or portion of a primary highway
prescribe
speed limit    that is located within an urban area, the Minister may prescribe a speed
               limit that is higher or lower than 50 kilometres per hour.

               (2) Where a speed limit is prescribed under section (1) it shall, for the
               purposes of the Traffic Safety Act and its regulations, be deemed to be of
               the same force and effect as if it had been prescribed under section 108
               of the Act.

Repeal         2 This section is repealed in accordance with section 191(2) of the
               Traffic Safety Act.




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ALTA. REG. 269/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT



                                           ------------------------------
                                       Alberta Regulation 269/2003

                          Environmental Protection and Enhancement Act

                       ENVIRONMENTAL PROTECTION AND ENHANCEMENT
                         (MISCELLANEOUS) AMENDMENT REGULATION

                                                                                              Filed: August 19, 2003

Made by the Lieutenant Governor in Council (O.C. 395/2003) on August 19, 2003 pursuant to sections 38, 86, 122
and 239 of the Environmental Protection and Enhancement Act.

               1    The Environmental Protection and Enhancement
               (Miscellaneous) Regulation (AR 118/93) is amended by this
               Regulation.


               2 The following is added after section 8:
Codes of              8.1(1) The following codes of practice are adopted pursuant to
practice
                      section 38 of the Act and form part of this Regulation:

                          (a) the Code of Practice for Waterworks Systems Using
                              High Quality Groundwater, published by the
                              Department, as amended or replaced from time to time;

                          (b) the Code of Practice for Waterworks Systems Consisting
                              Solely of a Water Distribution System, published by the
                              Department, as amended or replaced from time to time.

                      (2) A person who carries on an activity referred to in Column A
                      of the Schedule shall comply with the corresponding code of
                      practice referred to in Column B of the Schedule in the carrying
                      on of that activity.

                      (3) Subsection (2) does not apply to a waterworks system that is
                      operating on the date this section comes into force until the date
                      specified by the Director in a notice in writing to the registration
                      holder advising the registration holder that the code of practice or
                      part of the code of practice is to apply.

                      (4) The notice referred to in subsection (3) must specify

                          (a) that all or part of the code of practice is to apply and if
                              only part is to apply, which part, and

                          (b) the date on which all or part of the code of practice is to
                              apply.

                      (5) A person who receives a notice under subsection (3) shall
                      comply with the notice in accordance with its terms.

                      (6) Where subsection (2) does not apply to a waterworks system
                      as a result of the operation of subsection (3), the registration
                      holder shall comply with the conditions specified in the most
                      recent approval for the waterworks system issued under the Act,
                      until the date specified in the notice referred to in subsection (3).




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ALTA. REG. 269/2003                                         ENVIRONMENTAL PROTECTION AND ENHANCEMENT

Transitional -             8.2 Where before the coming into force of the Activities
codes of
practice                   Designation Regulation a person held an approval in respect of an
                           activity listed in Schedule 2, Division 5 of that Regulation,

                                (a) that approval is deemed to be a registration for the
                                    purposes of the Act, and

                               (b) the deemed registration has no expiry date.


                 3      Section 9 is repealed and the following is substituted:
Offences                   9 A person who contravenes

                                (a) section 8.1(2), (5) or (6) of this Regulation,

                               (b) section 2, 3, 4(1), (2) or (4), 5(1), (3) or (4), 6(1) or (3),
                                   7(1) or (3), 8, 9, 11, 12, 13, 14, 16 or 17(1), (2), (3) or
                                   (5) of the Potable Water Regulation, or

                                (c) section 2 or 5(1), (2) or (5) of the Wastewater and Storm
                                    Drainage (Ministerial) Regulation,

                           is guilty of an offence and is liable

                               (d) in the case of an individual, to a fine of not more than
                                   $50 000, or

                                (e) in the case of a corporation, to a fine of not more than
                                    $500 000.


                 4  Section 10 is amended by striking out “section 9(1)” and
                 substituting “section 9”.


                 5 Section 10.1 is repealed.

                 6 The following is added after section 11:
                                                  SCHEDULE

                                Column A                               Column B

                     Construction, operation or            Code of Practice for Waterworks
                     reclamation of a waterworks           Systems Using High Quality
                     system identified in clause (a) or    Groundwater
                     (c) of Schedule 2, Division 5 of
                     the Activities Designation
                     Regulation




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                   Construction, operation or            Code of Practice for a
                   reclamation of a waterworks           Waterworks System Consisting
                   system identified in clause (b) or    Solely of a Water Distribution
                   (d) of Schedule 2, Division 5 of      System
                   the Activities Designation
                   Regulation, except a water
                   distribution system serving a
                   development that is located on
                   land that is included in a
                   condominium plan registered
                   under the Land Titles Act, where
                   the development is located in and
                   receives its potable water from a
                   city, town, specialized
                   municipality, village, summer
                   village, hamlet or settlement area
                   as defined in the Metis
                   Settlements Act


               7      This Regulation comes into force on October 1, 2003.

                                          Alberta Regulation 270/2003

                              Environmental Protection and Enhancement Act

                           SUBSTANCE RELEASE AMENDMENT REGULATION

                                                                                          Filed: August 19, 2003

Made by the Lieutenant Governor in Council (O.C. 396/2003) on August 19, 2003 pursuant to sections 38 and 122
of the Environmental Protection and Enhancement Act.

               1  The Substance Release Regulation (AR 124/93) is
               amended by this Regulation.


               2   Section 14.1 is amended by striking out “Code” and
               substituting “code of practice”.


               3   The Schedule is repealed and the following Schedule
               is substituted:

                                                SCHEDULE

                             Column A                              Column B

                   asphalt paving plant                 Code of Practice for Asphalt
                                                        Paving Plants

                   concrete producing plant             Code of Practice for Concrete
                                                        Producing Plants

                   compressor and pumping               Code of Practice for
                   stations                             Compressors, Pumping Stations
                   sweet gas processing plant           and Sweet Gas Processing Plants

                   foundry                              Code of Practice for Foundries




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                   hydrostatic testing               Code of Practice for Discharge of
                                                     Hydrostatic Test Water from
                                                     Hydrostatic Testing of Petroleum
                                                     Liquid and Natural Gas Pipelines

                   hydrologic tracing analysis       Code of Practice for Hydrologic
                                                     Tracing Analysis Studies

                   tanker truck washing facility     Code of Practice for Tanker
                                                     Truck Washing Facilities


               4      This Regulation comes into force on October 1, 2003.

                                         Alberta Regulation 271/2003

                             Environmental Protection and Enhancement Act

                        PESTICIDE SALES, HANDLING, USE AND APPLICATION
                                    AMENDMENT REGULATION

                                                                                            Filed: August 19, 2003

Made by the Lieutenant Governor in Council (O.C. 397/2003) on August 19, 2003 pursuant to sections 86 and 166
of the Environmental Protection and Enhancement Act.

               1  The Pesticide Sales, Handling, Use and Application
               Regulation (AR 24/97) is amended by this Regulation.


               2 Section 1 is amended
                     (a) by repealing clause (q) and substituting the
                         following:

                             (q) “dispenser” means a person 18 years of age or older who
                                 holds a dispenser certificate recognized by the Director
                                 or has other qualifications recognized by the Director;

                     (b) in clause (u) by striking out “, but does not include
                         groceries”;

                     (c) by repealing clause (aa)(i) and substituting the
                         following:

                             (i) a Ministerial Order dated May 7, 1985 and made
                                 pursuant to section 10 of the Public Lands Act
                                 (RSA 1980 cP-30), as that Order is amended from time
                                 to time, or

                     (d) by repealing clause (cc) and substituting the
                         following:

                            (cc) “grocery store” means a store that sells primarily food,
                                 including but not limited to

                                  (i) fresh or frozen meat,

                                 (ii) fresh or frozen produce,

                                (iii) fresh dairy products, and

                                (iv) baked goods;


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ALTA. REG. 271/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                    (e) in clause (ee) by striking out “ , but does not include the
                        exchange of agricultural production services among commercial
                        agriculturalists”;

                    (f) in clause (ll) by adding the following after
                        subclause (viii):

                          (ix) a man-made water hazard that is located on a golf course
                               and has no outflow of water beyond the golf course
                               boundary;


                3   Section 3 is repealed and the following is substituted:
Exemption for         3    A researcher who is conducting research or testing in
research and
testing               accordance with the Pest Control Products Act (Canada) is
                      exempt from

                           (a) section 163 of the Act,

                           (b) this Regulation, except sections 2 and 5, and

                           (c) the Pesticide (Ministerial) Regulation (AR 43/97),
                               except section 9.


                4   Section 8 is amended by adding the following after
                subsection (3):

                      (4) No person shall divert water from a river, stream, lake,
                      natural watercourse or other natural water body for the purposes
                      of pesticide application unless

                           (a) the person is an exempted agricultural user under section
                               19 of the Water Act, or

                           (b) the person is diverting water such that

                               (i) no more than 50 cubic metres of water is drawn
                                   from any location site in a calendar year,

                               (ii) the water source is not in an area where there is
                                    administration of the priority of water licences and
                                    registrations under the Water Act, and

                              (iii) the diversion of water will not result in a significant
                                    adverse effect on the aquatic environment.


                5    Section 13(b) is amended by striking out “a training
                course” and substituting “training”.


                6   Section 17 is amended by repealing subsection (2)
                and substituting the following:

                      (2) A registrant or registrant’s agent must forward to the Director
                      within 30 days of the date of a written request from the Director

                           (a) a list of all persons in Alberta to whom the registrant
                               supplies any pesticides listed in Schedule 1, 2, 3 or 4,
                               and


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ALTA. REG. 271/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                          (b) the names and total quantity of pesticides sold.


                7   Section 20(2) is repealed and the following is
                substituted:

                      (2) No person shall sell at retail a pesticide listed in Schedule 1
                      or 2 to any person unless that person

                          (a) holds the appropriate pesticide service registration,

                          (b) is an applicator,

                          (c) is a commercial agriculturalist, or

                          (d) is a person purchasing a pesticide for acreage or hobby
                              greenhouse use where the pesticide is authorized for
                              acreage or hobby greenhouse use as defined by the latest
                              edition of the Environmental Code of Practice for
                              Pesticides published by the Department.


                8 Section 23(1) is repealed.


                9   Section 25 is repealed and the follow ing is
                substituted:
Display or            25 No person shall display or sell
sell
                          (a) a pesticide listed in Schedule 1, 2 or 3 in a grocery store;

                          (b) a pesticide listed in Schedule 4 in a grocery store where
                              the display or sale of the pesticide has caused, is causing
                              or may cause an adverse effect.


                10    Section 29 is repealed and the follow ing is
                substituted:
Disposal of           29(1) A person disposing of
other
containers or
grain                     (a) paper, glass, cardboard material or a bag that contained
                              a pesticide listed in Schedule 1 or 2 or that held a
                              container that contained such a pesticide,

                          (b) a container that contained a pesticide listed in Schedule
                              3 or 4, or

                          (c) seed or grain that has been treated or mixed with a
                              pesticide,

                      must do so in accordance with the Waste Control Regulation (AR
                      192/96) unless otherwise authorized by the Director.

                      (2) Subsection (1)(a) does not limit recycling of cardboard
                      material that held a container that contained a pesticide listed in
                      Schedule 1 or 2 if there is no pesticide contamination on the
                      cardboard material.


                11    Section 32(2) is repealed and the following is
                substituted:

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                         THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003




                      (2) No person shall dispose of pesticide concentrate except in
                      accordance with the Waste Control Regulation (AR 192/96).

                      (3) Where a pesticide concentrate is not specified in the Waste
                      Control Regulation (AR 192/96), the pesticide concentrate must
                      be disposed in a manner that will not cause an adverse effect.


               12 Section 33(b) is amended by adding “13(2),” after “12,”
               and by striking out “or 19” and substituting “, 19 or 20(2)”.


               13 The following is added after section 36:
                                              Review
Review                37 In compliance with the ongoing regulatory review initiative,
                      this Regulation must be reviewed on or before July 31, 2008 and
                      not less frequently than every 5 years after that date.


                                      Alberta Regulation 272/2003

                          Environmental Protection and Enhancement Act

                           WASTE CONTROL AMENDMENT REGULATION

                                                                                          Filed: August 19, 2003

Made by the Lieutenant Governor in Council (O.C. 398/2003) on August 19, 2003 pursuant to sections 175 and 187
of the Environmental Protection and Enhancement Act.

               1   The Waste Control Regulation (AR 192/96) is amended
               by this Regulation.


               2 Section 1 is amended
                   (a) in clause (s) by striking out “(SOR/85-77)” and
                       substituting “(SOR/2001-286)”;

                   (b) b y re p e a l i n g clauses (cc) a n d ( d d ) a n d
                       substituting the following:

                         (cc) “oilfield waste” means an unwanted substance or
                              mixture of substances that results from the construction,
                              operation, abandonment or reclamation of a facility, well
                              site or pipeline within the meaning of the Oil and Gas
                              Conservation Act and the regulations under that Act but
                              does not include an unwanted substance or mixture of
                              substances from such a source that is received for
                              storage, treatment, disposal or recycling at a facility
                              authorized for that activity pursuant to the
                              Environmental Protection and Enhancement Act;

                         (dd) “oilfield waste management facility” means a facility
                              that is approved under the Oil and Gas Conservation Act
                              and the regulations under that Act to process, treat,
                              dispose of, store or recycle oilfield waste;

                   (c) by repealing clause (gg) and substituting the
                       following:



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ALTA. REG. 272/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                         (gg) “recyclable” means a substance or mixture of substances
                              that is intended to be recycled;

                   (d) by repealing clause (ll) and substituting the
                       following:

                          (ll) “waste” means any solid or liquid material or product or
                               combination of them that is intended to be treated or
                               disposed of or that is intended to be stored and then
                               treated or disposed of, but does not include recyclables;


               3    Section 17 is repealed and the follow ing is
               substituted:
Application           17(1) Section 169 of the Act does not apply to a person
                      consigning for shipment less than 205 litres, or less than 205
                      kilograms, of hazardous recyclables.

                      (2) Section 169(b) of the Act does not apply to a hazardous
                      recyclable that is being consigned for shipment to an oilfield
                      waste management facility.


               4   This Regulation comes into force on October 1, 2003.


                                          ------------------------------
                                      Alberta Regulation 273/2003

                          Environmental Protection and Enhancement Act

              WASTEWATER AND STORM DRAINAGE AMENDMENT REGULATION

                                                                                           Filed: August 19, 2003

Made by the Lieutenant Governor in Council (O.C. 399/2003) on August 19, 2003 pursuant to sections 86, 122 and
239 of the Environmental Protection and Enhancement Act.

               1    The Wastewater and Storm Drainage Regulation
               (AR 119/93) is amended by this Regulation.


               2 Section 1 is amended
                   (a) by repealing clause (d.1) and substituting the
                       following:

                        (d.1) “industrial development” means any development on the
                              site of a plant;

                   (b) by repealing clause (g) and substituting the
                       following:

                          (g) “municipal development” means any development that
                              consists of 2 or more lots, but does not include a city,
                              town, specialized municipality, village, summer village,
                              hamlet, settlement area as defined in the Metis
                              Settlements Act, privately owned development or
                              industrial development;



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ALTA. REG. 273/2003                               ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                (c) by repealing clause (h) and substituting the
                    following:

                      (h) “owner” of a wastewater system or storm drainage
                          system means

                           (i) the local authority of a city, town, specialized
                               municipality, village, summer village or settlement
                               area as defined in the Metis Settlements Act in which
                               the wastewater system or storm drainage system is
                               located;

                          (ii) for a hamlet

                              (A) a cooperative, as defined in the Cooperatives
                                  Act, formed by the individual lot owners served
                                  by the hamlet’s wastewater system or storm
                                  drainage system, or

                              (B) if no cooperative exists, the local authority of
                                  the municipal district, improvement district,
                                  specialized municipality or special area in
                                  which the hamlet’s wastewater system or storm
                                  drainage system is located;

                          (iii) for a municipal development,

                              (A) the local authority of the municipal district,
                                  improvement district, specialized municipality
                                  or special area in which the municipal
                                  development’s wastewater system or storm
                                  drainage system is located,

                              (B) the owner of a private utility, or

                              (C) where neither paragraph (A) nor (B) applies, the
                                  collection of individual lot owners located in
                                  the municipal development that is served by the
                                  wastewater system or storm drainage system;

                          (iv) for a privately owned development, the owner of the
                               privately owned development;

                          (v) for a wastewater system or storm drainage system
                              owned by a regional services commission, the
                              regional services commission that owns the
                              wastewater system or storm drainage system;

                          (vi) for a wastewater system or storm drainage system
                               that is a private utility, the owner of the private
                               utility;

                         (vii) for an industrial development, the owner of the
                               industrial development in which the wastewater
                               system or storm drainage system is located;

                (d) in clause (i)

                       (i) by adding the following after subclause (iii):

                            (iii.1) the approval holder or registration holder, as the
                                    case may be, for the wastewater system or
                                    storm drainage system,


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ALTA. REG. 273/2003                                  ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                         (ii) in subclause (iv) by striking out “or (iii)” and
                              substituting “, (iii) or (iii.1)”;

                         (iii) in subclause (v) by adding “, (iii.1)” after
                               “(iii)”;

                  (e) by repealing clause (k) and substituting the
                      following:

                         (k) “privately owned development” means a recreational
                             development, school, mobile home park, restaurant,
                             motel, community hall, work camp, holiday trailer park,
                             campsite, picnic site, information centre or other similar
                             development, including such a development owned or
                             operated by the Government, that is on a parcel of land
                             that is not subdivided, but does not include a single
                             family dwelling or a farmstead;

                  (f) by adding the following after clause (l):

                       (l.01) “professional engineer” means a professional engineer or
                              registered professional technologist (engineering) under
                              the Engineering, Geological and Geophysical
                              Professions Act;

                  (g) in clause (o) by striking out “means storm” and
                      substituting “means” and by striking out “new town”
                      and substituting “specialized municipality”;

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

                        (s.1) “wastewater lagoon” means a wastewater treatment plant
                              that consists of one or more designed and constructed
                              surface impoundments used for biological and physical
                              treatment of wastewater, but does not include such a
                              plant that uses mechanical aeration;

                  (i) by repealing clause (t) and substituting the
                      following:

                          (t) “wastewater treatment plant” means any structure, thing
                              or process used for physical, chemical, biological or
                              radiological treatment of wastewater, and includes a
                              structure, thing or process used for

                              (i) wastewater storage,

                              (ii) treated wastewater use and disposal, and

                             (iii) sludge treatment, storage and disposal;


              3   Section 2 is repealed and the following is substituted:
Application           2(1) This Regulation only applies to a wastewater system or
                      storm drainage system as designated in

                          (a) Schedule 1, Division 2, Part 7, or

                         (b) Schedule 2, Division 2,




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ALTA. REG. 273/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                      of the Activities Designation Regulation, including replacements,
                      extensions, additions and modifications referred to in the Notes
                      in those provisions.


               4   Section 3 is amended by striking out “ensure that this
               Regulation is complied with” and substituting “comply with this
               Regulation”.


               5 The following is added after section 3:
Adoption of           3.1(1) The following codes of practice are adopted pursuant to
codes of
practice              section 38 of the Act and form part of this Regulation:

                          (a) the Code of Practice for Wastewater Systems Using a
                              Wastewater Lagoon, published by the Department, as
                              amended or replaced from time to time;

                          (b) the Code of Practice for Wastewater Systems Consisting
                              Solely of a Wastewater Collection System, published by
                              the Department, as amended or replaced from time to
                              time.

Duty to               3.2(1) A person who carries on any activity referred to in
comply with
codes                 Column A of the Schedule shall comply with the corresponding
                      code of practice referred to in Column B of the Schedule in the
                      carrying on of that activity.

                      (2) Subsection (1) does not apply to a wastewater system that is
                      operating on the date this section comes into force until the date
                      specified by the Director in a notice in writing to the registration
                      holder advising the registration holder that the code of practice or
                      part of the code of practice is to apply.

                      (3) The notice referred to in subsection (2) must specify

                          (a) that all or part of the code of practice is to apply and if
                              only part is to apply, which part, and

                          (b) the date on which all or part of the code of practice is to
                              apply.

                      (4) Where subsection (1) does not apply to a wastewater system
                      as a result of the operation of subsection (2), the registration
                      holder shall comply with the conditions specified in the most
                      recent approval for the wastewater system issued under the Act,
                      until the date specified in the notice referred to in subsection (2).

                      (5) A person who receives a notice under subsection (2) shall
                      comply with the notice in accordance with its terms.


               6   Section 4 is repealed and the following is substituted:
Substance             4 A wastewater system and a storm drainage system must each
release
requirements          be

                          (a) designed,

                          (b) operated, and


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ALTA. REG. 273/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                          (c) maintained

                      to achieve under all normal and foreseeable operating conditions
                      all substance release requirements as specified in this Regulation,
                      an approval or the applicable code of practice.


                7 Section 5 is amended
                    (a) in subsection (1) by adding “each” after “must”;

                    (b) in subsection (1)(a) by adding “, as amended or
                        replaced from time to time” after “Department”;

                    (c) by adding the following after subsection (1):

                      (1.1) The design of any wastewater system or storm drainage
                      system or any portion of it must be stamped and signed by a
                      professional engineer.


                8 The following is added after section 5:
Construction          5.1 A wastewater system and a storm drainage system must
to design
standards             each be constructed according to the applicable design standard
                      referred to in section 5.


                9   Section 6 is repealed and the following is substituted:
Extension             6(1) Prior to commencing an extension of a wastewater
and
replacement           collection system or storm drainage collection system or a
of collection         replacement of a portion of a wastewater collection system or
systems               storm drainage collection system, the approval holder or
                      registration holder, as the case may be, in respect of the
                      wastewater system or storm drainage system shall inform the
                      Director in writing of the intention to undertake the extension or
                      replacement.

                      (2) The information under subsection (1) must contain at least the
                      following, as applicable:

                          (a) the approval number or the registration number for the
                              wastewater system or storm drainage system as issued
                              under the Act;

                          (b) the location of the proposed extension or replacement;

                          (c) written confirmation, stamped and signed by a
                              professional engineer, that the increased flow associated
                              with the extension or replacement is within the design
                              capacity of the existing wastewater collection system or
                              storm drainage collection system;

                          (d) written confirmation, stamped and signed by a
                              professional engineer, that the increased flow associated
                              with the extension or replacement is within the design
                              capacity of the wastewater system or storm drainage
                              system providing treatment of the collected wastewater
                              or storm drainage;

                          (e) a statement of whether or not the design of the extension
                              or replacement meets the standards in the Standards and

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ALTA. REG. 273/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                               Guidelines for Municipal Waterworks, Wastewater and
                               Storm Drainage Systems, published by the Department,
                               as amended or replaced from time to time;

                          (f) any other information required by the Director.

                      (3) No person shall commence

                          (a) an extension of a wastewater collection system or storm
                              drainage collection system, or

                          (b) a replacement of a portion of the wastewater collection
                              system or storm drainage collection system,

                      if the design does not comply with the design standards set out in
                      the Standards and Guidelines for Municipal Waterworks,
                      Wastewater and Storm Drainage Systems, published by the
                      Department, as amended or replaced from time to time, unless
                      that person has obtained the written authorization of the Director.

                      (4) On request, the approval holder or registration holder, as the
                      case may be, in respect of the wastewater system or storm
                      drainage system shall immediately provide to the Director or an
                      inspector any engineering drawings, specifications or other
                      information regarding any aspect of the extension or replacement
                      to which this section applies.

Storm                 6.1(1) No person shall commence construction of an additional
drainage
treatment             storm drainage treatment facility or a modification of a storm
facilities            drainage treatment facility except in accordance with a written
                      authorization from the Director.

                      (2) The application for written authorization under subsection (1)
                      must contain the following as applicable:

                          (a) the approval number or the registration number for the
                              storm drainage system as issued under the Act;

                          (b) the location of the proposed storm drainage treatment
                              facility;

                          (c) engineering drawings of the addition or modification,
                              stamped and signed by a professional engineer;

                          (d) a description of the project including

                               (i) the location of the immediate and ultimate system
                                   discharge points from the proposed storm drainage
                                   treatment facility, and

                              (ii) the nature and extent of treatment of the storm
                                   drainage before discharge to the environment;

                          (e) predevelopment storm drainage flow and post
                              development storm drainage flow from the area served
                              by the proposed storm drainage treatment facility;

                          (f) design hydraulic capacity of the proposed storm drainage
                              treatment facility;

                          (g) written confirmation, stamped and signed by a
                              professional engineer that the increased flow associated


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ALTA. REG. 273/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                               with the proposed storm drainage treatment facility is
                               within the design capacity of the existing storm drainage
                               system;

                           (h) any other information required by the Director.

                       (3) On request, the approval holder or registration holder shall
                       immediately provide to the Director or an inspector any
                       engineering drawings, specifications or other information
                       regarding any aspect of an addition or modification to which this
                       section applies.

Snow                   6.2(1) No person shall, at the same location for a period
disposal
                       exceeding one year, dispose of snow that has been removed from
                       a city, town, specialized municipality, hamlet, settlement area as
                       defined in the Metis Settlements Act, municipal development or
                       privately owned development unless the Director has been
                       informed in writing of the intention to dispose of snow at that
                       location.

                       (2) The information under subsection (1) must include at least

                           (a) a description of the location of the snow disposal site,
                               and

                           (b) a comparison of the design of the snow disposal site with
                               the design guidelines in the Snow Disposal Guidelines
                               for the Province of Alberta, published by the
                               Department, as amended from time to time.


                 10    Section 7(1) is amended by adding “or is authorized in
                 writing by the Director” after “approval”.


                 11 Section 7.1 is repealed.

                 12   Sections 8, 9 and 9.1 are repealed and the following
                 is substituted:
Land                   8(1) Subject to subsection (2), no person shall apply sludge to
application of
sludge                 land except in accordance with the written authorization of the
                       Director.

                       (2) Subsections (1) and (3) to (7) do not apply where an approval
                       provides for the proposed application of sludge or where the
                       proposed application of sludge is governed by a code of practice.

                       (3) A sludge application project must be developed in accordance
                       with

                           (a) the Guidelines for the Application of Municipal
                               Wastewater Sludges to Agricultural Lands, published by
                               the Department, as amended or replaced from time to
                               time, and

                           (b) the Standards and Guidelines for Municipal
                               Waterworks, Wastewater and Storm Drainage Systems,
                               published by the Department, as amended or replaced
                               from time to time.


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ALTA. REG. 273/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                      (4) An application for authorization for a sludge application
                      project must contain at least the following information:

                          (a) the approval number issued under the Act for the
                              wastewater system from which the sludge will be taken;

                          (b) the location of the land on which the sludge is to be
                              applied;

                          (c) the proposed sludge application rate and how that rate
                              was derived;

                          (d) written consent to the proposed project from

                               (i) all owners of land on which sludge is to be applied,
                                   and

                               (ii) the local authorities of all municipalities in which
                                    sludge is to be applied;

                          (e) any other information required by the Director.

                      (5) The person responsible for the wastewater system shall
                      prepare a report within 2 months following completion of the
                      sludge application project.

                      (6) The report referred to in subsection (5) shall contain

                          (a) the location of land on which sludge was applied,

                          (b) the actual sludge and lime application rate for each
                              application site, and

                          (c) a record of any public concerns respecting the sludge
                              application project.

                      (7) The person responsible for the wastewater system shall retain
                      a report referred to in subsection (5) for 5 years from its creation.

Wastewater            9(1) Subject to subsection (2), no person shall use treated
irrigation
                      wastewater for irrigation except in accordance with the written
                      authorization of the Director.

                      (2) Subsections (1) and (3) to (7) do not apply where an approval
                      provides for the proposed irrigation or where the proposed
                      irrigation is governed by a code of practice.

                      (3) A treated wastewater irrigation project must be developed in
                      accordance with:

                          (a) the Guidelines for Municipal Wastewater Irrigation,
                              published by the Department, as amended or replaced
                              from time to time, and

                          (b) the Standards and Guidelines for Municipal
                              Waterworks, Wastewater and Storm Drainage Systems,
                              published by the Department, as amended or replaced
                              from time to time.

                      (4) An application for authorization for a wastewater irrigation
                      project must contain at least the following information:



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ALTA. REG. 273/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                          (a) the approval number issued under the Act for the
                              wastewater system from which the treated wastewater
                              will be taken;

                          (b) the location of the land on which the proposed irrigation
                              is to take place;

                          (c) the proposed treated wastewater irrigation rate and how
                              that rate was derived;

                          (d) the proposed method of irrigation;

                          (e) written consent to the proposed project from

                               (i) all owners of land on which the proposed irrigation
                                   is to take place, and

                               (ii) the local authorities of all municipalities in which
                                    the proposed irrigation is to take place;

                           (f) any other information required by the Director.

                      (5) The person responsible for the wastewater system shall
                      prepare a report within 2 months following completion of the
                      treated wastewater irrigation project.

                      (6) The report referred to in subsection (5) shall contain

                          (a) the location of land on which the irrigation took place,

                          (b) the actual treated wastewater irrigation rate for each
                              irrigation site, and

                          (c) a record of any public concerns respecting the
                              wastewater irrigation project.

                      (7) The person responsible for the wastewater system shall retain
                      a report referred to in subsection (5) for 5 years from its creation.

Re-use                9.1(1) No person shall use treated wastewater in a manner or for
                      a purpose other than

                          (a) for irrigation to which section 9 applies, or

                          (b) a manner or purpose that is provided for in an approval
                              or is governed by a code of practice

                      except in accordance with the written authorization of the
                      Director.

                      (2) An application for an authorization under subsection (1) must
                      contain at least the following information:

                          (a) a description of the nature of the proposed use of treated
                              wastewater,

                          (b) information regarding all potential adverse effects of the
                              project, and

                          (c) any other information required by the Director.




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                         THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 273/2003                                       ENVIRONMENTAL PROTECTION AND ENHANCEMENT

             13    Section 10 is repealed and the follow ing is
             substituted:
Offence               10 A person who contravenes section 3, 3.2(1), (4) or (5), 4,
                      5(1), (1.1) or (3), 5.1, 6(1), (3) or (4), 6.1(1) or (3), 6.2(1), 7(1),
                      8(1), (3), (5), (6) or (7), 9(1), (3), (5), (6) or (7) or 9.1(1) is guilty
                      of an offence and liable

                           (a) in the case of an individual, to a fine of not more than
                               $50 000, or

                          (b) in the case of a corporation, to a fine of not more than
                              $500 000.


             14 The following is added after section 12:
                                              SCHEDULE
                            Column A                                 Column B

              Construction, operation or                Code of Practice for Wastewater
              reclamation of a wastewater               Systems Using a Wastewater
              system that is described in clause        Lagoon
              (d) of Division 2 of Schedule 2 in
              the Activities Designation
              Regulation.

              Construction, operation or                Code of Practice for Wastewater
              reclamation of a wastewater               Systems Consisting Solely of a
              system described in clause (e) of         Wastewater Collection System
              Division 2 of Schedule 2 in the
              Activities Designation
              Regulation, except a wastewater
              collection system serving a
              development that is located on
              land that is included in a
              condominium plan registered
              under the Land Titles Act, where
              the development is located in and
              the wastewater collection is
              provided by a city, town,
              specialized municipality, village,
              summer village, hamlet or
              settlement area as defined in the
              Metis Settlements Act


             15       This Regulation comes into force on October 1,
             2003.




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ALTA. REG. 274/2003                                           PERSONS WITH DEVELOPMENTAL DISABILITIES
                                                                              COMMUNITY GOVERNANCE



                                            ------------------------------
                                         Alberta Regulation 274/2003

                                 Persons with Developmental Disabilities
                                      Community Governance Act

                               GOVERNANCE AMENDMENT REGULATION

                                                                                              Filed: August 19, 2003

Made by the Lieutenant Governor in Council (O.C. 400/2003) on August 19, 2003 pursuant to section 23 of the
Persons with Developmental Disabilities Community Governance Act.

                 1 The Governance Regulation (AR 208/97) is amended by
                 this Regulation.


                 2   Section 2 is repealed and the following is substituted:
Term of office          2(1) A Board member may be initially appointed for up to 3
                        years, and subsequent reappointments may be for up to 3 years,
                        but, subject to subsection (2), a Board member may not serve for
                        more than 6 consecutive years.

                        (2) If the Minister considers it in the interest of the Board to do
                        so, a Board member may serve for up to 9 consecutive years.

                        (3) A member of a Board continues to hold office after the expiry
                        of the member’s term of office until the member is reappointed or
                        a successor is appointed.


                                            ------------------------------
                                         Alberta Regulation 275/2003

                                      Forest and Prairie Protection Act

                     FOREST PROTECTION (PAYMENT FOR SERVICES, VEHICLES
                                AND EQUIPMENT) REGULATION

                                                                                              Filed: August 22, 2003

Made by the Minister of Sustainable Resource Development (M.O. 35/03) on August 12, 2003 pursuant to section
42 of the Forest and Prairie Protection Act.
Definitions      1 In this Regulation,

                     (a) “Act” means the Forest and Prairie Protection Act;

                     (b) “Department” means the department under the Minister
                         determined under section 16 of the Government Organization
                         Act as the Minister responsible for the Act.

Remuneratio      2(1) The remuneration to be paid for services provided in wildfire
n and rates
for services,    suppression and other forest protection operations is to be determined in
vehicles and     accordance with Schedule 1.
equipment



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ALTA. REG. 275/2003                                                     FOREST AND PRAIRIE PROTECTION

             (2) The rates to be paid for the use of vehicles and equipment in wildfire
             suppression and other forest protection operations are to be determined
             in accordance with Schedule 2.

             (3) The remuneration and the rates referred to in subsections (1) and (2)
             are to be calculated from the date this Regulation comes into force.

Repeal       3   The Forest Protection (Payment for Services, Vehicles and
             Equipment) Regulation (AR 150/2001) is repealed.

Expiry       4 For the purpose of ensuring that this Regulation is reviewed for
             ongoing relevancy and necessity, with the option that it may be repassed
             in its present or an amended form following a review, this Regulation
             expires on June 30, 2013.


                                           Schedule 1

                                   Remuneration for Services

             1 In this Schedule,

                 (a) “certified person” means a person who has the training and
                     experience necessary to be certified under the FPD Wildfire
                     Certification Program;

                 (b) “qualified person” means a person who meets the requirements
                     to be qualified under the FPD Wildfire Certification Program;

                 (c) “trainee” means a person who does not meet the requirements to
                     be qualified under the FPD Wildfire Certification Program but
                     meets the minimum requirements necessary to carry out a
                     position until training or experience, or both, have been acquired;

                 (d) “uncertified person” means a person who does not have the
                     training and experience necessary to be certified under the FPD
                     Wildfire Certification Program but meets the minimum
                     requirements necessary to carry out a position until training or
                     experience, or both, have been acquired.


             2 The remuneration payable to persons holding the positions set out in
             Column 1 of the following table is to be determined in accordance with
             the rates set out in Column 2 of the following table:

                                              TABLE
             Column 1                                         Column 2
             Category                                         Hourly Rate
             of Service                                Certified       Uncertified
             Provided                                  Person or           Person
                                                       Qualified        or Trainee
                                                       Person

             (1) Command Section*

                      Wildfire Information Officer            $ 17.39               n/a




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                           THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 275/2003                                                       FOREST AND PRAIRIE PROTECTION

             (2) Operations Section*

                (a)     Sustained Action Member Type 3           $10.17            $ 8.97
                (b)     Sustained Action Member Type 2            12.57            11.37
                (c)     Helitack Member Type 1                    14.95            13.76
                (d)     Sustained Action Sub-leader Type 2        13.76            12.57
                (e)     Helitack Sub-Leader Type 1                16.15            14.95
                (f)     Sustained Action Leader Type 3            12.57            11.37
                (g)     Sustained Action Leader Type 2            14.95            13.76
                (h)     Helitack Leader Type 1                    17.35            16.15
                 (i)    Strike Team Leader                        18.29            17.09
                 (j)    Sector Leader                             18.55            17.35
                (k)     Operations Section Chief 2                18.81            17.61
                 (l)    Dozer Boss                                16.27            15.07
               (m)      Heavy Equipment Group Supervisor          17.46            16.27
                (n)     Aerial Observer                           17.35            16.15
                (o)     Helibase Manager                          14.00            12.81
                (p)     Mixing Crew Member                        10.98              9.78

             (3) Planning Section*

                (a)     Planning Section Chief 2                 $18.55           $17.35
                (b)     Time Unit Leader                          15.82            14.63
                (c)     Situation Unit Leader                     15.82            14.63
                (d)     Resource Unit Leader                      14.02            12.83
                (e)     Demobilization Unit Leader                14.02            12.83
                (f)     Documentation Unit Leader                 14.02            12.83

             (4) Logistics Section*

                (a)     Cook’s Helper                            $ 8.56              n/a
                (b)     Cook 1                                   12.81            $11.61
                (c)     Cook 2                                   10.77              9.57
                (d)     Facility Unit Leader                     14.00             12.81
                (e)     Base or Camp Manager                     12.57             11.37
                (f)     Mechanic - licensed                      16.29               n/a
                (g)     Mechanic – non-licensed                     n/a            11.55
                (h)     Stevedore                                  8.56             7.36
                 (i)    Stevedore Foreman                        10.47              8.97
                 (j)    Supply Unit Leader                       15.79             14.61
                (k)     Logistics Section Chief 2                18.55             17.35
                 (l)    Ground Support Unit Leader               14.00             12.81
               (m)      Driver                                   10.98               n/a
                (n)     Fire Administrative Support              12.57             10.47
                (o)     Course Training Rate                       6.43             6.43
                (p)     Heavy Equipment Manager                  14.00             12.81
                (q)     Receiving and Distribution Manager       14.00             12.81
                (r)     Ordering Manager                         14.00             12.81
                (s)     Equipment Recovery Manager               14.00             12.81
                 (t)    Radio Operator 1                         13.48             12.30
                (u)     Radio Operator 2                         12.30             11.39

                       *All out-of-service Incident Command System (ICS) Type I
                       Overhead positions are to be paid at the rate of $20.82 per hour or
                       paid according to a personal services contract. Positions include
                       the following:

                       !      Operations Section Chief 1,
                       !      Planning Section Chief 1,
                       !      Logistics Section Chief 1,
                       !      Operations Branch Director,
                       !      Air Operations Branch Director.



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                        THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 275/2003                                                        FOREST AND PRAIRIE PROTECTION

                      The Incident Commander position must be filled by in-service
                      staff.


             3 Remuneration for overtime hours is to be calculated in accordance
             with the Employment Standards Code and the Employment Standards
             Regulation (AR 14/97).


             4 Holiday remuneration is to be calculated at the rate of 4% on all
             regular hours worked, and is not calculated on overtime hours.


                                            Schedule 2

                                 Rates for the Use of Vehicles
                                        and Equipment

             1 The rates prescribed in this Schedule include amounts to be paid for
             the provision of fuel and remuneration for the operator, unless otherwise
             specified.


             2(1) The rates to be paid for the hire of passenger cars and trucks are to
             be determined in accordance with the following:

                 (a) passenger cars (all makes)                                  $48/day;

                 (b) light trucks and vans (all makes):

                           (i) up to and including 3/4 ton,
                               2-wheel drive                                    $114/day;
                          (ii) up to and including 3/4 ton,
                               4-wheel drive                                    $162/day;
                         (iii) 6 to 8 passenger van                               $37/hr;
                         (iv) 9 to 12 passenger van                               $43/hr;
                          (v) 13 to 15 passenger van                              $53/hr;

                 (c) quads (all makes)                                          $128/day;

                 (d) trucks 1 ton and over (all makes):

                           (i) 1 ton or more but less than 2 tons                 $53/hr;
                          (ii) 2 tons or more but less than 3 tons                $58/hr;
                         (iii) 3 tons or more                                      $69/hr.

             (2) Notwithstanding subsection (1), if vehicles are hired from a
             commercial rental business, the rental rate of that business is the rate to be
             paid.


             3(1) The rates to be paid in respect of skidders are to be determined in
             accordance with the Alberta Road Builders and Heavy Construction
             Association Equipment Rental Rates Guide.

             (2) The hourly rate is to be determined in accordance with the following:

                 (a) equipment servicing and the use of the service vehicle is to be
                     part of the hourly rate;

                 (b) if the skidder or nodwell hired is equipped with a water tank and
                     pump and hose, the rate is to be increased in accordance with this
                     Regulation;


                                                     - 915 -
                       THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 275/2003                                                    FOREST AND PRAIRIE PROTECTION

                 (c) if the operator does not supply the fuel, the rate is to be
                     decreased by 10%.


             4 The rates to be paid in respect of tracked vehicles including nodwells
             are to be determined in accordance with the following:

             Equipment                                                 Hourly Rate

                 (a) Bombardier

                          (i)   Bombi                                         $ 68.00
                         (ii)   Model J-5 (tractor)                             72.00
                        (iii)   Model S-6 (3-4 tons)                            72.00
                        (iv)    Model N-5 (3-4 tons)                            72.00
                         (v)    Muskeg Carrier (3-4 tons)                       82.50
                        (vi)    Safari (3-4 tons)                               82.50
                       (vii)    Terrain Master (7 1/4 tons)                     95.00

                 (b) Flextrack Nodwell RN or FN Models

                          (i)   10, 1/2 ton                                   $ 64.00
                         (ii)   15, 1/4 ton                                     74.00
                        (iii)   20, 1 ton                                       80.00
                        (iv)    30, 1 1/2 tons                                  83.00
                         (v)    60, 3 tons                                      87.00
                        (vi)    75, 3 3/4 tons                                  95.00
                       (vii)    110, 6 tons                                     97.50
                      (viii)    160, 8 tons                                     97.50
                        (ix)    240, 12 tons                                  116.50
                         (x)    400, 20 tons                                  170.00
                        (xi)    600, 35 tons                                  201.50

                 (c) Foremost

                         (i)    Surego, 1/2 ton                               $ 68.00
                        (ii)    S200, 2 tons                                    79.50
                       (iii)    6T, 6 tons (4 track drive)                      95.00
                       (iv)     8T, 8 tons (4 track drive)                    106.00
                        (v)     12T, 12 tons (4 track drive)                  122.00

                 (d) Artco/Hillbrand/Flotation Tire Unit

                         (i)    Model H                                       $ 83.00
                        (ii)    Model J                                         96.00
                       (iii)    Model K or L, 4x4                               98.00
                       (iv)     Model K or L, 6x6                             124.00
                        (v)     F.M.C. Steel Track Model 210CA               $215.00


             5 The rates to be paid in respect of miscellaneous firefighting equipment
             are to be determined in accordance with the following:

             (1) Portable Fire Pumps (all types)

                 (a) Pumps with 50 mm (2") or larger discharge
                     ports, rate per hour                                      $ 4.75

                 (b) Pumps with 38 mm (1 1/2") discharge ports,
                     rate per hour                                             $ 4.25

                 (c) Pumps with 25 mm (1") or smaller discharge
                     ports, rate per hour                                      $ 3.75


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                       THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 275/2003                                                    FOREST AND PRAIRIE PROTECTION


             ! The above rates apply only if the Department supplies gasoline and
               oil.

             ! If the owner or operator supplies gasoline and oil, the rates are
               increased by $1.00 per hour.

             (2) Power Saws (all types)

                 (a) Saws with engine size of 54 to 57 cc, rate per
                     hour                                                        $4.50

                 (b) Saws with engine size over 57 cc, rate per
                     hour                                                        $5.50

             ! The above rates apply only if the Department supplies gasoline and
               oil.

             ! If the owner or operator supplies gasoline and oil, the rates are
               increased by $1.00 per hour.

             (3) Fire Hose

             For each 30-metre length of lined discharge fire hose supplied by the
             owner or operator, the rate to be paid is $0.20 per length per hour.

             (4) Skidder and Nodwell Tanks

             The rate to be paid in respect of water tanks for skidders and nodwells is
             to be calculated at a rate of $0.006 per litre per hour.

             ! Add applicable rate per day for portable fire pump if tank is so
               equipped or pump is required.

             ! Add applicable rate per day for pump fuel and oil if supplied by owner
               or operator.

             ! Add applicable rate if hose is supplied by owner or operator.

             (5) Stationary Tanks (tanks only) without a truck or pump

             Imperial Gallons               Litres              Daily Rate

                   100                          455                     $ 6.25
                   200                          910                       8.50
                   300                         1364                     10.50
               301-999                    1365-4549                     13.75
                  1000                         4550                     22.25
                  2000                         9090                     34.00
                  3000                       13 638                     36.00
                  4000                       18 180                     38.00
                  5000                       22 730                     42.50
                  6000                       27 280                     53.00
                  7000                       31 820                     58.25
                  8000                       36 370                     63.50
                  9000                       40 914                     69.00
                10 000                       45 460                     74.25

             ! Add applicable rate per day for portable fire pump if tank is so
               equipped or pump is required.

             ! Add applicable rate per day for pump fuel and oil if supplied by owner
               or operator.


                                                     - 917 -
                         THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 275/2003                                                          FOREST AND PRAIRIE PROTECTION

             ! Add applicable rate if hose is supplied by owner or operator.

             (6) Special Units

                 Municipal fire truck complete with
                  5-person crew                                                $375.00/hr
                 Rescue Unit                                                    132.50/hr
                 Tanker                                                         132.50/hr

             These rates apply unless the municipality has a published rate or the rates
             are covered in an existing Fire Control Agreement.


             6(1) The rates to be paid for the hire of a school bus or coach are to be
             determined on a per kilometre or hourly basis in accordance with the
             following:
                                       School Bus Rate               Coach Rate
                                     $ per km    $ per hr         $ per km $ per hr

             12-25 passenger bus      $1.05         $53.00           $1.22      $63.50
             26-39 passenger bus       1.15          58.50            1.32       69.00
             40 + passenger bus        1.38          69.00            1.59       79.50

             (2) Notwithstanding subsection (1), if a school bus or coach is hired from
             a commercial rental business, the rental rate of that business is the rate to
             be paid.


                                          ------------------------------
                                      Alberta Regulation 276/2003

                          Environmental Protection and Enhancement Act

                              ACTIVITIES DESIGNATION REGULATION

                                                                                              Filed: August 25, 2003

Made by the Minister of Environment (M.O. 48/2003) on August 20, 2003 pursuant to section 85 of the
Environmental Protection and Enhancement Act.

                                         Table of Contents

             Interpretation                                                               1
             Definitions - approval activities                                            2
             Definitions - registration activities                                        3
             Definitions - notice activities                                              4
             Designation of activities                                                    5
             Combined authorizations                                                      6
             Notice                                                                       7
             Transitional - approvals                                                     8
             Transitional - permits                                                       9
             Transitional - waste management                                             10
             Transitional - Schedule 2, Division 2 activities                            11
             Transitional - Schedule 2, Division 4 activities                            12
             Transitional - Schedule 3 activities                                        13
             Repeal                                                                      14
             Review                                                                      15
             Coming into force                                                           16

             Schedules



                                                     - 918 -
                           THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 276/2003                                      ENVIRONMENTAL PROTECTION AND ENHANCEMENT

Interpretation   1(1) In this Regulation, “Act” means the Environmental Protection and
                 Enhancement Act.

                 (2) Where a term that is defined in the Act is used in this Regulation, it
                 has that defined meaning for the purposes of this Regulation except where
                 this Regulation gives it a different meaning.

Definitions -    2(1) The following definitions apply for the purposes of Division 1 of
approval
activities       Schedule 1:

                     (a) “buried valley” means a valley containing coarse-grained fluvial
                         or glacial fluvial deposits covered by glacial fill;

                     (b) “combustion unit” means industrial furnaces, boilers and process
                         heaters;

                     (c) “compost facility” means a waste management facility where
                         waste, not including hazardous waste, is decomposed through a
                         controlled bio-oxidation process that results in a stable
                         humus-like material, but does not include a residential composter
                         or a compost facility that receives only sludge as defined in the
                         Wastewater and Storm Drainage Regulation (AR 119/93);

                     (d) “dispose”, when used with reference to the disposal of waste at
                         a landfill, means the intentional placement of waste on or in land
                         as its final resting place;

                     (e) “empty container” means a container that contains less than 2.5
                         centimetres of the original contents or less than 3% of the
                         original contents, whichever is the lesser amount;

                     (f) “hazardous recyclable” means hazardous recyclable within the
                         meaning of the Waste Control Regulation (AR 192/96);

                     (g) “hazardous waste” has the meaning given to it in the Waste
                         Control Regulation (AR 192/96);

                     (h) “land treatment” means the controlled application of a substance
                         on the soil surface and incorporation of the substance into the
                         upper soil zone in such a manner that physical, chemical or
                         biological degradation of the substance takes place, but does not
                         include land treatment of sludge as defined in the Wastewater
                         and Storm Drainage Regulation (AR 119/93);

                      (i) “landfill” means a waste management facility at which waste is
                          disposed of by placing it on or in land, but does not include a
                          land treatment facility, a surface impoundment, a salt cavern or
                          a disposal well;

                     (j) “oil production site” means the field production facilities for
                         recovering oil or oil sands by drilling or other in-situ methods,
                         including any injection or pumping facilities and any associated
                         infrastructure, where

                             (i) the site is located within the area illustrated in the Guide
                                 For Oil Production Sites, published by the Department,
                                 as amended or replaced from time to time, and

                            (ii) an environmental impact assessment report is required in
                                 respect of the proposed activity or was required under the
                                 Land Surface Conservation and Reclamation Act;



                                                       - 919 -
                       THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 276/2003                                 ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                (k) “oilfield waste” means an unwanted substance or mixture of
                    substances that results from the construction, operation,
                    abandonment or reclamation of a facility, well site or pipeline as
                    defined in the Oil and Gas Conservation Act and the regulations
                    under that Act, but does not include an unwanted substance or
                    mixture of substances from such a source that is received for
                    storage, treatment, disposal or recycling at a facility authorized
                    for that activity pursuant to the Environmental Protection and
                    Enhancement Act;

                 (l) “oilfield waste management facility” means a facility that is
                     approved under the Oil and Gas Conservation Act and the
                     regulations under that Act to process, treat, dispose of, store or
                     recycle oilfield waste;

                (m) “processing” when used with reference to hazardous recyclables
                    includes, but is not limited to,

                        (i) the incorporation of hazardous recyclables into a product
                            without pretreating them, and

                        (ii) processing by means of physical, chemical, thermal or
                             biological processes;

                (n) “prohibited debris” means any inflammable waste that, when
                    burned, may result in the release to the atmosphere of dense
                    smoke, offensive odours or toxic substances and includes but is
                    not limited to

                        (i) animal manure,

                        (ii) pathological waste,

                       (iii) non-wooden material,

                       (iv) waste material from building or construction sites,
                            excluding wooden materials that do not contain wood
                            preservatives,

                        (v) combustible material in automobile bodies,

                       (vi) tires,

                      (vii) rubber or plastic, or anything containing or coated with
                            rubber or plastic or similar substances, except rubber or
                            plastic attached to shredded scrap steel,

                      (viii) solid waste from sawmills or planing mills with an annual
                             production in excess of 9500 cubic metres of lumber,

                       (ix) used oil,

                        (x) wood or wood products containing substances for the
                            purpose of preserving wood;

                (o) “recyclable” means a substance or mixture of substances that is
                    intended to be recycled;

                (p) “residential composter” means a composter that

                        (i) is located at a residence,




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ALTA. REG. 276/2003                                 ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                        (ii) is used to decompose manure, food scraps or vegetative
                             matter resulting from gardening, horticulture, landscaping
                             or land clearing, and

                       (iii) uses a controlled bio-oxidation process that results in a
                             stable humus-like material;

                 (q) “soil containing hydrocarbon” means soil that contains refined
                     petroleum hydrocarbon products that are used or could be used
                     as fuel or lubricants, but does not include soil that contains
                     benzene, toluene, ethyl benzene or xylene, or any combination
                     of any of them, as the sole contaminant;

                 (r) “space heater” means an oil fired heater used for heating the
                     interior of a structure;

                 (s) “surface impoundment” means a facility that consists of an
                     excavation or diked area that is formed primarily of earthen
                     materials and is used for the storage of waste;

                 (t) “waste” means any solid or liquid material or product or
                     combination of them that is intended to be treated or disposed of
                     or that is intended to be stored and then treated or disposed of,
                     but does not include recyclables.

             (2) The following definitions apply for the purposes of Division 2 of
             Schedule 1:

                 (a) “biotechnology products manufacturing plant” means a plant that
                     produces products using the application of science and
                     engineering in the direct or indirect use of living organisms or
                     parts or products of living organisms in their natural or modified
                     form, but does not include a facility that engages solely in
                     research;

                 (b) “brine processing plant” means a plant that produces or processes
                     brine products, including common table salt;

                 (c) “brine storage pond” means a pond that is used for the storage of
                     water that contains more than 5000 milligrams per litre of
                     chlorides;

                 (d) “building products manufacturing plant” means a plant that
                     manufactures asphalt shingles, gypsum wallboard, bricks or tiles;

                 (e) “bulk petroleum storage facility” means a facility that has the
                     capacity to store 10 000 cubic metres or more of petroleum
                     products;

                 (f) “cement plant” means a plant that manufactures Portland cement;

                 (g) “chemical manufacturing plant” means a plant that manufactures
                     organic or inorganic chemicals, but does not include an oil
                     refinery, a sugar refinery, a gas processing plant, a petrochemical
                     manufacturing plant, a food processing plant or a plant that only
                     blends or packages chemicals;

                 (h) “chemical storage facility” means a facility that has a storage
                     capacity for organic or inorganic chemicals of 5000 cubic metres
                     or more;

                 (i) “coke or carbon manufacturing plant” means a plant that
                     produces or processes coke or carbon products;


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                       THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 276/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                 (j) “crude bitumen” means a naturally occurring viscous mixture,
                     mainly of hydrocarbons heavier than pentane, that may contain
                     sulphur compounds and that, in its naturally occurring viscous
                     state, will not flow to a well;

                (k) “crude oil” means a mixture mainly of pentanes and heavier
                    hydrocarbons that

                         (i) is recovered or is recoverable at a well from an
                             underground reservoir, and

                        (ii) is liquid at the conditions under which its volume is
                             measured or estimated,

                      and includes all other hydrocarbon mixtures so recovered or
                      recoverable except raw gas condensate or crude bitumen;

                 (l) “distillery” means a plant for

                         (i) the extraction of alcoholic liquors for commercial
                             purposes, or

                        (ii) the production of fuel grade ethanol

                      that has a design production capacity of greater than 1 000 000
                      litres per year of 100% alcohol or the equivalent;

                (m) “domestic wastewater” means wastewater that is the composite
                    of liquid and water-carried wastes associated with the use of
                    water for drinking, cooking, cleaning, washing, hygiene,
                    sanitation or other domestic purposes, together with any
                    infiltration and inflow wastewater, that is released into a
                    wastewater collection system;

                (n) “electrical and electronic components plant” means a plant that
                    manufactures electrical and electronic components including but
                    not limited to semiconductors, electronic crystals or luminescent
                    materials, and that

                         (i) releases industrial wastewater to the environment other
                             than to a wastewater treatment plant,

                        (ii) has an industrial wastewater release greater than 0.05
                             cubic metres per second, or

                        (iii) emits volatile organic compounds in an amount greater
                              than 10 tonnes per year;

                (o) “electroplating plant” means a plant that carries out metal
                    electroplating, anodizing or galvanizing processes and releases
                    industrial wastewater to the environment other than to a
                    wastewater treatment plant;

                (p) “enhanced recovery in-situ oil sands or heavy oil processing
                    plant” means a plant that processes or recovers heavy oil or crude
                    bitumen by thermal or solvent in-situ recovery methods, but does
                    not include any production facilities that are connected by
                    pipeline to the plant;

                (q) “explosives manufacturing plant” means a plant that
                    manufactures dynamite, nitroglycerin, ammonium nitrate,
                    cyclotrimethylene trinitramine (RDX), cyclotetramethylene
                    tetranitramine (HMX) or trinitrotoluene (TNT), but does not
                    include

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ALTA. REG. 276/2003                                  ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                         (i) blending and mixing facilities located on sites, including
                             mine sites, where explosives are being used, or

                        (ii) fertilizer manufacturing plants;

                 (r) “fertilizer manufacturing plant” means a plant that manufactures
                     a substance or a mixture of substances that contains one or more
                     compounds of nitrogen, phosphorus, potassium or other plant
                     food and is sold or represented for use as a plant nutrient;

                 (s) “fertilizer storage facility” means a facility that has the capacity
                     to store fertilizer in quantities of

                         (i) 1000 tonnes or more of anhydrous ammonia,

                        (ii) 10 000 tonnes or more of granular or prilled ammonium
                             phosphate or ammonium nitrate or urea fertilizer
                             products, or

                       (iii) 5000 cubic metres or more of liquid fertilizer;

                 (t) “forage drying facility” means a plant that removes water, in a
                     gaseous or liquid state, from forage crops including but not
                     limited to alfalfa, brome, timothy, clovers, fescues or any
                     combination of those crops, but does not include a facility that
                     does not conduct fossil fuelled thermal drying prior to the cube
                     or pellet formation stage;

                (u) “foundry” means a facility that produces metal products through
                    thermal melting and casting or moulding of metals, including
                    reclaimed metals, and that has a nominal melting rate of greater
                    than 5 tonnes per hour of metal;

                (v) “glass manufacturing plant” means a plant that manufactures
                    glass or glass products by using a fossil fuelled furnace or an
                    electric furnace and that is designed to produce more than 5
                    tonnes of glass or glass products per day;

                (w) “hamlet” means an unincorporated community that has been
                    designated as a hamlet in accordance with the Municipal
                    Government Act;

                (x) “hydrostatic testing” means hydrostatic testing of vessels,
                    impoundments or pipes that generate greater than 1000 cubic
                    metres of water, but does not include hydrostatic testing of
                    petroleum liquid pipelines or gas pipelines;

                (y) “industrial development” means any development on the site of
                    a plant;

                 (z) “industrial runoff” means surface water resulting from
                     precipitation that falls on a plant;

                (aa) “industrial wastewater” means the composite of liquid wastes
                     and water-carried wastes, any portion of which results directly
                     from an industrial process carried on at a plant;

               (bb) “in-situ surface water treatment” means the in-situ application of
                    a substance other than a pesticide to surface water, except in a
                    dugout, for restoration, enhancement or other purposes;

                (cc) “insulation manufacturing plant” means a plant that
                     manufactures thermal insulation products;


                                                   - 923 -
                       THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 276/2003                                 ENVIRONMENTAL PROTECTION AND ENHANCEMENT

               (dd) “iron and steel mill” means a facility that manufactures iron and
                    steel through the use of heating or thermal melting other than
                    welding, but does not include a facility that fabricates secondary
                    products from iron or steel;

                (ee) “lead smelter” means a plant that processes lead bearing ores,
                     concentrates or reclaimed lead into lead products and uses
                     thermal reaction or thermal melting processes;

                (ff) “lime plant” means a plant that manufactures lime or other
                     calcium carbonate derivatives as a saleable product;

               (gg) “liquid fertilizer” means a mixture of fertilizer materials,
                    including fillers or additives, that is dissolved or suspended in a
                    liquid;

               (hh) “malting plant” means a plant that produces barley malt;

                (ii) “meat plant” means a plant that

                         (i) processes into saleable products

                            (A) fish, molluscs or crustaceans, or

                            (B) carcasses or primal cuts of meat,

                        (ii) annually produces more than

                            (A) 1500 tonnes live weight of red meat,

                            (B) 1300 tonnes live weight of poultry, or

                            (C) 130 tonnes of fish, and

                        (iii) releases industrial wastewater into the environment,

                      and includes an abattoir and a mobile butcher operation;

                (jj) “metal manufacturing plant” means a plant, other than a foundry,
                     that produces metals;

               (kk) “methane” means, in addition to its normal scientific meaning,
                    a gaseous mixture composed mainly of methane and which may
                    contain ethane, nitrogen, helium or carbon dioxide;

                (ll) “milk products plant” means a plant that

                         (i) processes more than 5000 cubic metres per year of raw
                             milk to produce a milk product, including but not limited
                             to cheese, milk powder, butter milk powder, and whey
                             powder, and

                        (ii) releases industrial wastewater into the environment;

              (mm) “municipal development” means any development that consists
                   of 2 or more lots, but does not include a city, town, specialized
                   municipality, village, summer village, hamlet, settlement area as
                   defined in the Metis Settlements Act, privately owned
                   development or industrial development;

               (nn) “oil” means condensate or crude oil, or a constituent of raw gas,
                    condensate or crude oil that is recovered in processing and that
                    is liquid at the conditions under which its volume is measured or
                    estimated;

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                      THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 276/2003                                ENVIRONMENTAL PROTECTION AND ENHANCEMENT

               (oo) “oil refinery” means a plant for manufacturing hydrocarbon
                    products from oil, heavy oil, crude bitumen or synthetic crude
                    oil;

               (pp) “oil sands processing plant” means a plant for

                        (i) the recovery from oil sands of crude bitumen, sand and
                            other substances, or

                       (ii) the extraction from crude bitumen of crude oil, natural
                            gas and other substances;

               (qq) “oil seed processing plant” means a plant for the commercial
                    production of edible oil products;

                (rr) “paper product” means paper, coated paper, paperboard,
                     hardboard, boxboard, linerboard, insulating board, building
                     board, corrugating medium, tissue, moulded cellulose product
                     and any other product directly derived from pulp, but does not
                     include viscose, rayon, cellophane or any other cellulose
                     derivative;

                (ss) “pesticide manufacturing plant” means a plant that manufactures
                     pesticides;

                (tt) “petrochemical manufacturing plant” means a plant that
                     manufactures organic chemical substances produced from
                     petroleum-based materials, but does not include an oil refinery,
                     a gas processing plant or a plant that only blends or packages
                     petrochemicals;

               (uu) “plant” means all buildings, structures, process equipment,
                    pipelines, vessels, storage and material handling facilities,
                    roadways and other installations, used in and for any activity
                    listed in section 2 of the Schedule of Activities in the Act,
                    including the land, other than undeveloped land, that is used for
                    the purposes of the activity;

               (vv) “power plant” means a plant that produces steam or thermal
                    electrical power and has a rated production output of greater than
                    one megawatt under peak load, but does not include a production
                    facility for space heating;

              (ww) “private utility” means a wastewater system or storm drainage
                   system that is owned and operated by a person other than a local
                   authority, municipal development, industrial development or
                   privately owned development, but does not include a system that
                   services only a single family dwelling or a farmstead;

               (xx) “privately owned development” means a recreational
                    development, school, mobile home park, restaurant, motel,
                    community hall, work camp, holiday trailer park, campsite,
                    picnic site, information centre or other similar development,
                    including such a development owned or operated by the
                    Government that is on a parcel of land that is not subdivided, but
                    does not include

                        (i) a single family dwelling, or

                       (ii) a farmstead;

               (yy) “pulp” means processed cellulose fibres that are derived from
                    wood, other plant material or recycled paper products;


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                       THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 276/2003                                 ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                (zz) “pulp manufacturing plant” means a plant that manufactures pulp
                     products;

               (aaa) “pulp and paper manufacturing plant” means a plant that
                     manufactures pulp and paper products;

              (bbb) “rail car washing facility” means a commercial facility for the
                    interior cleaning of rail cars;

               (ccc) “raw gas” means a mixture

                         (i) that contains methane, and may also contain other
                             paraffinic hydrocarbons, nitrogen, carbon dioxide,
                             hydrogen sulphide, helium and minor impurities,

                        (ii) that is recovered or is recoverable at a well from an
                             underground reservoir, and

                       (iii) that is gaseous at the conditions under which its volume
                             is measured or estimated;

              (ddd) “red meat” means any meat other than poultry or fish or molluscs
                    or crustaceans;

               (eee) “rendering plant” means a plant that renders meat or animal or
                     poultry products with or without oil refining;

                (fff) “sewer” means any system of pipes, drains, pumping works,
                      equipment, structures and other things used for the collection,
                      transportation or disposal of storm drainage or wastewater, but
                      does not include any building drain, plumbing or building sewer;

              (ggg) “sludge” means the accumulated wet or dry solids that are
                    separated from wastewater during treatment, including the
                    precipitate resulting from the chemical or biological treatment of
                    wastewater;

              (hhh) “sour gas processing plant” means a plant that processes raw gas
                    and separates and removes sulphur compounds from the raw gas
                    stream;

                (iii) “storm drainage” means drainage, including industrial runoff,
                      resulting from precipitation;

                (jjj) “storm drainage collection system” means any system of sewers,
                      valves, fittings, pumping stations and appurtenances that is used
                      to collect storm drainage, up to and including the service
                      connection;

              (kkk) “sugar refinery” means a plant that receives sugar beets or other
                    naturally occurring plants and processes them into marketable
                    sugar products for human consumption and other by-products
                    that can be used for animal consumption;

                (lll) “sulphur manufacturing or processing plant” means a plant that
                      manufactures or processes compounds containing elemental
                      sulphur in quantities greater than 1.0 tonne per day;

             (mmm) “sulphur storage facility” means a facility that has a storage
                   capacity for sulphur of greater than 100 tonnes;

              (nnn) “sweet gas processing plant” means a plant that

                         (i) processes raw gas,

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ALTA. REG. 276/2003                                 ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                        (ii) does not separate any sulphur compounds from the raw
                             gas stream, and

                       (iii) releases industrial wastewater to the environment other
                             than by evaporation, by injection into an approved deep
                             well facility, or by directing the industrial wastewater to
                             a wastewater treatment plant;

              (ooo) “synthetic crude oil” means a mixture, mainly of pentanes and
                    heavier hydrocarbons, that may contain sulphur compounds, that
                    is derived from crude bitumen and that is liquid at the conditions
                    under which its volume is measured or estimated, and includes
                    all other hydrocarbon mixtures derived from crude bitumen;

              (ppp) “tannery” means any plant that receives more than 2000 animal
                    hides or skins per month and processes those hides into leather
                    or leather products;

              (qqq) “vegetable plant” means a plant that

                        (i) processes more than 7500 tonnes per year of vegetables
                            by slicing, cooking, dehydrating or freezing in
                            preparation for sale and distribution, and

                        (ii) releases industrial wastewater into the environment;

               (rrr) “wastewater” means domestic wastewater and may include
                     industrial wastewater;

               (sss) “wastewater collection system” means a system of sewers,
                     valves, fittings, pumping stations and appurtenances that is used
                     to collect wastewater, up to and including the service connection;

                (ttt) “wastewater lagoon” means a wastewater treatment plant that
                      consists of one or more designed and constructed surface
                      impoundments used for biological and physical treatment of
                      wastewater, but does not include such a plant where it uses
                      mechanical aeration;

              (uuu) “wastewater treatment plant” means any structure, thing or
                    process used for physical, chemical, biological or radiological
                    treatment of wastewater, and includes a structure, thing or
                    process used for

                        (i) wastewater storage,

                        (ii) treated wastewater use and disposal, and

                       (iii) sludge treatment, storage and disposal;

              (vvv) “wood processing plant” means a plant that produces

                        (i) lumber at an annual capacity greater than 20 million foot
                            board measures, or

                        (ii) plywood, oriented strand board, particle board or other
                             panel board products made from organic material at an
                             annual capacity greater than the equivalent of 30 million
                             square feet of 3/8 inch panel;

             (www) “wood treatment plant” means a plant that preserves or protects
                   wood or wood products through the use of wood treatment
                   chemicals.


                                                   - 927 -
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ALTA. REG. 276/2003                                  ENVIRONMENTAL PROTECTION AND ENHANCEMENT

             (3) The following definitions apply for the purposes of Division 3 of
             Schedule 1:

                 (a) “borrow excavation” means an excavation in the surface made
                     solely for the purpose of removing, opening up or proving
                     borrow material for

                         (i) the construction of the sub-base for a specific roadway
                             project, or

                        (ii) the construction of a dam, canal, dyke, structure or
                             erosion protection works associated with a provincial
                             water management infrastructure project

                      and includes any associated infrastructure connected with the
                      borrow excavation;

                 (b) “coal”, in addition to its ordinary meaning, includes
                     manufactured chars, cokes and any manufactured solid coal
                     product that is used or useful as a reductant or energy source or
                     for conversion into a reductant or energy source;

                 (c) “coal processing plant” means a coal processing plant as defined
                     in the Coal Conservation Act and any associated infrastructure
                     connected with the coal processing plant;

                 (d) “crude bitumen” means a naturally occurring viscous mixture,
                     mainly of hydrocarbons heavier than pentane, that may contain
                     sulphur compounds and that, in its naturally occurring viscous
                     state, will not flow to a well;

                 (e) “Green Area” means that part of Alberta shown outlined and
                     coloured green on the map annexed to

                         (i) Ministerial Order 71/85 dated May 7, 1985 and made
                             pursuant to the Public Lands Act, as that order is
                             amended from time to time, or

                        (ii) any order made in substitution for the order referred to in
                             subclause (i), as amended from time to time;

                 (f) “infrastructure” means any works, buildings, structures,
                     facilities, equipment, apparatus, mechanism, instrument or
                     machinery belonging to or used in connection with a mine, oil
                     production site, pipeline, quarry, pit, peat operation, coal
                     processing plant or transmission line, and includes any storage
                     site or facility, disposal site or facility, access road, haul road,
                     railway or telecommunication line;

                 (g) “oil production site” means the field production facilities for
                     recovering oil or oil sands by drilling or other in-situ methods,
                     including any injection or pumping facilities and any associated
                     infrastructure, where

                         (i) the site is located within the area illustrated in the Guide
                             For Oil Production Sites, published by the Department,
                             as amended or replaced from time to time, and

                        (ii) an environmental impact assessment report is required in
                             respect of the proposed activity or was required under the
                             Land Surface Conservation and Reclamation Act;

                 (h) “peat operation” means any opening or excavation in, or working
                     of, the surface or subsurface of the ground for the purpose of

                                                   - 928 -
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ALTA. REG. 276/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                      working, recovering, opening up or proving any peat or peaty
                      substance and in respect of which an environmental impact
                      assessment report is required, and includes any associated
                      infrastructure connected with the peat operation;

                 (i) “pipeline” means a pipeline as defined in the Act and any
                     infrastructure in connection with that pipeline, but does not
                     include the following:

                         (i) a pipeline or part of a pipeline located in a city, town,
                             specialized municipality, village, summer village, hamlet
                             or settlement area as defined in the Metis Settlements Act;

                        (ii) a pipeline or part of a pipeline located in a plant site at
                             which an activity that requires an approval under this
                             Regulation is carried on;

                       (iii) a pipeline with a length in kilometres times outside
                             diameter in millimetres resulting in an index number of
                             less than 2690;

                        (iv) a pipeline regulated pursuant to the National Energy
                             Board Act (Canada);

                        (v) a pipeline that is a rural gas utility as defined in the Gas
                            Protection Act;

                        (vi) a pipeline that is part of a waterworks system, wastewater
                             system or storm drainage system that has a length in
                             kilometres times outside diameter in millimetres resulting
                             in an index number of less than 2690;

                       (vii) a pipeline that is ploughed in;

                      (viii) a pipeline that is used solely for the purposes of an
                             agricultural operation and is located wholly on land that
                             is used for the purposes of an agricultural operation;

                        (ix) a pipeline that is abandoned in the ground;

                        (x) a pipeline located in the Green Area;

                 (j) “pit” means an opening or excavation in or working of the
                     surface or subsurface for the purpose of removing any sand,
                     gravel, clay or marl, where the area of the pit and any associated
                     infrastructure, including stockpiles, connected with the pit is
                     greater than or equal to 5 hectares (12.5 acres), but does not
                     include

                         (i) a mine, quarry or borrow excavation,

                        (ii) a pit on public land,

                       (iii) a pit, or a portion of a pit, where the surface or subsurface
                             of the land has not been disturbed by pit operations since
                             August 15, 1978, or

                        (iv) a pit, or a portion of a pit, on which a waste management
                             facility is operating or operated pursuant to a valid
                             approval or registration under the Act;

                (k) “public land” means land of the Crown in right of Alberta to
                    which the Public Lands Act applies;


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ALTA. REG. 276/2003                                  ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                 (l) “quarry” means an opening or excavation in, or working of, the
                     surface or subsurface for the purpose of working, recovering,
                     opening up or proving

                         (i) any mineral other than coal, a coal bearing substance, oil
                             sands or an oil sands bearing substance, or

                        (ii) ammonite shell,

                      and in respect of which an environmental impact assessment
                      report is required, and includes any associated infrastructure
                      connected with the quarry;

                (m) “transmission line” means a transmission line as defined in the
                    Act, and any infrastructure in connection with that transmission
                    line, with a voltage of 130 kilovolts or more and in respect of
                    which an environmental impact assessment report is required.

             (4) The following definitions apply for the purposes of Division 5 of
             Schedule 1:

                 (a) “hamlet” means an unincorporated community that has been
                     designated as a hamlet in accordance with the Municipal
                     Government Act;

                 (b) “high quality groundwater” means groundwater that

                         (i) does not require treatment to comply with the applicable
                             physical, chemical and radiological Maximum
                             Acceptable Concentration or Interim Maximum
                             Acceptable Concentration, except for fluoride, specified
                             in the Guidelines for Canadian Drinking Water Quality,
                             published by Health Canada, as amended or replaced
                             from time to time, for the parameters listed in the
                             Standards and Guidelines for Municipal Waterworks,
                             Wastewater and Storm Drainage Systems, published by
                             the Department, as amended or replaced from time to
                             time,

                        (ii) contains a concentration of naturally occurring fluoride
                             of less than or equal to 2.4 milligrams per litre, and

                       (iii) is not under the direct influence of surface water;

                 (c) “industrial development” means any development on the site of
                     a plant referred to in section 2 of the Schedule of Activities in the
                     Act;

                 (d) “municipal development” means a development that consists of
                     2 or more lots, but does not include a city, town, specialized
                     municipality, village, summer village, hamlet, settlement area as
                     defined in the Metis Settlements Act, privately owned
                     development or industrial development;

                 (e) “private utility” means a waterworks system that is owned and
                     operated by a person other than a local authority, municipal
                     development, industrial development or privately owned
                     development, but does not include a system that services only a
                     single family dwelling or a farmstead;

                 (f) “privately owned development” means a recreational
                     development, school, mobile home park, restaurant, motel,
                     community hall, work camp, holiday trailer park, campsite,
                     picnic site, information centre or other similar development,

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                          THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 276/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                        including such a development owned or operated by the
                        Government, that is on a parcel of land that is not subdivided, but
                        does not include

                           (i) a single family dwelling, or

                           (ii) a farmstead;

                    (g) “water treatment plant” means the physical components of the
                        waterworks system that are used to produce potable water, and
                        includes components associated with the management of any
                        wastes generated during treatment;

                    (h) “watering point” means a waterworks system that provides
                        potable water in bulk to the public;

                    (i) “waterworks system” means any system providing potable water
                        to a city, town, specialized municipality, village, summer village,
                        hamlet, settlement area as defined in the Metis Settlements Act,
                        municipal development, industrial development, privately owned
                        development or private utility, and includes any or all of the
                        following components:

                           (i) water wells connected to water supply lines, surface
                               water intakes or infiltration galleries that constitute the
                               water supply;

                           (ii) water supply lines;

                          (iii) on-stream and off-stream water storage facilities;

                          (iv) water pumphouses;

                           (v) water treatment plants;

                          (vi) potable water transmission mains;

                         (vii) potable water storage facilities;

                         (viii) potable water pumping facilities;

                          (ix) water distribution systems;

                           (x) watering points.

Definitions -   3(1) The following definitions apply for the purposes of Division 1 of
registration
activities      Schedule 2:

                    (a) “alternate fuel” means a liquid capable of being pumped that is
                        derived from waste that may contain, without limitation, any of
                        the following:

                           (i) oils that include automotive lubricating oil, compressor
                               oil, fuel oil, gear oil or hydraulic oil;

                           (ii) fuels that include diesel, naphtha, gasoline or kerosene;

                          (iii) condensate that contains less than 0.2 ppm of hydrogen
                                sulphide;

                          (iv) antifreeze;



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ALTA. REG. 276/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                        (v) glycols;

                       (vi) refined or synthetic based oil, fuel or alcohol;

                      (vii) non-halogenated solvents that contain less than 0.2 ppm
                            of hydrogen sulphide;

                      (viii) a mixture of the substances listed in subclauses (i) to
                             (vii);

                (b) “combustion unit” means an industrial furnace, a boiler or a
                    process heater;

                (c) “compost facility” means a waste management facility where
                    waste, not including hazardous waste, is decomposed through a
                    controlled bio-oxidation process that results in a stable
                    humus-like material, but does not include a residential composter
                    or a compost facility that receives only sludge as defined in the
                    Wastewater and Storm Drainage Regulation (AR 119/93);

                (d) “land treatment” means the controlled application of a substance
                    on the soil surface and incorporation of the substance into the
                    upper soil zone in such a manner that physical, chemical or
                    biological degradation of the substance takes place, but does not
                    include land treatment of sludge as defined in the Wastewater
                    and Storm Drainage Regulation (AR 119/93);

                (e) “landfill” means a waste management facility at which waste is
                    disposed of by placing it on or in land, but does not include a
                    land treatment facility, a surface impoundment, a salt cavern or
                    a disposal well;

                 (f) “petroleum based oil” means petroleum based oil that includes
                     polyalphaolefins and diesters synthetic oils, but does not include

                        (i) any other synthetic oils,

                        (ii) metal working oils,

                       (iii) fire resistant fluids,

                       (iv) brake fluids,

                        (v) emulsions of water and any other organic solvent,

                       (vi) halogenated compounds,

                      (vii) solvents containing greater than 0.2 ppm of hydrogen
                            sulphide, or

                      (viii) oil or fluid containing toxic substances;

                (g) “residential composter” means a composter that

                        (i) is located at a residence,

                        (ii) is used to decompose manure, food scraps or vegetative
                             matter resulting from gardening, horticulture, landscaping
                             or land clearing, and

                       (iii) uses a controlled bio-oxidation process that results in a
                             stable humus-like material;



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ALTA. REG. 276/2003                                 ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                 (h) “small incinerator” means a device that is used to destroy waste
                     by burning and includes

                         (i) a fixed incinerator that treats not more than 10 tonnes of
                             waste per month, and

                        (ii) a mobile incinerator that treats waste that contains

                            (A) halogenated organic compounds in an amount of not
                                more than 1000 milligrams per kilogram of waste,

                            (B) lead in an amount of not more than 100 milligrams
                                per kilogram of waste, or

                            (C) mercury in an amount of not more than 20
                                milligrams per kilogram of waste;

                 (i) “soil containing hydrocarbon” means soil that contains refined
                     petroleum hydrocarbon products that are used or could be used
                     as fuel or lubricants, but does not include soil that contains
                     benzene, toluene, ethyl benzene or xylene, or any combination
                     of any of them, as the sole contaminant;

                 (j) “space heater” means an oil fired heater used for heating the
                     interior of a structure;

                 (k) “surface impoundment” means a facility that consists of an
                     excavation or diked area that is formed primarily of earthen
                     materials and is used for the storage of hazardous waste;

                 (l) “used oil” means a petroleum based oil that has been used
                     primarily as lubricating oil in, without limitation, combustion
                     engines, turbines, transmissions, gear boxes and hydraulic
                     equipment.

             (2) The following definitions apply for the purposes of Division 2 of
             Schedule 2:

                 (a) “asphalt paving plant” means a plant that manufactures asphalt
                     through the mixing of aggregate and asphalt oil or recycled
                     asphalt material, but does not include hot in-place recycling
                     equipment;

                 (b) “compressor and pumping station” means a facility for the
                     movement of a fluid by means of compression and pumping of
                     the fluid and that has a total oxides of nitrogen emission rate of
                     greater than 16 kilograms per hour;

                 (c) “concrete producing plant” means a stationary plant that
                     manufactures concrete and has a designed production rate of at
                     least 120 tonnes of concrete per hour or 50 cubic meters of
                     concrete per hour;

                 (d) “domestic wastewater” means the wastewater that is the
                     composite of liquid and water-carried wastes associated with the
                     use of water for drinking, cooking, cleaning, washing, hygiene,
                     sanitation or other domestic purposes, together with any
                     infiltration and inflow wastewater, that is released into a
                     wastewater collection system;

                 (e) “foundry” means a plant that




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ALTA. REG. 276/2003                                ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                        (i) produces metal products through thermal melting and
                            casting or moulding of metals, including reclaimed
                            metals, and

                       (ii) has a nominal melting rate of not more than 5 tonnes per
                            hour of metal;

                 (f) “hydrologic tracing analysis study” means a study in which
                     dissolved or suspended material such as salts, radioisotopes or
                     fluorescent dyes are used to determine the path or rate of
                     movement and dispersion of a substance;

                (g) “hydrostatic testing” means hydrostatic testing of petroleum
                    liquid pipelines or gas pipelines;

                (h) “industrial development” means any development on the site of
                    a plant;

                 (i) “industrial runoff” means surface water resulting from
                     precipitation that falls on a plant;

                 (j) “industrial wastewater” means the composite of liquid wastes
                     and water-carried wastes, any portion of which results directly
                     from an industrial process carried on at a plant;

                (k) “municipal development” means any development that consists
                    of 2 or more lots, but does not include a city, town, specialized
                    municipality, village, summer village, hamlet, settlement area as
                    defined in the Metis Settlements Act, privately owned
                    development or industrial development;

                 (l) “plant” means all buildings, structures, process equipment,
                     pipelines, vessels, storage and material handling facilities,
                     roadways and other installations, used in and for any activity
                     listed in section 2 of the Schedule of Activities in the Act,
                     including the land, other than undeveloped land, that is used for
                     the purposes of the activity;

                (m) “private utility” means a wastewater system or storm drainage
                    system that is owned and operated by a person other than a local
                    authority, municipal development, industrial development or
                    privately owned development, but does not include a system that
                    services only a single family dwelling or a farmstead;

                (n) “privately owned development” means a recreational
                    development, school, mobile home park, restaurant, motel,
                    community hall, work camp, holiday trailer park, campsite,
                    picnic site, information centre or other similar development,
                    including such a development owned or operated by the
                    Government that is on a parcel of land that is not subdivided, but
                    does not include

                        (i) a single family dwelling, or

                       (ii) a farmstead;

                (o) “sewer” means any system of pipes, drains, pumping works,
                    equipment, structures and other things used for the collection,
                    transportation or disposal of storm drainage or wastewater, but
                    does not include any building drain, plumbing or building sewer;

                (p) “sludge” means the accumulated wet or dry solids that are
                    separated from wastewater during treatment, including the


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ALTA. REG. 276/2003                                  ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                      precipitate resulting from the chemical or biological treatment of
                      wastewater;

                 (q) “storm drainage” means drainage, including industrial runoff,
                     resulting from precipitation;

                 (r) “storm drainage collection system” means any system of sewers,
                     valves, fittings, pumping stations and appurtenances that is used
                     to collect storm drainage, up to and including the service
                     connection;

                 (s) “sweet gas processing plant” means a plant that processes raw
                     gas and

                         (i) does not separate any sulphur compounds from the raw
                             gas stream,

                        (ii) emits more than 16 kilograms per hour of oxides of
                             nitrogen, and

                        (iii) does not release industrial wastewater to the environment
                              other than by evaporation, by injection into an approved
                              deep well facility, or by directing the industrial
                              wastewater to a wastewater treatment plant;

                  (t) “tanker truck washing facility” means a commercial facility for
                      cleaning the interior of the tanks of tanker trucks;

                 (u) “wastewater” means domestic wastewater and may include
                     industrial wastewater;

                 (v) “wastewater collection system” means a system of sewers,
                     valves, fittings, pumping stations and appurtenances that is used
                     to collect wastewater, up to and including the service connection;

                (w) “wastewater lagoon” means a wastewater treatment plant that
                    consists of one or more designed and constructed surface
                    impoundments used for biological and physical treatment of
                    wastewater, but does not include such a plant where it uses
                    mechanical aeration;

                 (x) “wastewater treatment plant” means any structure, thing or
                     process used for physical, chemical, biological or radiological
                     treatment of wastewater, and includes a structure, thing or
                     process used for

                         (i) wastewater storage,

                        (ii) treated wastewater use and disposal, and

                        (iii) sludge treatment, storage and disposal.

             (3) In Division 3 of Schedule 2, “exploration operation” means any
             investigation, work or act to determine the presence of coal or oil sands
             by test drilling, excavation or other means that results in surface
             disturbance or that may cause an adverse effect, but excludes any
             exploration that is the subject of a permit, license or approval under the
             Exploration Regulation (AR 214/98).

             (4) The following definitions apply for the purposes of Division 5 of
             Schedule 2:




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ALTA. REG. 276/2003                                 ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                (a) “hamlet” means an unincorporated community that has been
                    designated as a hamlet in accordance with the Municipal
                    Government Act;

                (b) “high quality groundwater” means groundwater that

                        (i) does not require treatment to comply with the applicable
                            physical, chemical and radiological Maximum
                            Acceptable Concentration or Interim Maximum
                            Acceptable Concentration, except for fluoride, specified
                            in the Guidelines for Canadian Drinking Water Quality,
                            published by Health Canada, as amended or replaced
                            from time to time, for the parameters listed in the
                            Standards and Guidelines for Municipal Waterworks,
                            Wastewater and Storm Drainage Systems, published by
                            the Department, as amended or replaced from time to
                            time,

                        (ii) contains a concentration of naturally occurring fluoride
                             of less than or equal to 2.4 milligrams per litre, and

                       (iii) is not under the direct influence of surface water;

                (c) “industrial development” means any development on the site of
                    a plant referred to in section 2 of the Schedule of Activities in the
                    Act;

                (d) “municipal development” means a development that consists of
                    2 or more lots but does not include a city, town, specialized
                    municipality, village, summer village, hamlet, settlement area as
                    defined in the Metis Settlements Act, privately owned
                    development or industrial development;

                (e) “private utility” means a waterworks system that is owned and
                    operated by a person other than a local authority, municipal
                    development, industrial development or privately owned
                    development, but does not include a system that services only a
                    single family dwelling or a farmstead;

                 (f) “privately owned development” means a recreational
                     development, school, mobile home park, restaurant, motel,
                     community hall, work camp, holiday trailer park, campsite,
                     picnic site, information centre or other similar development,
                     including such a development owned or operated by the
                     Government, that is on a parcel of land that is not subdivided, but
                     does not include

                        (i) a single family dwelling, or

                        (ii) a farmstead;

                (g) “watering point” means a waterworks system that provides
                    potable water in bulk to the public;

                (h) “waterworks system” means any system providing potable water
                    to a city, town, specialized municipality, village, summer village,
                    hamlet, settlement area as defined in the Metis Settlements Act,
                    municipal development, industrial development, privately owned
                    development or private utility, and includes any or all of the
                    following components:

                        (i) water wells connected to water supply lines, surface
                            water intakes or infiltration galleries that constitute the
                            water supply;

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ALTA. REG. 276/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                           (ii) water supply lines;

                          (iii) on-stream and off-stream water storage facilities;

                           (iv) water pumphouses;

                           (v) water treatment plants;

                           (vi) potable water transmission mains;

                          (vii) potable water storage facilities;

                         (viii) potable water pumping facilities;

                           (ix) water distribution systems;

                           (x) watering points.

Definitions -   4 The following definitions apply for the purposes of Schedule 3:
notice
activities
                    (a) “Class II compost facility” means a waste management facility
                        where only vegetative matter or manure is decomposed through
                        a controlled bio-oxidation process that results in a stable
                        humus-like material, but does not include a residential composter
                        or a compost facility that receives only sludge as defined in the
                        Wastewater and Storm Drainage Regulation (AR 119/93);

                    (b) “residential composter” means a composter that

                            (i) is located at a residence,

                           (ii) is used to decompose manure, food scraps or vegetative
                                matter resulting from gardening, horticulture, landscaping
                                or land clearing, and

                          (iii) uses a controlled bio-oxidation process that results in a
                                stable humus-like material;

                    (c) “storage site” means a waste management facility where waste,
                        other than hazardous waste, is

                            (i) stored,

                           (ii) sorted, compacted, shredded, ground or processed, or

                          (iii) collected and held for removal to another waste
                                management facility.

Designation     5(1) The activities listed in Schedule 1 are designated as activities in
of activities
                respect of which an approval is required.

                (2) The activities listed in Schedule 2 are designated as activities in
                respect of which a registration is required.

                (3) The activities listed in Schedule 3 are designated as activities in
                respect of which notice to the Director under Part 3 of the Act must be
                given.

                (4) Notwithstanding subsections (1) to (3), an activity undertaken at an
                oilfield waste management facility as defined in section 2(1)(l) does not



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ALTA. REG. 276/2003                                      ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                 require an approval, a registration or the provision of notice under Part 3
                 of the Act.

Combined         6(1) Where an operation or undertaking consists of or includes more than
authorization
s                one activity listed in Schedule 1, the applicant may submit one or more
                 applications to the Director relating to those activities and the Director
                 may issue one or more approvals authorizing those activities.

                 (2) Where an operation or undertaking consists of or includes more than
                 one activity listed in Schedule 2, the applicant may submit one or more
                 applications to the Director relating to those activities and the Director
                 may issue one or more registrations authorizing those activities.

                 (3) Where an operation or undertaking consists of or includes

                     (a) at least one activity listed in Schedule 1, and

                     (b) at least one activity listed in Schedule 2,

                 the applicant may submit one or more applications to the Director relating
                 to those activities and the Director may issue one or more approvals
                 authorizing those activities.

Notice           7 A notice for the purposes of Part 3 of the Act must be in a form
                 acceptable to the Director and must contain the following information:

                     (a) name and address of the person responsible for the activity;

                     (b) location and description of the activity;

                     (c) proposed dates for construction commencement, construction
                         completion and commencement of operation of the activity;

                     (d) any other information required by the Director in respect of the
                         activity.

Transitional -   8 A deemed approval that was continued under section 4 of the Activities
approvals
                 Designation Regulation (AR 110/93) and section 8 of the Activities
                 Designation Regulation (AR 211/96) expires

                     (a) in the case of an approval referred to in section 4(14) of the
                         Activities Designation Regulation (AR 110/93), in accordance
                         with section 243(6) of the Environmental Protection and
                         Enhancement Act, SA 1992 cE-13.3, or

                     (b) in any other case, on the date on which the licence, permit or
                         approval would have expired had the Activities Designation
                         Regulation (AR 110/93) not been made.

Transitional -   9(1) Where before the coming into force of the Activities Designation
permits
                 Regulation (AR 211/96) a person held a permit to operate that was issued
                 under the Public Health Act and was in respect of

                     (a) an activity listed in Schedule 1, Division 1 of this Regulation,
                         that permit is deemed to be an approval for the purposes of the
                         Act, or




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ALTA. REG. 276/2003                                        ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                     (b) an activity listed in Schedule 2, Division 1 of this Regulation,
                         that permit is deemed to be a registration for the purposes of the
                         Act.

                 (2) Unless cancelled sooner, a deemed approval under subsection (1)(a)
                 expires

                     (a) on the expiry date specified in the permit, if the permit contained
                         an expiry date and the expiry date was on or before September
                         12, 2006, or

                     (b) on September 12, 2006, if the permit contained no expiry date or
                         the expiry date was after September 12, 2006.

Transitional -   10(1) A permit to operate that is referred to in section 243.1 of the
waste
management       Environmental Protection and Enhancement Act, SA 1992 cE-13.3 and
                 that was in respect of

                     (a) an activity listed in Schedule 1, Division 1 of this Regulation is
                         deemed to be an approval for the purposes of the Environmental
                         Protection and Enhancement Act, RSA 2000 cE-12, or

                     (b) an activity listed in Schedule 2, Division 1 of this Regulation is
                         deemed to be a registration for the purposes of the
                         Environmental Protection and Enhancement Act, RSA 2000
                         cE-12.

                 (2) Unless cancelled sooner, a deemed approval under subsection (1)(a)
                 expires

                     (a) on the expiry date specified in the permit, if the permit contained
                         an expiry date and the expiry date was on or before September
                         12, 2006, or

                     (b) on September 12, 2006, if the permit contained no expiry date or
                         the expiry date was after September 12, 2006.

Transitional -   11(1) Where before the coming into force of the Activities Designation
Schedule 2,
Division 2       Regulation (AR 211/96) a person held an approval that was in respect of
activities       an activity listed in clause (a), (b) or (c) of Division 2 of Schedule 2 of
                 this Regulation,

                     (a) that approval is deemed to be a registration for the purposes of
                         the Act,

                     (b) the holder of that approval must apply under the Act for a
                         registration in respect of that activity within the time prescribed
                         by the Director, and

                     (c) the approval expires on the date on which it would have expired
                         had the Activities Designation Regulation (AR 211/96) not come
                         into force, unless it is sooner cancelled or is replaced by a
                         registration obtained pursuant to subsection (2).

                 (2) Where before the coming into force of this Regulation a person held
                 an approval that was in respect of an activity listed in clause (d), (e) or (f)
                 of Division 2 of Schedule 2 of this Regulation,

                     (a) that approval is deemed to be a registration for the purposes of
                         the Act, and



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ALTA. REG. 276/2003                                     ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                     (b) the deemed registration has no expiry date.



Transitional -   12 Where before the coming into force of the Activities Designation
Schedule 2,
Division 4       Regulation (AR 211/96) a person held an approval that was in respect of
activities       an activity listed in Schedule 2, Division 4 of this Regulation, that
                 approval

                     (a) is deemed to be a registration for the purposes of the Act, and

                     (b) expires on the date on which it would have expired had the
                         Activities Designation Regulation (AR 211/96) not come into
                         force, unless it is sooner cancelled.

Transitional -   13 Where before the coming into force of the Activities Designation
Schedule 3
activities       Regulation (AR 211/96) a person held a permit to operate that was issued
                 under the Public Health Act and was in respect of an activity listed in
                 Schedule 3 of this Regulation, that permit is deemed to be notice for the
                 purposes of the Act.

Repeal           14 The Activities Designation Regulation (AR 211/96) is repealed.

Review           15 In compliance with the ongoing regulatory review initiative, this
                 Regulation must be reviewed on or before September 30, 2011 and not
                 less frequently than every 10 years after that date.

Coming into      16 This Regulation comes into force on October 1, 2003.
force


                                              Schedule 1

                                             Division 1
                                         Waste Management

                     (a) the construction, operation or reclamation of a fixed facility
                         where more than 10 tonnes per month of waste is treated by
                         physical, chemical, thermal or biological processes, but does not
                         include

                             (i) an analytical laboratory, or

                            (ii) a facility that engages in research;

                     (b) the operation of a mobile incinerator that treats waste that
                         contains

                             (i) more than 1000 mg of halogenated organic compounds
                                 per kilogram of waste,

                            (ii) more than 100 mg of lead per kilogram of waste, or

                           (iii) more than 10 mg of mercury per kilogram of waste;

                     (c) the construction, operation or reclamation of a facility for the
                         collection and blending of hydrocarbons and organics to produce
                         fuel that is derived from waste where more than 10 tonnes of
                         waste per month is used for those purposes;


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ALTA. REG. 276/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                (d) the construction, operation or reclamation of a facility where
                    more than 10 tonnes per month of fuel that is derived from waste
                    is burned in a combustion unit or a space heater, if the fuel is
                    from a source other than a facility described in clause (c);

                (e) the construction, operation or reclamation of a facility that is
                    engaged in the storage of hazardous recyclables and at which

                          (i) a hazardous recyclable is stored for a continuous period
                              of more than 365 days, or

                          (ii) more than 10 tonnes of hazardous recyclables is stored at
                               any one time;

                 (f) the construction, operation or reclamation of a facility that is
                     engaged in the storage of hazardous waste and at which

                          (i) a hazardous waste is stored for a continuous period of
                              more than 365 days, or

                          (ii) more than 10 tonnes of hazardous waste is stored at any
                               one time;

                (g) notwithstanding clause (f), the construction, operation or
                    reclamation of a facility where hazardous waste is stored and
                    some or all of the hazardous waste is produced by a person other
                    than the owner of the facility;

                (h) the construction, operation or reclamation of a fixed facility for
                    processing hazardous recyclables, except a facility for processing

                          (i) spent process and lube oil filters for volume reduction
                              and liquid removal by compaction or draining, or

                          (ii) hazardous recyclables in an amount of less than 10 tonnes
                               per month;

                 (i) the construction, operation or reclamation of a landfill where

                          (i) hazardous waste is disposed of,

                          (ii) more than 10 000 tonnes per year of waste is disposed of,
                               or

                         (iii) the landfill is located in a ravine, gully or coulee or over
                               a buried valley;

                 (j) the construction, operation or reclamation of a facility for
                     cleaning empty containers where the nominal capacity of the
                     facility is greater than 10 000 litres per day of combined
                     container volume;

                (k) the burning of prohibited debris by means of an open fire;

                 (l) the construction, operation or reclamation of a compost facility
                     that accepts more than 20 000 tonnes of waste per year for
                     composting.

                      NOTE: The exemption provided in clause (a) in respect of a
                      facility that engages in research does not apply to the facility's
                      carrying out of a technology demonstration to determine the
                      suitability of a waste treatment process prior to its commercial
                      application if


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ALTA. REG. 276/2003                                  ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                        (a) the technology used in the treatment process has not
                            been used in Alberta before,

                        (b) the operating period, excluding construction, set-up
                            time and decommissioning but including down time,
                            exceeds 3 months, or

                        (c) the total amount of waste that is processed during the
                            operating period exceeds 500 tonnes.


                                          Division 2
                                      Substance Release

             Part 1: Agriculture

                 (a) the construction, operation or reclamation of a forage drying
                     facility;

             Part 2: Chemical

                 (b) the construction, operation or reclamation of

                         (i) a chemical manufacturing plant;

                        (ii) a chemical storage facility;

                       (iii) a sulphur manufacturing or processing plant;

                       (iv) a sulphur storage facility;

                        (v) a fertilizer manufacturing plant;

                       (vi) a fertilizer storage facility;

                       (vii) an explosives manufacturing plant;

                      (viii) a pesticide manufacturing plant;

                       (ix) a petrochemical manufacturing plant;

                        (x) a coke or carbon manufacturing plant;

                       (xi) a brine processing plant;

             Part 3: Construction

                 (c) the construction, operation or reclamation of

                         (i) a building products manufacturing plant;

                        (ii) an insulation manufacturing plant;

                       (iii) a cement plant;

             Part 4: Food or Animal By-Products

                 (d) the construction, operation or reclamation of

                         (i) a rendering plant;

                        (ii) a meat plant;



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ALTA. REG. 276/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                         (iii) a tannery;

                         (iv) a sugar refinery;

                         (v) a vegetable plant;

                         (vi) a distillery;

                        (vii) an oil seed processing plant;

                       (viii) a malting plant;

                         (ix) a milk products plant;

             Part 5: Metals

                 (e) the construction, operation or reclamation of

                          (i) an electroplating plant;

                         (ii) a foundry;

                         (iii) a lead smelter;

                         (iv) a metal manufacturing plant;

                         (v) an iron and steel mill;

             Part 6: Mineral Processing

                 (f) the construction, operation or reclamation of

                          (i) a glass manufacturing plant;

                         (ii) a lime plant;

             Part 7: Wastewater

                 (g) the construction, operation or reclamation of a wastewater
                     system that uses a wastewater treatment plant other than a
                     wastewater lagoon, and

                          (i) that

                              (A) serves a city, town, specialized municipality, village,
                                  summer village, hamlet, settlement area as defined in
                                  the Metis Settlements Act, industrial development,
                                  municipal development or privately owned
                                  development,

                              (B) is owned by a regional services commission, or

                              (C) is a private utility, and

                         (ii) that

                              (A) discharges wastewater off the site of the
                                  development, or

                              (B) is designed to treat more than 25 cubic metres of
                                  wastewater per day;

                      NOTE: Clause (g) does not apply to


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                        THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 276/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                          (i) the extension of the wastewater collection system
                              forming part of a wastewater system,

                         (ii) replacement of a portion of the wastewater collection
                              system forming part of a wastewater system,

                         (iii) irrigation using treated wastewater from a
                               wastewater system, or

                         (iv) application of sludge from a wastewater system to
                              land,

                      where the wastewater system is approved or registered under
                      the Act.

             Part 8: Oil and Gas

                 (h) the construction, operation or reclamation of

                          (i) an oil refinery;

                         (ii) an oil sands processing plant;

                         (iii) an enhanced recovery in-situ oil sands or heavy oil
                               processing plant;

                         (iv) a sour gas processing plant;

                         (v) a sweet gas processing plant;

                         (vi) a bulk petroleum storage facility;

                        (vii) a brine storage pond;

             Part 9: Power Plants

                 (i) the construction, operation or reclamation of a power plant;

             Part 10: Services

                 (j) the operation of a rail car washing facility;

                 (k) hydrostatic testing;

                 (l) in-situ surface water treatment;

             Part 11: Wood Products

                (m) the construction, operation or reclamation of

                          (i) a wood processing plant;

                         (ii) a wood treatment plant;

                         (iii) a pulp and paper manufacturing plant;

                         (iv) a pulp manufacturing plant;

             Part 12: Biotechnology

                 (n) the construction, operation or reclamation of a biotechnology
                     products manufacturing plant;



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ALTA. REG. 276/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

             Part 13: Manufacturing

                 (o) the construction, operation or reclamation of an electrical and
                     electronic components plant.


                                        Division 3
                               Conservation and Reclamation

                 (a) the construction, operation or reclamation of a mine;

                 (b) the construction, operation or reclamation of an oil production
                     site;

                 (c) the construction or reclamation of a pipeline;

                 (d) the construction, operation or reclamation of a transmission line;

                 (e) the construction, operation or reclamation of a quarry;

                 (f) the construction, operation or reclamation of a peat operation;

                 (g) the construction, operation or reclamation of a coal processing
                     plant;

                 (h) the construction, operation or reclamation of a pit.


                                           Division 4
                                         Miscellaneous

                 (a) subject to the Pesticide (Ministerial) Regulation (AR 127/93),
                     the application of pesticides in, on or within 30 horizontal metres
                     of an open body of water.


                                           Division 5
                                         Potable Water

                 (a) the construction, operation or reclamation of a waterworks
                     system

                          (i) that

                             (A) serves a city, town, specialized municipality, village,
                                 summer village, hamlet, settlement area as defined in
                                 the Metis Settlements Act, industrial development,
                                 municipal development or privately owned
                                 development,

                             (B) is a private utility or a watering point, or

                             (C) is owned by a regional services commission, and

                         (ii) that uses as the source of its water supply

                             (A) surface water, or

                             (B) groundwater other than high quality groundwater.

                      NOTE: Clause (a) does not apply to




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ALTA. REG. 276/2003                                  ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                          (i) the extension of the water distribution system forming
                              part of a waterworks system;

                         (ii) replacement of a portion of the water distribution
                              system forming part of a waterworks system, or

                         (iii) the addition or modification of treated water storage,
                               forming part of a waterworks system,

                      where the waterworks system is approved or registered under
                      the Act.


                                           Schedule 2

                                          Division 1
                                      Waste Management

                (a) the construction, operation or reclamation of a facility where
                    land treatment of waste is carried out;

                (b) the construction, operation or reclamation of a small incinerator;

                (c) the construction, operation or reclamation of a landfill where not
                    more than 10 000 tonnes per year of waste is disposed;

                (d) the construction, operation or reclamation of a facility where
                    alternate fuel is burned in a combustion unit or where used oil is
                    burned in a space heater;

                (e) the construction, operation or reclamation of a compost facility
                    that accepts not more than 20 000 tonnes of waste per year for
                    composting;

                 (f) the construction, operation or reclamation of a fixed facility for
                     the land treatment of soil containing hydrocarbon.


                                          Division 2
                                      Substance Release

                (a) the construction, operation or reclamation of

                          (i) an asphalt paving plant;

                         (ii) a compressor and pumping station;

                         (iii) a concrete producing plant;

                         (iv) a foundry;

                         (v) a sweet gas processing plant;

                         (vi) a tanker truck washing facility;

                (b) hydrologic tracing analysis;

                (c) hydrostatic testing;

                (d) the construction, operation or reclamation of a wastewater
                    system that uses a wastewater lagoon as the wastewater treatment
                    plant, and



                                                   - 946 -
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ALTA. REG. 276/2003                                  ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                          (i) that

                             (A) serves a city, town, specialized municipality, village,
                                 summer village, hamlet, settlement area as defined in
                                 the Metis Settlements Act, industrial development,
                                 municipal development or privately owned
                                 development,

                             (B) is owned by a regional services commission, or

                             (C) is a private utility, and

                         (ii) that

                             (A) discharges wastewater off the site of the
                                 development, or

                             (B) is designed to treat more than 25 cubic metres of
                                 wastewater per day;

                (e) the construction, operation or reclamation of a wastewater
                    collection system,

                          (i) that

                             (A) serves a city, town, specialized municipality, village,
                                 summer village, hamlet, settlement area as defined in
                                 the Metis Settlements Act, industrial development,
                                 municipal development or privately owned
                                 development,

                             (B) is owned by a regional services commission, or

                             (C) is a private utility, and

                         (ii) that discharges into a wastewater system that holds a
                              current approval or registration under the Act;

                 (f) the construction, operation or reclamation of a storm drainage
                     system for storm drainage in a city, town, specialized
                     municipality, village, summer village, hamlet, settlement area as
                     defined in the Metis Settlements Act, municipal development or
                     privately owned development, but does not include a storm
                     drainage system that collects, stores or disposes of storm
                     drainage solely from agricultural land or land on which farms are
                     located.

                      NOTE: Clauses (d), (e) and (f) do not apply to

                          (i) the extension of a storm drainage collection system
                              forming part of a wastewater system,

                         (ii) the replacement of a portion of a storm drainage
                              collection system forming part of a wastewater
                              system,

                         (iii) the extension of a wastewater collection system
                               forming part of a wastewater system,

                         (iv) the replacement of a portion of a wastewater
                              collection system forming part of a wastewater
                              system,



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ALTA. REG. 276/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                         (v) the addition or modification of a storm drainage
                             treatment facility forming part of a wastewater
                             system,

                         (vi) irrigation using treated wastewater from a
                              wastewater system, or

                        (vii) application of sludge from a wastewater system to
                              land,

                      where the wastewater system is approved or registered under
                      the Act.


                                         Division 3
                                Conservation and Reclamation

                (a) the conduct of an exploration operation.


                                            Division 4
                                            Pesticides

                (a) subject to the Pesticide (Ministerial) Regulation (AR 127/93),

                          (i) storing or selling pesticides listed in Schedules 1, 2 or 3
                              of the Pesticide (Ministerial) Regulation (AR 127/93) as
                              a wholesale vendor;

                         (ii) selling pesticides listed in Schedules 1 or 2 of the
                              Pesticide (Ministerial) Regulation (AR 127/93) as a retail
                              vendor;

                         (iii) offering a pesticide service involving the use and
                               application of pesticides listed in Schedules 1, 2 or 3 of
                               the Pesticide (Ministerial) Regulation (AR 127/93).


                                            Division 5
                                          Potable Water

                (a) the construction, operation or reclamation of a waterworks
                    system

                          (i) that

                             (A) serves a city, town, specialized municipality, village,
                                 summer village or settlement area as defined in the
                                 Metis Settlements Act,

                             (B) is a private utility, or

                             (C) is owned by a regional services commission, and

                         (ii) that uses high quality groundwater as the source of its
                              water supply;

                (b) the construction, operation or reclamation of a waterworks
                    system

                          (i) that




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                         THE ALBERTA GAZETTE, PART II, SEPTEMBER 15, 2003


ALTA. REG. 276/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                             (A) serves a city, town, specialized municipality, village,
                                 summer village or settlement area as defined in the
                                 Metis Settlements Act,

                              (B) is a private utility, or

                              (C) is owned by a regional services commission, and

                         (ii) that consists solely of a water distribution system that
                              uses as the source of its water supply potable water from
                              a waterworks system that holds a current approval or
                              registration under the Act;

                (c) the construction, operation or reclamation of a waterworks
                    system

                          (i) that serves a hamlet or a municipal development,

                         (ii) that uses high quality groundwater as the source of its
                              water supply, and

                         (iii) that has

                             (A) 15 or more service connections, or

                              (B) 3 or more kilometres of water distribution system;

                (d) the construction, operation or reclamation of a waterworks
                    system

                          (i) that serves a hamlet or a municipal development,

                         (ii) that consists solely of a water distribution system that
                              uses as the source of its water supply potable water from
                              a waterworks system that holds a current approval or
                              registration under the Act, and

                         (iii) that has

                             (A) 15 or more service connections, or

                              (B) 3 or more kilometres of water distribution system.

                      NOTE: Clauses (a), (b), (c) and (d) do not apply to

                          (i) the extension of the water distribution system forming
                              part of a waterworks system,

                         (ii) replacement of a portion of the water distribution
                              system forming part of a waterworks system, or

                         (iii) the addition or modification of treated water storage
                               in a waterworks system,

                      where the waterworks system is approved or registered under
                      the Act.


                                             Schedule 3

                (a) the construction, operation or reclamation of a Class II compost
                    facility;



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ALTA. REG. 277/2003                                      ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                     (b) the construction, operation or reclamation of a storage site.


                                             ------------------------------
                                         Alberta Regulation 277/2003

                             Environmental Protection and Enhancement Act

                                      POTABLE WATER REGULATION

                                                                                              Filed: August 25, 2003

Made by the Minister of Environment (M.O. 49/2003) on August 20, 2003 pursuant to sections 85 and 153 of the
Environmental Protection and Enhancement Act.

                                            Table of Contents

                 Interpretation                                                           1
                 Duty to comply with Regulation                                           2
                 Water treatment requirements                                             3
                 Design standards                                                         4
                 Extension, replacement or modification                                   5
                 Potable water quality                                                    6
                 Performance standards                                                    7
                 Addition of treatment chemicals                                          8
                 Operation and maintenance requirements                                   9
                 Conservation and responsible use                                        10
                 Malfunction reports                                                     11
                 Fluoridation                                                            12
                 Prohibitions re: waterworks system                                      13
                 Certified operator required                                             14
                 Certification of operators                                              15
                 Returns and reports                                                     16
                 Sampling                                                                17
                 Repeal                                                                  18
                 Review                                                                  19
                 Coming into force                                                       20

Interpretation   1(1) In this Regulation and, in the case of the definitions referred to in
                 clauses (g), (h), (k) and (l), for the purposes of the Act,

                     (a) “Act” means the Environmental Protection and Enhancement
                         Act;

                     (b) “approved laboratory” means a laboratory approved by the
                         Director;

                     (c) “certified operator” means a person who holds a valid certificate
                         of qualification of the appropriate level issued under section 15;

                     (d) “Director” means the person designated by Ministerial Order as
                         Director for the purposes of this Regulation;

                     (e) “hamlet” means an unincorporated community that has been
                         designated as a hamlet in accordance with the Municipal
                         Government Act;

                     (f) “high quality groundwater” means groundwater that

                             (i) does not require treatment to comply with the applicable
                                 physical, chemical and radiological Maximum


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ALTA. REG. 277/2003                                 ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                            Acceptable Concentration or Interim Maximum
                            Acceptable Concentration, except for fluoride, specified
                            in the Guidelines for Canadian Drinking Water Quality,
                            published by Health Canada, as amended or replaced
                            from time to time, for the parameters listed in the
                            Standards and Guidelines for Municipal Waterworks,
                            Wastewater and Storm Drainage Systems, published by
                            the Department, as amended or replaced from time to
                            time,

                       (ii) contains a concentration of naturally occurring fluoride
                            of less than or equal to 2.4 milligrams per litre, and

                      (iii) is not under the direct influence of surface water;

                (g) “industrial development” means any development on the site of
                    a plant referred to in section 2 of the Schedule of Activities in the
                    Act;

                (h) “municipal development” means a development that consists of
                    2 or more lots but does not include a city, town, specialized
                    municipality, village, summer village, settlement as defined in
                    the Metis Settlements Act, hamlet, privately owned development
                    or industrial development;

                 (i) “owner” with respect to a waterworks system means

                        (i) the local authority of a city, town, specialized
                            municipality, village, summer village or settlement as
                            defined in the Metis Settlements Act in which the
                            waterworks system is located;

                       (ii) for a hamlet,

                           (A) a cooperative, as defined in the Cooperatives Act,
                               formed by the individual lot owners served by the
                               hamlet’s waterworks system, or

                            (B) if no cooperative exists, the local authority of the
                                municipal district, improvement district, specialized
                                municipality or special area in which the hamlet’s
                                waterworks system is located;

                      (iii) for a municipal development,

                           (A) the local authority of the municipal district,
                               improvement district, specialized municipality or
                               special area in which the municipal development’s
                               waterworks system is located,

                            (B) the owner of a private utility, or

                            (C) where neither (A) nor (B) applies, the collection of
                                individual lot owners located in a municipal
                                development that is served by the waterworks
                                system;

                       (iv) for a privately owned development, the owner of the
                            privately owned development;

                       (v) for a waterworks system owned by a regional services
                           commission, the regional services commission that owns
                           the waterworks system;


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ALTA. REG. 277/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                       (vi) for a waterworks system that is a private utility, the
                            owner of the private utility;

                       (vii) for an industrial development, the owner of the industrial
                             development in which the waterworks system is located;

                      (viii) for a waterworks system that is a watering point, the
                             owner of the watering point;

                 (j) “person responsible for a waterworks system” means

                         (i) the owner of the waterworks system,

                        (ii) the operator of the waterworks system,

                       (iii) the local authority that contracts to obtain potable water
                             from the waterworks system,

                       (iv) the local authority that grants a franchise for the supply
                            of potable water by the waterworks system,

                        (v) the approval holder or registration holder, as the case may
                            be, for the waterworks system,

                       (vi) any successor, assignee, executor or administrator,
                            receiver, receiver-manager or trustee of a person referred
                            to in subclause (i), (ii), (iii), (iv) or (v), and

                       (vii) any person who acts as the principal or agent of a person
                             referred to in subclause (i), (ii), (iii), (iv), (v) or (vi);

                (k) “privately owned development” means a recreational
                    development, school, mobile home park, restaurant, motel,
                    community hall, work camp, holiday trailer park, campsite,
                    picnic site, information centre or other similar development,
                    including such a development owned or operated by the
                    Government, that is on a parcel of land that is not subdivided, but
                    does not include

                         (i) a single family dwelling, or

                        (ii) a farmstead;

                 (l) “private utility” means a waterworks system that is owned and
                     operated by a person other than a person referred to in clause
                     (i)(i), (ii), (iii)(A) and (C), (iv), (v), (vii) and (viii), but does not
                     include a waterworks system that services only a single family
                     dwelling or a farmstead;

                (m) “professional engineer” means a professional engineer or
                    registered professional technologist (engineering) under the
                    Engineering, Geological and Geophysical Professions Act;

                (n) “service connection” means the potable water service line from
                    a water distribution main to the property being serviced, but for
                    the purposes of section 5, means the potable water service line
                    from a water distribution main to a building;

                (o) “water distribution system” means a system of pipes, valves,
                    fittings and appurtenances, including associated pressure
                    reducing stations, that is used to convey potable water in a
                    waterworks system to a service connection;



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ALTA. REG. 277/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                   (p) “water treatment plant” means the physical components of the
                       waterworks system that are used to produce potable water
                       including components associated with the management of any
                       wastes generated during treatment;

                   (q) “watering point” means a waterworks system that provides
                       potable water in bulk to the public.

               (2) This Regulation only applies to waterworks systems referred to in
               Schedule 1, Division 5 and Schedule 2, Division 5 of the Activities
               Designation Regulation, including additions, replacements, extensions
               and modifications referred to in the Notes in those Divisions.

Duty to        2 Except where this Regulation provides otherwise, a person responsible
comply with
Regulation     for a waterworks system shall comply with this Regulation.

Water          3 A waterworks system must be
treatment
requirements
                   (a) designed,

                   (b) operated, and

                   (c) maintained

               to achieve under all normal and foreseeable operating conditions all water
               quality requirements specified in this Regulation, an approval or the
               applicable code of practice.

Design         4(1) A waterworks system must be designed so that it meets as a
standards
               minimum

                   (a) the standards and design requirements set out in the Standards
                       and Guidelines for Municipal Waterworks, Wastewater and
                       Storm Drainage Systems, published by the Department, as
                       amended or replaced from time to time, or

                   (b) any other standards and design requirements specified by the
                       Director.

               (2) The design of a waterworks system or a portion of a waterworks
               system must be stamped and signed by the professional engineer who
               designed the system or portion of the system.

               (3) Where

                   (a) a waterworks system is operating on the date this Regulation
                       comes into force and does not meet the standards and design
                       requirements referred to in subsection (1)(a), or

                   (b) a waterworks system does not meet a change made to the
                       standards and design requirements referred to in subsection
                       (1)(a) made after the date this Regulation comes into force,

               subsection (1)(a) does not apply to the waterworks system until the date
               specified by the Director in a notice in writing given to a person
               responsible for the waterworks system.

               (4) A person who receives a notice under subsection (3) shall comply
               with the notice in accordance with its terms.


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ALTA. REG. 277/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT


Extension,     5(1) Prior to commencing
replacement
or
modification       (a) an extension of a water distribution system,

                   (b) a replacement of a portion of a water distribution system, or

                   (c) a modification of potable water storage,

               the registration holder or approval holder, as the case may be, shall inform
               the Director in writing of the intent to undertake the extension,
               replacement or modification.

               (2) The information referred to in subsection (1) must contain at least the
               following, where applicable:

                   (a) the registration or approval number for the waterworks system as
                       issued under the Act;

                   (b) the location of the proposed extension, replacement or
                       modification;

                   (c) written confirmation, stamped and signed by a professional
                       engineer, that the increased water flow associated with the
                       extension is within the design capacity of the existing water
                       distribution system;

                   (d) written confirmation, stamped and signed by a professional
                       engineer, that the increased water demand associated with the
                       extension is within the design capacity of the authorized
                       waterworks system providing potable water to the water
                       distribution system;

                   (e) any other information required by the Director.

               (3) No person shall commence

                   (a) the extension of a water distribution system,

                   (b) the replacement of a portion of a water distribution system, or

                   (c) the modification of potable water storage,

               where

                   (d) the waterworks system design does not comply with the design
                       standards set out in the Standards and Guidelines for Municipal
                       Waterworks, Wastewater and Storm Drainage Systems,
                       published by the Department, as amended or replaced from time
                       to time, or

                   (e) the water distribution system will service a portion of a city,
                       town, specialized municipality, village, summer village,
                       settlement area as defined in the Metis Settlements Act, hamlet,
                       privately owned development, municipal development or
                       industrial development that is not serviced by a wastewater
                       system in respect of which a current approval or registration has
                       been issued under the Act,

               unless that person has obtained written authorization of the Director.

               (4) On request, the registration holder or approval holder, as the case may
               be, shall immediately provide to the Director or inspector any engineering


                                                      - 954 -
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ALTA. REG. 277/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                drawings, specifications or other information regarding any aspect of the
                extension of a water distribution system, the replacement of a portion of
                a water distribution system or the modification of potable water storage.

Potable water   6(1) The physical, microbiological, chemical and radiological
quality
                characteristics of the potable water in a waterworks system must be
                maintained to meet as a minimum

                    (a) the applicable Maximum Acceptable Concentration or Interim
                        Maximum Acceptable Concentration specified in the Guidelines
                        for Canadian Drinking Water Quality, published by Health
                        Canada, as amended or replaced from time to time, for the
                        parameters listed in the Standards and Guidelines for Municipal
                        Waterworks, Wastewater and Storm Drainage Systems,
                        published by the Department, as amended or replaced from time
                        to time, and

                    (b) any additional or other limits established by the Director in an
                        approval or a code of practice.

                (2) Where

                    (a) a waterworks system is operating on the date this Regulation
                        comes into force and does not meet the limits referred to in
                        subsection (1)(a), or

                    (b) a waterworks system does not meet a change made to the limits
                        referred to in subsection (1)(a) made after the date this
                        Regulation comes into force,

                subsection (1)(a) does not apply to the waterworks system until the date
                specified by the Director in a notice in writing given to a person
                responsible for the waterworks system.

                (3) A person who receives a notice under subsection (2) shall comply
                with the notice in accordance with its terms.

Performance     7(1) A waterworks system must meet at least the minimum waterworks
standards
                performance standards set out in the Standards and Guidelines for
                Municipal Waterworks, Wastewater and Storm Drainage Systems,
                published by the Department, as amended or replaced from time to time.

                (2) Where

                    (a) a waterworks system is operating on the date this Regulation
                        comes into force and does not meet the standards referred to in
                        subsection (1), or

                    (b) a waterworks system does not meet a change made to the
                        standards referred to in subsection (1) made after the date this
                        Regulation comes into force,

                subsection (1) does not apply to the waterworks system until the date
                specified by the Director in a notice in writing given to a person
                responsible for the waterworks system.

                (3) A person who receives a notice under subsection (2) shall comply
                with the notice in accordance with its terms.




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ALTA. REG. 277/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

Addition of    8 No person shall use or permit the use of a chemical for the treatment
treatment
chemicals      of water unless

                   (a) the chemical is listed as a direct or indirect additive in Standard
                       60 or Standard 61, published by the National Standards Institute
                       and National Sanitation Foundation (ANSI/NSF), as amended or
                       replaced from time to time,

                   (b) the chemical is listed in the approval, or

                   (c) the person has obtained written authorization of the Director for
                       use of the chemical.

Operation      9(1) The equipment and controls for
and
maintenance
requirements       (a) filtration,

                   (b) disinfection, and

                   (c) all other required treatment

               in a waterworks system must be operated in a manner that achieves the
               potable water quality required by this Regulation, an approval or a code
               of practice.

               (2) In order to ensure continuous operation at a water treatment plant,

                   (a) spare parts that are required to maintain the equipment used for
                       disinfection of water or that are critical components of the
                       waterworks system must be reasonably available, or

                   (b) a back up water treatment system must be installed and
                       maintained in operating condition.

Conservation   10 A waterworks system must be designed and operated so as to
and
responsible    conserve and ensure the responsible use of water.
use

Malfunction    11 Any failure or shut-down of the equipment used for disinfection must
reports
               be reported immediately

                   (a) to the Director, and

                   (b) to the appropriate Regional Health Authority.

Fluoridation   12 Where fluoride is added to a waterworks system, the

                   (a) application of fluoride,

                   (b) monitoring of fluoride,

                   (c) reporting of fluoride,

                   (d) design of the fluoridation equipment, and

                   (e) operation of the fluoridation equipment

               must be in accordance with the requirements specified in the Standards
               and Guidelines for Municipal Waterworks, Wastewater and Storm


                                                      - 956 -
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ALTA. REG. 277/2003                                      ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                Drainage Systems, published by the Department, as amended or replaced
                from time to time.

Prohibitions    13(1) Subject to section 8 or except where permitted by an approval, no
re:
waterworks      person shall use or permit the use of any chemical or any commercial
system          product in circumstances such that the chemical or commercial product
                may come into contact with water in any part of a waterworks system.

                (2) No person shall cause or permit any connection in a waterworks
                system that allows a substance that may cause an adverse effect to enter
                into the waterworks system.

Certified       14(1) At all times, the operation of the
operator
required
                    (a) water treatment plant, and

                    (b) water distribution system

                in a waterworks system must be performed by, or under the direction of,
                a person who holds a valid certificate of qualification at the applicable
                level as set out in an approval or the applicable code of practice.

                (2) A person responsible for a waterworks system shall at no time permit
                the number of certified operators available to operate or direct the
                operation of the water treatment plant or water distribution system to fall
                below the applicable number as set out in an approval or the applicable
                code of practice.

                (3) A person responsible for a waterworks system shall notify the
                Director in writing

                    (a) forthwith of the names of all certified operators referred to in this
                        section, and

                    (b) within 30 days of any change of certified operators referred to in
                        this section.

Certification   15(1) The Director may issue the following kinds of certificate of
of operators
                qualification:

                    (a) water treatment operator certificate of qualification;

                    (b) water distribution operator certificate of qualification

                at any level described in the Water and Wastewater Operator’s
                Certification Guidelines, published by the Department, as amended or
                replaced from time to time, to persons who meet the requirements of
                subsection (2).

                (2) An applicant for any level of certificate of qualification referred to in
                subsection (1) must

                    (a) apply to the Director on a form acceptable to the Director,

                    (b) meet the qualification requirements as set out in the guidelines
                        referred to in subsection (1) for that level of certificate of
                        qualification, and

                    (c) be at least 18 years of age.


                                                       - 957 -
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ALTA. REG. 277/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

              (3) An applicant for renewal of any level of certificate of qualification
              referred to in subsection (1) must meet the qualifications for renewal set
              out in, and make the application in accordance with, the guidelines
              referred to in subsection (1).

Returns and   16(1) A person responsible for a waterworks system shall submit returns
reports
              and reports respecting the construction, operation or reclamation of the
              system

                  (a) as required in an approval or the applicable code of practice, or

                  (b) as required by the Director, by a notice in writing.

              (2) A person who receives a notice under subsection (1)(b) shall comply
              with the notice in accordance with its terms.

Sampling      17(1) A person responsible for a waterworks system shall

                  (a) obtain water samples, and

                  (b) submit the samples for physical, microbiological, radiological or
                      chemical analysis by an approved laboratory,

              in accordance with an approval, the applicable code of practice or a notice
              in writing from the Director.

              (2) With respect to any sample required to be taken pursuant to this
              Regulation, an approval, the applicable code of practice or a notice in
              writing from the Director,

                  (a) sample collection,

                  (b) sample preservation,

                  (c) sample storage,

                  (d) sample handling, and

                  (e) sample analysis

              must be conducted in accordance with

                  (f) the Standard Methods for the Examination of Water and
                      Wastewater, published by the American Public Health
                      Association, the American Waterworks Association and the
                      Water Environment Federation, as amended or replaced from
                      time to time,

                  (g) the Methods Manual for Chemical Analysis of Water and Wastes,
                      published by the Alberta Research Council, as amended or
                      replaced from time to time, or

                  (h) a method authorized in writing by the Director;

              (3) Unless the Director specifies otherwise in an approval, the minimum
              number of water samples to be obtained for analysis of bacteriological
              quality must be

                  (a) obtained in accordance with the Guidelines for Canadian
                      Drinking Water Quality, published by Health Canada, as
                      amended or replaced from time to time, and


                                                    - 958 -
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ALTA. REG. 277/2003                                  ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                  (b) evenly distributed through the sampling period.

              (4) Where, in the Director’s opinion, a sample or analysis is
              unsatisfactory, the Director may require a person responsible for a
              waterworks system

                  (a) to resubmit the same sample for analysis or reanalyze the same
                      sample,

                  (b) to take and analyze additional samples, or

                  (c) to take and analyze samples at a greater frequency.

              (5) A person responsible for a waterworks system shall comply

                  (a) with a notice under this section in accordance with its terms, and

                  (b) with the Director’s requirements under subsection (4).

Repeal        18 The Potable Water Regulation (AR 122/93) is repealed.

Review        19 In compliance with the ongoing regulatory review initiative, this
              Regulation must be reviewed on or before September 30, 2011 and not
              less frequently than every 10 years after that date.

Coming into   20 This Regulation comes into force on October 1, 2003.
force


                                         ------------------------------
                                      Alberta Regulation 278/2003

                         Environmental Protection and Enhancement Act

                      WASTEWATER AND STORM DRAINAGE (MINISTERIAL)
                               AMENDMENT REGULATION

                                                                                           Filed: August 25, 2003

Made by the Minister of Environment (M.O. 50/2003) on August 20, 2003 pursuant to section 85 of the
Environmental Protection and Enhancement Act.

              1   The Wastewater and Storm Drainage (Ministerial)
              Regulation (AR 120/93) is amended by this Regulation.


              2 Section 1(1) is amended
                 (a) by repealing clause (a);

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

                       (b.1) “approved sampling and analytical method” means

                              (i) sample collection,

                             (ii) sample preservation,

                            (iii) sample storage,


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ALTA. REG. 278/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                              (iv) sample handling, and

                               (v) sample analysis

                               that are conducted in accordance with

                              (vi) the latest edition of Standard Methods for the
                                   Examination of Water and Wastewater, published by
                                   the American Public Health Association, American
                                   Waterworks Association and the Water Environment
                                   Federation,

                             (vii) the latest edition of Methods Manual for Chemical
                                   Analysis of Water and Wastes, published by the
                                   Alberta Research Council, or

                            (viii) a method authorized in writing by the Director;

                  (c) in clause (c) by striking out “section 2” and
                      substituting “section 3”.


              3   Section 2 is repealed and the following is substituted:
Certified             2(1) At all times, the operation of the wastewater treatment plant
operators
required              or wastewater collection system in a wastewater system must be
                      performed by, or under the direction of, a person who holds a valid
                      certificate at the applicable level as set out in an approval or the
                      applicable code of practice.

                      (2) The person responsible for the wastewater system shall at no
                      time permit the number of certified operators available to perform
                      or direct the operation of the wastewater treatment plant or
                      wastewater collection system to fall below the applicable number
                      as set out in an approval or the applicable code of practice.

                      (3) The person responsible for the wastewater system shall notify
                      the Director in writing

                          (a) forthwith, of the names of all certified operators referred
                              to in this section, and

                          (b) within 30 days after any change of certified operators
                              referred to in this section.


              4   Section 4 is repealed and the following is substituted:
Returns and           4(1) The person responsible for a wastewater system or storm
reports
                      drainage system shall submit returns and reports respecting the
                      construction, operation or reclamation of the system

                          (a) as required in this Regulation, an approval or the
                              applicable code of practice, or

                          (b) as required by the Director, by a notice in writing.

                      (2) A person who receives a notice under subsection (1)(b) shall
                      comply with it in accordance with its terms.


              5   Section 5 is repealed and the following is substituted:


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ALTA. REG. 278/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

Sampling              5(1) The person responsible for a wastewater system or storm
requirements
                      drainage system shall

                          (a) obtain samples,

                          (b) submit the samples for physical, microbiological,
                              radiological or chemical analysis by an approved
                              laboratory, and

                          (c) submit the analytical results

                      in accordance with an approval, the applicable code of practice or
                      a notice in writing from the Director.

                      (2) The person responsible for a wastewater system or storm
                      drainage system shall ensure that any monitoring required
                      pursuant to

                          (a) this Regulation,

                          (b) an approval,

                          (c) the applicable code of practice, or

                          (d) a notice in writing from the Director

                      is conducted in accordance with an approved sampling and
                      analytical method.

                      (3) Notwithstanding any other requirement under this Regulation,
                      an approval or the applicable code of practice, the Director may,
                      by notice in writing, require the person responsible for a
                      wastewater system or storm drainage system to

                          (a) obtain additional samples,

                          (b) analyze the samples, and

                          (c) report the results of the analyses.

                      (4) Where, in the Director’s opinion, a sample or analysis is
                      unsatisfactory, the Director may by notice in writing require the
                      person responsible for a wastewater system or storm drainage
                      system to

                          (a) resubmit the same water sample for analysis or reanalyze
                              the same sample,

                          (b) take and analyze additional samples, or

                          (c) take and analyze samples at a greater frequency.

                      (5) The person responsible for a wastewater system or storm
                      drainage system who receives a notice under subsection (3) or (4)
                      shall comply with it in accordance with its terms.


               6   This Regulation comes into force on October 1, 2003.




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ALTA. REG. 279/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT



                                           ------------------------------
                                       Alberta Regulation 279/2003

                          Environmental Protection and Enhancement Act

                      PESTICIDE (MINISTERIAL) AMENDMENT REGULATION

                                                                                              Filed: August 25, 2003

Made by the Minister of Environment (M.O. 51/2003) on August 20, 2003 pursuant to sections 85 and 165 of the
Environmental Protection and Enhancement Act.

               1  The Pesticide (Ministerial) Regulation (AR 43/97) is
               amended by this Regulation.


               2   Section 1(1)(a) is repealed and the following is
               substituted:

                   (a) “cultivated land” means land that has been cleared, improved and
                       prepared to raise agricultural crops or livestock, and includes
                       pastures, improved rangeland and areas that have been
                       landscaped for managed turf and ornamental plantings;


               3 Section 3(2) is amended
                   (a) in clause (a) by striking out “or where the use or
                       application of pesticides takes place as part of the exchange of
                       agricultural production services among commercial
                       agriculturalists”;

                   (b) in clause (b) by adding “who has purchased the pesticides”
                       after “for acreage or hobby greenhouse use”.


               4     Section 4(1)(b) is amended by adding “or have
               qualifications” after “examination”.


               5 Section 7 is amended
                   (a) in subsection (1)(a) by adding “listed in Schedule 1, 2 or
                       3” after “use or application of a pesticide”;

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

                      (3) Subsection (1)(a) does not apply in respect of a person who
                      advertises a service that is offered by another person and that other
                      person holds the required pesticide service registration.


               6 Section 8 is amended
                   (a) in subsection (1)(c) by adding “corresponding to the
                       classes of pesticide applicator certificates listed in Schedule 5
                       that” after “nature of the service”;




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ALTA. REG. 279/2003                                    ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                (b) in subsection (2) by striking out “or” at the end of
                    clause (b) and by adding the following after clause
                    (c):

                          (d) the applicant does not employ applicators with the
                              appropriate class of certificate for the pesticide service
                              that is offered or provided by the applicant, or

                          (e) the applicant does not have insurance coverage in
                              accordance with the latest edition of the Environmental
                              Code of Practice for Pesticides published by the
                              Department.

                      (3) A pesticide service registration is automatically cancelled
                      when the pesticide service registration holder

                          (a) does not employ applicators with the appropriate class of
                              certificate for the pesticide service that is offered or
                              provided by the pesticide service registration holder, or

                          (b) does not maintain insurance in accordance with the latest
                              edition of the Environmental Code of Practice for
                              Pesticides published by the Department.


             7 Section 14 is amended
                (a) in subsection (1) by adding “or a retail vendor
                    registration” after “a wholesale vendor registration”;

                (b) by adding the following after subsection (1):

                      (1.1) A person who sells at wholesale a pesticide listed in
                      Schedule 1 or 2 is deemed to hold a wholesale vendor registration
                      if the person holds an Agrichemical Warehousing Standards
                      Association Certificate of Compliance issued by the Agrichemical
                      Warehousing Standards Association.

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

                      (3) A person who sells at retail a pesticide listed in Schedule 1 or
                      2 is deemed to hold a retail vendor registration if the person holds
                      an Agrichemical Warehousing Standards Association Certificate
                      of Compliance issued by the Agrichemical Warehousing
                      Standards Association.


             8 The following is added after section 14:
Dispenser             14.1(1) No person shall sell at retail a pesticide listed in Schedule
required
                      1, 2 or 3 unless the person is or employs a dispenser.

                      (2) A retail vendor registration is automatically cancelled when
                      the holder of the registration does not employ a dispenser.


             9 Section 16 is amended by striking out “or” at the end of
             clause (a) and by adding the following after clause (b):

                (c) a storage facility listed in the application is not certified by the
                    Agrichemical Warehousing Standards Association, or



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ALTA. REG. 279/2003                                   ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                (d) the outlet locations where the applicant will sell pesticides at
                    retail do not employ a dispenser.


             10 Section 17(1)(d) is amended by striking out “or” at the
             end of subclause (ii) and by adding the following after
             subclause (ii):

                (iii) is a person to whom section 14(1.1) or (3) applies, the
                      appropriate Certificate of Compliance number, or


             11 Section 18 is amended
                (a) by renumbering it as section 18(1);

                (b) by striking out “and” at the end of subsection (1)(c)
                    and by adding the following after subsection
                    (1)(c):

                        (c.1) the qualifications of the purchaser to purchase the
                              pesticide, and

                (c) in subsection (1)(d) by repealing subclauses (iii)
                    and (v), by striking out “or” at the end of subclause
                    (iv) and by adding the following after subclause
                    (iv):

                          (v) is a commercial agriculturalist, the purchaser’s legal land
                              description, the Canadian Wheat Board number, the
                              Alberta Farm Fuel Benefit number or other information
                              that would verify that the purchaser is a commercial
                              agriculturalist, or

                         (vi) is an acreage owner or hobby greenhouse owner
                              purchasing a Schedule 2 pesticide in accordance with
                              section 20 of the Pesticide Sales, Handling, Use and
                              Application Regulation (AR 24/97), a rural land location
                              or other identification that would verify that the
                              purchaser is an acreage owner or hobby greenhouse
                              owner.

                (d) by adding the following after subsection (1):

                      (2) Where a pesticide is available for purchase only by a
                      commercial agriculturalist who has successfully completed
                      training recognized by the Director in the use and application of
                      pesticides in accordance with section 13 of the Pesticide Sales,
                      Handling, Use and Application Regulation (AR 24/97), the record
                      must verify that the purchaser has completed the recognized
                      training.


             12 The following is added after section 23:
                                              Review
Review                24 In compliance with the ongoing regulatory review initiative,
                      this Regulation must be reviewed on or before July 31, 2008 and
                      not less frequently than every 5 years after that date.


             13 Schedule 1, section 1 is amended

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ALTA. REG. 279/2003                                 ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                  (a) in clause (c) by striking out the following:

                      DNB DINOSEB

                  (b) in clause (d) by striking out the following:

                      AMC AMINOCARB
                      FOM FORMENTATE HYDROCHLORIDE
                      SFL SODIUM FLUORIDE

                  (c) by repealing clause (f).


             14   Schedule 2, section 3 is amended by striking out the
             following:

                      PMA PHENYLMERCURIC ACETATE
                      SID SIDURON


             15 Schedule 4, section 1 is amended
                  (a) in subsection (1)(a) by adding “DFL DIFETHALION”
                      after “CPD 3-CHLORO-1,2-PROPANEDIOL”:

                  (b) in subsection (1)(e) by striking out “dilutent” and
                      substituting “diluent”;

                  (c) by repealing subsection (2)(d) and substituting the
                      following:

                      (d) algaecide (ALG)    all      all D formulations
                                                      all C and R formulations of
                                                      copper for use in wholly
                                                      contained bodies of water on
                                                      private land, including farm, fire
                                                      and fish ponds, dugouts,
                                                      industrial ponds and ponds used
                                                      in connection with municipal
                                                      water treatment

                  (d) by repealing subsection (2)(m)(iii) in COLUMN III
                      and substituting the following:

                       (iii) all D formulations of RTU insect baits and insect
                             bait-stations

                  (e) by adding the following after subsection (2)(m)(xi)
                      in COLUMNS II and III:

                       (xii) all   all D and C formulations for use on domestic pets

                  (f) by adding “DFL,” after “CPD,” in subsection (2)(s)(ii)
                      in Column II;

                  (g) by adding the following after subsection (2)(u):

                      (u.1) water soluble dye          all              all D, C and R
                                                                          formulations


             16    Schedule 5 is repealed and the follow ing is
             substituted:

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ALTA. REG. 279/2003                                  ENVIRONMENTAL PROTECTION AND ENHANCEMENT

                                          SCHEDULE 5

                       Classes of Pesticide Applicator Certificates

             1 Aerial: This class includes the use of pesticides applied by aircraft.


             2 Agriculture: This class includes the use of pesticides by ground
             application for livestock and agricultural crops.


             3 Aquatic Vegetation: This class includes the use of herbicides by
             ground application for the control of aquatic weeds in water bodies as
             defined in the Water Act.


             4 Forestry: This class includes the use of pesticides by ground
             application in forest management operations or silviculture, forest seed
             orchards, outdoor nurseries and plantations.


             5 Fumigation: This class includes the use of all fumigants within
             enclosed structures or the use of fumigant gases under sheets or tarps.


             6 Greenhouse: This class includes the use of pesticides in greenhouses
             and mushroom houses during the storage, display or production of
             agricultural crops, including vegetables, ornamentals and mushrooms, as
             well as forest tree seedlings.


             7 Industrial: This class includes the use of herbicides by ground
             application for controlling weeds on industrial areas including roadsides,
             power lines, pipelines, rights of way, easements, railways, petroleum well
             sites and equipment yards.

             In addition, this class includes herbicide applications to parking lots and
             landscaped areas surrounding industrial facilities for the control of
             designated noxious or restricted weeds.


             8 Landscape: This class includes the use of pesticides (other than
             fumigants) by ground application for the maintenance of ornamental trees,
             shrubs, flowers and turf on outdoor residential, commercial (e.g., golf
             courses and cemeteries), recreational and public land.

             In addition, this class includes herbicide applications to parking lots and
             roads for the control of designated noxious or restricted weeds within
             urban areas, but does not include herbicide applications for brush control.


             9 Biting Flies: This class includes the use of insecticides into water or
             on land, by ground application only, for the control of mosquitoes and
             other biting flies.


             10 Structural: This class includes the use of pesticides for the prevention
             or control of pests that impact a structure or its inhabitants.


             11 Special: This class includes the application of a pesticide for a
             specific use not covered by other classes, including but not limited to, the
             following:


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ALTA. REG. 280/2003                                                                                        WATER

                        - seed,
                        - interior plantscapes,
                        - plant roots in sewer systems, and
                        - vertebrate toxicants.


               12 Restricted: This class includes the application of pesticides restricted
               to a limited number of activities within one of the classes of certificates
               listed.


                                           ------------------------------
                                       Alberta Regulation 280/2003

                                                   Water Act

                         WATER (MINISTERIAL) AMENDMENT REGULATION

                                                                                             Filed: August 25, 2003

Made by the Minister of Environment (M.O. 52/2003) on August 20, 2003 pursuant to section 169(2) of the Water
Act.

               1  The Water (Ministerial) Regulation (AR 205/98) is
               amended by this Regulation.


               2 Section 1(1) is amended
                   (a) by repealing clause (p) and substituting the
                       following:

                           (p) “Green Area” means that part of Alberta shown outlined
                               and coloured green on the map annexed to

                                (i) Ministerial Order 71/85 dated May 7, 1985 and made
                                    pursuant to section 10 of the Public Lands Act
                                    (RSA 1980 cP-30), as that order is amended from
                                    time to time, or

                               (ii) any order made in substitution for the order referred
                                    to in subclause (i), as amended from time to time;

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

                         (t.1) “outfall structure” means a pipe or structure in, on, under
                               or adjacent to a water body that is constructed for the
                               discharge of

                                (i) precipitation that has fallen and been collected, or

                               (ii) liquid and water-carried wastes

                               to a water body, and includes any associated structure
                               that is required for the installation, maintenance or
                               protection of the outfall structure;


               3   Section 3 is repealed and the following is substituted:




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ALTA. REG. 280/2003                                                                           WATER

Approval              3(1) The placing, constructing, installing, maintaining, replacing
exemptions
subject to            or removing of a pipeline crossing or telecommunication line
Code                  crossing is designated as an activity that does not require an
                      approval, but the activity must be

                          (a) commenced,

                          (b) continued, and

                          (c) carried out

                      in accordance with the Code of Practice for Pipelines and
                      Telecommunication Lines Crossing a Water Body, published by
                      the Department and dated December 1, 1999, as amended or
                      replaced from time to time.

                      (2) The Code of Practice for Pipelines and Telecommunication
                      Lines Crossing a Water Body referred to in subsection (1) is
                      adopted and forms part of this Regulation.

                      (3) The placing, constructing, installing, maintaining, replacing
                      or removing of a watercourse crossing is designated as an activity
                      that does not require an approval, but the activity must be

                          (a) commenced,

                          (b) continued, and

                          (c) carried out

                      in accordance with the Code of Practice for Watercourse
                      Crossings, published by the Department and dated December 1,
                      1999, as amended or replaced from time to time.

                      (4) The Code of Practice for Watercourse Crossings referred to
                      in subsection (3) is adopted and forms part of this Regulation.

                      (5) The placing, constructing, installing, maintaining, replacing
                      or removing of an outfall structure that discharges to a water body,
                      as defined in the Code of Practice for Outfall Structures on Water
                      Bodies, published by the Department and as amended or replaced
                      from time to time, is designated as an activity that does not require
                      an approval, but the activity must be

                          (a) commenced,

                          (b) continued, and

                          (c) carried out

                      in accordance with the Code of Practice for Outfall Structures on
                      Water Bodies.

                      (6) The Code of Practice for Outfall Structures on Water Bodies
                      referred to in subsection (5) is adopted and forms part of this
                      Regulation.


             4    Schedule 3 is amended in section 1 by adding the
             following after clause (h):

                 (i) a diversion of water for the purposes of pesticide application in
                     accordance with section 8(4) of the Pesticide Sales, Handling,
                     Use and Application Regulation (AR 24/97).

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                                       Alberta Regulation 281/2003

                                    Public Sector Pension Plans Act

                     PUBLIC SERVICE PENSION PLAN (CONTRIBUTION RATE
                            INCREASE) AMENDMENT REGULATION

                                                                                           Filed: August 29, 2003

Made by the Public Service Pension Board on August 28, 2003 pursuant to Schedule 2, section 5(2) of the Public
Sector Pension Plans Act.

               1 The Public Service Pension Plan (AR 368/93) is amended
               by this Regulation.


               2 Section 13 is amended
                   (a) in subsection (1) by striking out “percentage rate of his
                       pensionable salary set for employees by the Board’s plan rules
                       under section 5(2) of the Act Schedule” and substituting
                       the following:

                       rate, based on pensionable salary or any portion of the
                       participant’s pensionable salary

                          (a) that does not exceed the year’s maximum pensionable
                              earnings, of 6.17%, and

                          (b) that does exceed those earnings, of 8.81%.

                   (b) by adding the following after subsection (1):

                      (1.1) For the purpose of implementing subsection (1), the amount
                      of the contributions for current service based on pensionable
                      salary up to the year’s maximum pensionable earnings shall be
                      determined by reference to the salary periods in the year, and for
                      any salary period shall be based on the year’s maximum
                      pensionable earnings divided by the number of salary periods in
                      the year.


               3 Section 15 is amended
                   (a) in subsection (1) by striking out “percentage rate of the
                       participant’s pensionable salary set for employers by the Board’s
                       plan rules under section 5(2) of the Act Schedule” and
                       substituting the following:

                       rate, based on pensionable salary or any portion of the
                       participant’s pensionable salary

                          (a) that does not exceed the year’s maximum pensionable
                              earnings, of 6.17%, and

                          (b) that does exceed those earnings, of 8.81%.

                   (b) by adding the following after subsection (1):

                      (1.1) For the purpose of implementing subsection (1), the amount
                      of the contributions for current service based on pensionable
                      salary up to the year’s maximum pensionable earnings shall be
                      determined by reference to the salary periods in the year, and for
                      any salary period shall be based on the year’s maximum


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ALTA. REG. 281/2003                                                       PUBLIC SECTOR PENSION PLANS

                      pensionable earnings divided by the number of salary periods in
                      the year.


               4 Section 113 is repealed.

               5   This Regulation comes into force on September 1,
               2003.


                                         ------------------------------
                                      Alberta Regulation 282/2003

                                Marketing of Agricultural Products Act

                             ALBERTA MILK PLAN MINIMUM PRICE FOR
                                  SUB-CLASS 1A MILK ORDER

                                                                                         Filed: August 29, 2003

Made by the Alberta Energy and Utilities Board on August 28, 2003 pursuant to section 5(4) of the Alberta Milk
Plan Regulation (AR 150/2002).

               1 The minimum milk price for sub-class 1a milk to be paid by processors
               for a hectolitre of sub-class 1a milk is $72.05.


               2 The Alberta Milk Plan Minimum Price for Sub-class 1a Milk Order
               (AR 218/2003) is repealed.


               3 This Order comes into force on September 16, 2003.




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