Alberta Regulation 163/99 Apprenticeship and Industry Training Act MILLWRIGHT TRADE AMENDMENT REGULATION Filed: August 16, 1999 Made by the Alberta Apprenticeship and Industry Training Board pursuant to section 33(2) of the Apprenticeship and Industry Training Act. 1 The Millwright Trade Regulation (AR 289/93) is amended by this Regulation. 2 Section 4(a) is repealed and the following is substituted: (a) the completion of an Alberta grade 11 education with a final passing mark in Mathematics 20 or 23 or equivalent, or 3(1) The Schedule is amended by this section. (2) Section 1 is amended by striking out millwright equipment and substituting millwright equipment and machinery. (3) Section 2 is amended by striking out millwright equipment wherever it occurs and substituting millwright equipment and machinery. (4) Section 3 is amended (a) in clauses (a), (b), (c), (d) and (h) by striking out millwright equipment and substituting millwright equipment and machinery ; (b) in clause (g) (i) by striking out grinding and substituting milling ; (ii) by striking out millwright equipment and substituting millwright equipment and machinery ; (c) by adding the following after clause (h): (i) heating and cutting with oxy-acetylene equipment; (j) tack welding with electric arc welding equipment; (k) disconnecting, removing and installing electric motors, but does include the electrical hookup of electrical motors. - 724 -
Alberta Regulation 164/99 Apprenticeship and Industry Training Act ROOFER TRADE AMENDMENT REGULATION Filed: August 16, 1999 Made by the Alberta Apprenticeship and Industry Training Board pursuant to section 33(2) of the Apprenticeship and Industry Training Act. 1 The Roofer Trade Regulation (AR 290/93) is amended by this Regulation. 2 Section 5 is amended (a) in subsection (1) by striking out 3 periods and substituting 4 periods ; (b) by adding the following after subsection (4): (5) In the 4th period of the apprenticeship program an apprentice must acquire not less than 1600 hours of on the job training. 3 Section 7(2) is amended by repealing clause (c) and substituting the following: (c) 85% in the 3rd period of the apprenticeship program; (d) 90% in the 4th period of the apprenticeship program. 4 A person who is an apprentice in the trade under the Roofer Trade Regulation (AR 290/93) at the time that this Regulation comes into force may complete the apprenticeship program in accordance with the Roofer Trade Regulation (AR 290/93) as it read immediately before the coming into force of this Regulation. 5 This Regulation comes into force on September 1, 1999. - 725 -
Alberta Regulation 165/99 Apprenticeship and Industry Training Act SAWFILER TRADE AMENDMENT REGULATION Filed: August 16, 1999 Made by the Alberta Apprenticeship and Industry Training Board pursuant to section 33(2) of the Apprenticeship and Industry Training Act. 1 The Sawfiler Trade Regulation (AR 316/94) is amended by this Regulation. 2 Section 4(a) is repealed and the following is substituted: (a) the completion of an Alberta grade 10 education with a final pass mark in Mathematics 10 or 13 and English 10 or 13 or equivalent, or ------------------------------ Alberta Regulation 166/99 Apprenticeship and Industry Training Act SHEET METAL WORKER TRADE AMENDMENT REGULATION Filed: August 16, 1999 Made by the Alberta Apprenticeship and Industry Training Board pursuant to section 33(2) of the Apprenticeship and Industry Training Act. 1 The Sheet Metal Worker Trade Regulation (AR 199/95) is amended by this Regulation. 2 Section 4(a) is amended by striking out 10, 13 and substituting 20. - 726 -
Alberta Regulation 167/99 Apprenticeship and Industry Training Act TRANSPORT REFRIGERATION MECHANIC TRADE AMENDMENT REGULATION Filed: August 16, 1999 Made by the Alberta Apprenticeship and Industry Training Board pursuant to section 33(2) of the Apprenticeship and Industry Training Act. 1 The Transport Refrigeration Mechanic Trade Regulation (AR 134/94) is amended by this Regulation. 2 The title to the Regulation is amended by striking out MECHANIC and substituting TECHNICIAN. 3 Section 1(c) is amended by adding and that is known under this Regulation as the trade of Transport Refrigeration Technician after Apprenticeship and Industry Training Act. 4 Section 5(1) is amended by striking out 12 months and substituting 14 months. ------------------------------ Alberta Regulation 168/99 Safety Codes Act EXEMPTION AMENDMENT REGULATION Filed: August 16, 1999 Made by the Minister of Municipal Affairs (M.O. SS: 003/99) pursuant to section 2(2) of the Safety Codes Act. 1 The Exemption Regulation (AR 199/96) is amended by this Regulation. 2 Section 4 is amended (a) by striking out Article 4.3.18.3 of the Alberta Fire Code, 1992 and substituting Article 4.3.17.3. of the Alberta Fire Code, 1997 wherever it occurs; (b) by striking out before August 31, 1998 and substituting before August 31, 1999 ; - 727 -
ALTA. REG. 168/99 SAFETY CODES (c) by striking out to August 31, 1999 and substituting to August 31, 2000. ------------------------------ Alberta Regulation 169/99 Electric Utilities Act BALANCING POOL REGULATION Filed: August 18, 1999 Made by the Minister of Resource Development (M.O. 28/99) pursuant to section 45.97 of the Electric Utilities Act. Table of Contents Interpretation 1 Duties of Council 2 Authority of balancing pool administrator 3 Administrative powers and duties 4 Non-administrative power and duties 5 Amounts to be paid into balancing pool 6 Amounts to be paid out of balancing pool 7 Investments 8 Prudent investment standards 9 Statements and reports relating to balancing pool 10 Liability of balancing pool limited 11 Winding-up of balancing pool 12 No change in law 13 Paramountcy 14 Expiry 15 Interpretation 1(1) In this Regulation, (a) Act means the Electric Utilities Act; (b) arrangement means (i) a power purchase arrangement approved or varied by the Board under section 45.91 of the Act, (ii) a financial instrument referred to in section 45.94(2) of the Act, or (iii) a financial settlement referred to in section 45.94(3) of the Act; - 728 -
ALTA. REG. 169/99 ELECTRIC UTILITIES (c) balancing pool administrator means the person or persons appointed under section 2(1)(c); (d) balancing pool charge means a financial obligation of the balancing pool that is levied by the balancing pool administrator against customers for the purpose of satisfying the current or future obligations of the balancing pool; (e) balancing pool credit means an amount disbursed from the balancing pool by the balancing pool administrator for ultimate distribution to customers; (f) Council means the Power Pool Council; (g) derivatives, in respect of a power purchase arrangement that applies to a generating unit listed in Part 1 of the Schedule to the Act, means partial financial rights, interests and obligations derived from the power purchase arrangement, where the underlying commodity is electricity or electricity services, but does not include a transfer of the power purchase arrangement in whole or in part to the buyer of the derivative; (h) extraordinary event means (i) an event in respect of which an arrangement provides for a payment into or out of the balancing pool, or (ii) an event that results in the termination of an arrangement in accordance with its terms and conditions and in the balancing pool administrator becoming a party to the arrangement; (i) Minister means the Minister of Resource Development; (j) party, in respect of an arrangement, means (i) the owner of the generating unit to which the arrangement applies, (ii) the purchaser, where the power purchase arrangement is sold at an auction referred to in section 45.93 of the Act, (iii) the balancing pool administrator, where the arrangement is held by the balancing pool administrator in the capacity of purchaser pursuant to the Power Purchase Arrangements Regulation (AR 170/99) or another regulation made under the Act, or (iv) a successor to the person referred to in subclause (i), (ii) or (iii); (k) regulations means this Regulation and any other regulation made under the Act; - 729 -
ALTA. REG. 169/99 ELECTRIC UTILITIES (l) rules of the balancing pool means the rules, practices, policies and procedures established by the Council under section 2(1)(b) that govern the administration of the balancing pool. (2) A reference in this Regulation to the balancing pool administrator includes a reference to any person referred to in section 3(2) when the balancing pool administrator is making use of that person s services. Duties of Council 2(1) The Council shall, before December 31, 1999, (a) establish a separate financial account or accounts to be known as the balancing pool, (b) establish the rules of the balancing pool, and (c) appoint a qualified person or persons to act as the balancing pool administrator. (2) The Council may review and change the rules of the balancing pool or establish additional rules, if necessary, to promote the effective administration of the balancing pool. (3) Before establishing or changing rules under this section the Council shall consult with persons whom it considers are affected by the rules. Authority of balancing pool administrator 3(1) The balancing pool administrator must carry out its powers and duties in the name of the Council and all powers and duties carried out by the balancing pool administrator or a person referred to in subsection (2) are deemed to have been carried out on behalf of the Council. (2) To carry out the balancing pool administrator s powers and duties, the balancing pool administrator may make use of the services of (a) the staff of the Council, and (b) persons having special technical or other knowledge or skills. Administrative powers and duties 4 The balancing pool administrator shall carry out the following powers and duties in accordance with the Act, the regulations and the rules of the balancing pool: (a) sign contracts, agreements and other instruments in respect of the balancing pool; (b) make and maintain banking arrangements in respect of the balancing pool; (c) borrow money from any person or enter into overdraft or line of credit arrangements with a bank, treasury branch, credit union, loan corporation or trust corporation for the purpose of meeting - 730 -
ALTA. REG. 169/99 ELECTRIC UTILITIES obligations of the balancing pool as they become due, and give security for the loan, overdraft or line of credit; (d) draw, make, accept, endorse, execute or issue promissory notes, bills of exchange or other negotiable instruments in respect of the balancing pool; (e) hire employees, consultants and advisors required in connection with the administration of the balancing pool and the performance of the powers and duties of the Council and the balancing pool administrator and determine the duties, terms of engagement and remuneration of the employees, consultants and advisors; (f) determine the amount of any obligation or expenditure payable out of the balancing pool under section 7(1)(h); (g) carry out any other duties that are necessary to administer the balancing pool. Nonadministrative powers and duties 5(1) The balancing pool administrator shall carry out the following powers and duties in accordance with the Act, the regulations, the rules of the balancing pool and any arrangement: (a) oversee the payment into the balancing pool of the amounts referred to in section 6; (b) oversee the payment out of the balancing pool of the amounts referred to in section 7; (c) determine the amounts of any balancing pool credits and balancing pool charges; (d) allocate balancing pool credits directly to customers or indirectly to customers through (i) retailers, (ii) wire services providers, or (iii) the power pool administrator; (e) levy balancing pool charges directly against customers or against customers through (i) retailers, (ii) wire services providers, or (iii) the power pool administrator; - 731 -
ALTA. REG. 169/99 ELECTRIC UTILITIES (f) offer for sale to the public an arrangement held by the balancing pool administrator as a party to the arrangement; (g) offer for sale to the public any derivatives created by the balancing pool administrator pursuant to the Power Purchase Arrangements Regulation (AR 170/99); (h) exercise any powers and perform any duties that accrue to the balancing pool administrator as a party to an arrangement or to the balancing pool under an arrangement; (i) exercise or assign to a third party the right to exchange electric energy through the power pool that arises as a result of the balancing pool administrator being a party to an arrangement; (j) on receipt of notice in respect of an extraordinary event from a party to an arrangement or otherwise, assess and verify the occurrence of the extraordinary event and the need for any payment to be made into or out of the balancing pool by or to a party under the provisions of the arrangement, and participate in any dispute resolution proceedings under an arrangement pursuant to subsection (3); (k) where clause (j) applies, commence making payments set out in the arrangement until the matters in question under clause (j) have been resolved, whether by agreement or in dispute resolution proceedings under subsection (3); (l) make, defend, settle and withdraw claims and counterclaims against the balancing pool relating to an arrangement that the balancing pool administrator holds as a party to the arrangement; (m) make, defend, settle and withdraw claims and counterclaims against retailers, wire service providers, customers and any other persons relating to the payment of balancing pool credits or charges. (2) Before acting under subsection (1)(j), the balancing pool administrator must consult with the parties to the arrangement and representatives of customers in respect of matters set out in subsection (1)(j). (3) Notwithstanding the provisions of an arrangement, if (a) a party to the arrangement disputes a determination by the balancing pool administrator, or (b) the balancing pool administrator disputes that an extraordinary event has occurred or that a payment into or out of balancing pool should be made under the provisions of the arrangement, - 732 -
ALTA. REG. 169/99 ELECTRIC UTILITIES the dispute must be resolved by the dispute resolution process set out in the arrangement. (4) Any payments or reimbursements required to be made resulting from the resolution of the matters in question under subsection (1)(j) are payable on and from the date specified in the document setting out the resolution of the matters, together with interest on those amounts at the default interest rate set out in the arrangement, running from that date until the amounts are paid. (5) The amounts of payments and reimbursements referred to in subsection (4) must be shown in a separate billing among the parties. Amounts to be paid into balancing pool 6 The following amounts must be paid into the balancing pool: (a) any payment, fee, charge or other amount that is required by the Act or the regulations to be paid into the balancing pool; (b) any payment, fee, charge or other amount that is required by an arrangement to be paid into the balancing pool, including any payment that is required to be made as a result of the occurrence of an extraordinary event or as the result of the resolution of a dispute referred to in section 5(3); (c) any balancing pool charge payable, directly or indirectly, by a customer pursuant to billing; (d) any money borrowed for the purpose of meeting the obligations of the balancing pool; (e) any principal, income, dividend or other amount received in connection with investments made pursuant to section 8; (f) any amount received by the balancing pool administrator in respect of an arrangement held by the balancing pool administrator as a party to the arrangement; (g) any fine imposed by the Council in accordance with section 9.5(1)(c) of the Act; (h) any amount approved by the Board as payable into the balancing pool for any period prior to an arrangement taking effect; (i) any other amount received in the course of the administration of the balancing pool, except an amount that is specified by the Minister as not being payable into the balancing pool. - 733 -
ALTA. REG. 169/99 ELECTRIC UTILITIES Amounts to be paid out of balancing pool 7(1) The following amounts must be paid out of the balancing pool: (a) any payment, fee, charge or other amount that is required by the Act or the regulations to be paid out of the balancing pool; (b) any payment, fee, charge or other amount that is required by an arrangement to be paid out of the balancing pool, including any payment that is required to be made as a result of the occurrence of an extraordinary event or as the result of the resolution of a dispute referred to in section 5(3); (c) any balancing pool credit owing, directly or indirectly, to a customer pursuant to billing; (d) any principal or interest to be paid or repaid in connection with an amount borrowed for the purpose of meeting the obligations of the balancing pool; (e) money payable as the purchase price for investments made pursuant to section 8; (f) any amount payable by the balancing pool administrator in respect of an arrangement held by the balancing pool administrator as a party to the arrangement; (g) any amount approved by the Board as payable out of the balancing pool for any period prior to an arrangement taking effect; (h) any other obligation or expenditure incurred in the course of the administration of the balancing pool, except those that are specified by the Minister as not being payable out of the balancing pool. (2) For the purposes of subsection (1)(h), no amount may be paid out of the balancing pool relating to obligations or expenditures incurred in the course of the administration of the power pool. (3) Nothing in the Act, the regulations or an arrangement is to be construed so as (a) to relieve an insurer from its obligations under a policy of insurance, or (b) to require an amount otherwise recoverable under a policy of insurance to be paid out of the balancing pool. Investments 8 Subject to section 9, the balancing pool administrator may invest any amount in the balancing pool in any securities that the balancing pool administrator considers appropriate and may from time to time vary any of those investments. - 734 -
ALTA. REG. 169/99 ELECTRIC UTILITIES Prudent investment standards 9(1) The balancing pool administrator shall adhere to prudent investment standards in making investment decisions relating to and in managing the balancing pool. (2) For the purposes of this Regulation, prudent investment standards are those that, in the overall context of an investment portfolio, a reasonably prudent person would apply to investments made on behalf of another person with whom there exists a fiduciary relationship to make such investments without undue risk of loss or impairment and with a reasonable expectation of fair return or appreciation. Statements and reports relating to balancing pool 10 The Council shall (a) keep full and accurate books of account and records of its business and affairs relating to the balancing pool, (b) after the end of each year, prepare and have audited financial statements relating to the activities of the balancing pool in the preceding year, (c) at any time when required to do so by the Minister, prepare and have audited financial statements relating to (i) any part of its business, and (ii) any period specified by the Minister, and (d) after the end of each year, prepare and deliver to the Minister a report containing (i) the audited financial statements referred to in clause (b), and (ii) a summary of the activities of the Council and the balancing pool administrator relating to the balancing pool in the year. Liability of balancing pool limited 11 The balancing pool is not liable for any claims of creditors of the Council unless the claims arise directly from the obligation to make a payment out of the balancing pool under section 7. Winding-up of balancing pool 12(1) The balancing pool administrator shall, subject to the approval of the Minister, wind up the balancing pool. (2) The winding-up of the balancing pool (a) must commence on or before December 31, 2020, and - 735 -
ALTA. REG. 169/99 ELECTRIC UTILITIES (b) must be completed not later than June 30, 2021. No change in law 13 Neither, (a) the enactment or implementation of this Regulation, nor (b) the enactment or implementation of an amendment to this Regulation before the Alberta Energy and Utilities Board has approved or varied the power purchase arrangements under section 45.91 of the Act shall be considered to be a change in law as defined in the power purchase arrangements. Paramountcy 14 In the event that there is a conflict between the rules of the balancing pool and the Act or the regulations, the Act and regulations prevail. Expiry 15 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 July 31, 2004. ` ------------------------------ Alberta Regulation 170/99 Electric Utilities Act POWER PURCHASE ARRANGEMENTS REGULATION Filed: August 18, 1999 Made by the Minister of Resource Development (M.O. 29/99) pursuant to section 45.97 of the Electric Utilities Act. Table of Contents Definitions 1 Power purchase arrangement for more than one generating unit 2 Report 3 Duties of Board 4 Act not applicable 5 Hydro unit power purchase arrangement 6 Exchange of excess electric energy 7 Balancing pool administrator deemed purchaser 8 No change in law 9 Expiry 10-736 -
ALTA. REG. 170/99 ELECTRIC UTILITIES Definitions 1 In this Regulation, (a) Act means the Electric Utilities Act; (b) auction means an auction referred to in section 45.93 of the Act; (c) balancing pool administrator means the person or persons appointed under section 2(1)(c) of the Balancing Pool Regulation (AR 169/99); (d) hydro unit means a generating unit that is shown in Part 1 of the Schedule to the Act as being a hydro generating unit; (e) Part 1 units means generating units listed in Part 1 of the Schedule to the Act; (f) Part 2 units means generating units listed in Part 2 of the Schedule to the Act. Power purchase arrangement for more than one generating unit 2 Notwithstanding section 45.5(2)(a) of the Act, the independent assessment team may, in the following circumstances, determine a power purchase arrangement that applies to more than one generating unit: (a) where there is more than one generating unit at a power plant; (b) where the generating units to which the power purchase arrangement is to apply are hydro units. Report 3(1) The independent assessment team may prepare the report required under section 45.9(1)(a) of the Act and provide the report to the Board in several stages in accordance with subsections (2) and (3). (2) The portion of the report relating to Part 2 units may be prepared and provided to the Board after the portion of the report relating to Part 1 units is prepared and provided to the Board. (3) The portion of the report setting out any determination made by the independent assessment team pursuant to section 45.5(2)(c) of the Act may be prepared and provided to the Board after the balance of the report relating to Part 1 units is prepared and provided to the Board. Duties of Board 4 Where the independent assessment team provides its report to the Board in several stages in accordance with section 3, the Board may carry out the duties set out in sections 45.9(2) and 45.91 of the Act in several stages, in each case following receipt of the relevant portion of the report from the independent assessment team. - 737 -
ALTA. REG. 170/99 ELECTRIC UTILITIES Act not applicable 5 Section 45.4(4) and (5) of the Act do not apply to the owner of the following generating units in respect of those generating units, and section 45.5(2)(b) of the Act does not apply to the independent assessment team in respect of the following generating units: (a) Rainbow #1; (b) Rainbow #2; (c) Rainbow #3. Hydro unit power purchase arrangement 6(1) In this section, derivatives, in respect of a power purchase arrangement that applies to a Part 1 unit, means partial financial rights, interests and obligations derived from the power purchase arrangement where the underlying commodity is electricity or electricity services, but does not include a transfer of the power purchase arrangement in whole or in part to the buyer of the derivative. (2) Notwithstanding section 45.93(1) of the Act, a power purchase arrangement that applies to a hydro unit (a) is not to be offered for sale to the public at an auction, but is deemed to have been sold to the balancing pool administrator at an auction, and (b) is to be held by the balancing pool administrator in the capacity of a purchaser for all purposes of the Act, the regulations made under the Act and the power purchase arrangement. (3) A power purchase arrangement that is held by the balancing pool administrator under this section has effect in accordance with its terms and conditions. (4) The balancing pool administrator who holds a power purchase arrangement under this section may create derivatives and offer those derivatives for sale to the public. (5) The regulations referred to in section 45.93(3) of the Act may establish rules relating to the creation and sale of derivatives. (6) Section 45.94 of the Act does not apply in respect of the sale of derivatives related to a hydro unit power purchase arrangement. Exchange of excess electric energy 7(1) A power purchase arrangement determined by the independent assessment team under section 45.5(2) of the Act for a generating unit must include a determination of the manner in which excess electric energy produced by the generating unit is to be exchanged by the purchaser of the power purchase arrangement through the power pool for the benefit of the owner of the generating unit. - 738 -
ALTA. REG. 170/99 ELECTRIC UTILITIES (2) Subsection (1) does not apply if the independent assessment team has determined pursuant to section 45.5(4) of the Act that the owner of a generating unit retains the right to exchange electric energy associated with the power purchase arrangement through the power pool. Balancing pool administrator deemed purchaser 8(1) Where (a) no acceptable bids are received for a power purchase arrangement at an auction (other than a power purchase arrangement referred to in section 26 of the Generating Units Regulation (AR 72/99)), (b) a power purchase arrangement is converted to a financial instrument under section 45.94(2)(b) of the Act, or (c) a power purchase arrangement is sold to a purchaser at an auction and the power purchase arrangement terminates other than pursuant to section 15.2 of the power purchase arrangement, the power purchase arrangement (d) is deemed to have been sold to the balancing pool administrator at an auction, and (e) is to be held by the balancing pool administrator in the capacity of a purchaser for all purposes of the Act, the regulations made under the act and the power purchase arrangement. (2) Where subsection (1) applies, the balancing pool administrator shall immediately become entitled to the rights and be bound by the obligations of a purchaser and, from that time, the power purchase arrangement has effect in accordance with its terms and conditions, as amended from time to time in accordance with the arrangement, subject to the following: (a) sections 4.3(j), 7.3, 14.6, 15.3, 15.4 and 17.4 of the power purchase arrangement are deemed to be deleted; (b) sections L3.1, L3.2(a), (c), (e) and (f), L3.4, L3.5 and L4.1 of Schedule L of the power purchase arrangement are deemed to be deleted; (c) section 14.4 of the power purchase arrangement is deemed to be replaced with the following: 14.4 During any period in which the Owner s obligation to perform or comply with an obligation under this arrangement is suspended, the Monthly Capacity Payment shall be the same amount as the Provisional Capacity Payment, notwithstanding any other provision of this arrangement. - 739 -
ALTA. REG. 170/99 ELECTRIC UTILITIES (3) The deletions and substitutions set out in subsection (2) apply only during the period in which the balancing pool administrator holds the power purchase arrangement in the capacity of a purchaser under subsection (1). (4) Where subsection (1) applies, the balancing pool administrator may, notwithstanding the terms and conditions of the power purchase arrangement, terminate the power purchase arrangement if the balancing pool administrator (a) consults with representatives of customers and the Minister as to the reasonableness of the termination, (b) gives 6 months notice, or any shorter period agreed to by the owner, of its intention to terminate to the owner of the generating unit to which the power purchase arrangement applies, and (c) pays to that owner or ensures that the owner receives an amount equal to the remaining closing net book value of the generating unit, determined in accordance with the power purchase arrangement as if the generating unit had been destroyed, less any insurance proceeds. (5) On the balancing pool administrator s termination of a power purchase arrangement under this section or on termination of a power purchase arrangement under section 15.2 of the power purchase arrangement, Part 4.1 of the Act ceases to apply to the generating unit to which the power purchase arrangement applies. No change in law 9 Neither, (a) the enactment or implementation of this Regulation, nor (b) the enactment or implementation of an amendment to this Regulation before the Alberta Energy and Utilities Board has approved or varied the power purchase arrangements under section 45.91 of the Act shall be considered to be a change in law as defined in the power purchase arrangements. Expiry 10 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 July 31, 2004. - 740 -
Alberta Regulation 171/99 Public Sector Penion Plans Act PUBLIC SECTOR PENSION PLANS (LEGISLATIVE PROVISIONS) AMENDMENT REGULATION Filed: August 26, 1999 Made by the Lieutenant Governor in Council (O.C. 318/99) pursuant to Schedule 1, section 15(4) of the Public Sector Pension Plans Act. 1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR 365/93) is amended by this Regulation. 2 Section 49(1)(b)(iii) of Schedule 1 is amended by striking out $760 000 and substituting $1 072 000. ------------------------------ Alberta Regulation 172/99 Court of Appeal Act Court of Queen s Bench Act Civil Enforcement Act ALBERTA RULES OF COURT AMENDMENT REGULATION Filed: August 26, 1999 Made by the Lieutenant Governor in Council (O.C. 320/99) pursuant to section 15 of the Court of Appeal Act, section 18 of the Court of Queen s Bench Act and sections 106 and 107 of the Civil Enforcement Act. 1 The Alberta Rules of Court (AR 390/68) are amended by this Regulation. 2 Section 16.1(2)(a) and (b) is amended by striking out and printed or otherwise produced in a readable form. 3 Rules 186 to 199 are repealed and the following is substituted: Division 1 Discovery of Records Definition of record 186 In this Part, record includes the physical representation or record of any information, data or other thing that is or is capable of being represented or reproduced visually or by sound, or both. - 741 -
ALTA. REG. 172/99 COURT OF APPEAL COURT OF QUEEN S BENCH CIVIL ENFORCEMENT When a record or question is relevant and material 186.1 For the purpose of this Part, a question or record is relevant and material only if the answer to the question, or if the record, could reasonably be expected (a) to significantly help determine one or more of the issues raised in the pleadings, or (b) to ascertain evidence that could reasonably be expected to significantly help determine one or more of the issues raised in the pleadings. Affidavit of records must be filed 187(1) Every party to proceedings must, within 90 days of service of the statement of defence, file and serve on all other parties an affidavit of records, unless the Court grants an order under Rule 188.1 permitting a late filing or service of the affidavit. (2) A third party and a party served under Rule 69 who has filed a statement of defence must, within 90 days of that filing, file and serve on all other parties an affidavit of records, unless the Court grants an order under Rule 188.1 permitting a late filing of the affidavit. (3) A person for whose benefit an action is prosecuted or defended, or the assignor of a chose in action upon which the action is brought, is to be considered as a party to the proceedings for the purposes of discovery of records. (4) Rule 548 does not apply to a time limit specified in this Rule. Contents of affidavit of records 187.1(1) The affidavit of records must be made by the party to the proceedings or, in the case of a corporation, by an officer of the corporation, or by any other person directed by the Court. (2) The affidavit of records must disclose relevant and material records and must also specify (a) which of those records are in the possession, custody or power of the party making the affidavit, (b) which of those records, if any, the party objects to produce and the grounds for the objection, (c) with respect to the records, (i) which records the party has had in their possession, custody or power, - 742 -
ALTA. REG. 172/99 COURT OF APPEAL COURT OF QUEEN S BENCH CIVIL ENFORCEMENT (ii) the time when, and the manner in which, they ceased to be in their possession, custody or power, and (iii) the present whereabouts of the records, so far as the party making the affidavit can so state, either from personal knowledge or on information or belief, and (d) that the party has not and has never had any other relevant and material records in their possession, custody or power, so far as the party knows or believes. (3) If a party has not and has never had any relevant and material records in their possession, custody or power, so far as the party knows or believes, the affidavit must state that fact. Records for inspection 188(1) In respect of those records to which there is no objection to production, there must be endorsed on the affidavit of records a notice stating (a) the time when the record may be inspected, being no later than 10 days after the day the affidavit is served, and (b) the place at which the record may be inspected, which, unless otherwise ordered, is to be the address for service of the party making the affidavit. (2) Despite subrule (1), a record in constant use may be produced for inspection at the place at which it is usually kept. (3) A record may be inspected again from time to time, on reasonable notice to the party producing it. Late filing of affidavit of records 188.1(1) On application, the Court may grant an order under subrule (2) if it is satisfied that (a) a case is complex, (b) the volume or location of records requires it, or (c) other sufficient reason exists. (2) The Court may grant (a) an order permitting late, or requiring early, filing or service of an affidavit of records, and - 743 -
ALTA. REG. 172/99 COURT OF APPEAL COURT OF QUEEN S BENCH CIVIL ENFORCEMENT (b) if necessary, an order permitting commencement of examinations for discovery without the filing of an affidavit of records. Affidavit of records must precede discoveries Very long trial actions Costs for failing to file affidavit of records 189 A party is not entitled to conduct an examination for discovery until that party has filed and served an affidavit of records, or is otherwise permitted to commence examination by order of the Court under Rule 188.1(2)(b). 189.1 In a very long trial action, the case management judge may establish a mechanism for the production or description of the records in the affidavit of records when the number, nature or location of the records makes production or description in the normal course unduly expensive or cumbersome. 190(1) A party who (a) fails to serve an affidavit of records in accordance with Rule 187, (b) fails to serve an affidavit of records in accordance with an order of the Court made under Rule 188.1, or (c) applies under Rule 188.1 after the time for filing an affidavit of records expires is liable to pay a penalty in costs to the party adverse in interest of 2 times item 3(1) of Schedule C, or such larger amount as the Court may determine, irrespective of the final outcome of the proceeding. (2) If there is more than one party adverse in interest, the Court may determine the share of costs to be paid to each. (3) Costs imposed under this Rule are taxable and payable forthwith. Sanctions for failure to file affidavit of records 190.1 If a party fails to serve an affidavit of records in accordance with Rule 187 or in accordance with an order of the Court made under Rule 188.1, the Court may on application by any other party (a) strike out all or any of the pleadings of the party in default, or (b) impose any other sanction, including an order under Rule 599.1. - 744 -
ALTA. REG. 172/99 Failure to produce a record Admission of records in evidence COURT OF APPEAL COURT OF QUEEN S BENCH CIVIL ENFORCEMENT 191 If a party does not produce a record specified in an affidavit of records, the party wishing to inspect it may apply to the Court for an order for inspection. 192(1) A party on whose behalf an affidavit of records is made under this Division, and a party on whom an affidavit of records is served under this Division, are both deemed to admit that (a) the records specified or referred to in the affidavit are authentic, and (b) if a copy of a letter, memorandum or other message purports or appears to have been sent, the original was sent and received by the addressee. (2) Subrule (1) (a) does not apply if the court otherwise orders; (b) does not apply if the recipient of the affidavit objects in accordance with subrule (3); (c) is without prejudice to the right of any party to object to the admission in evidence of a record. (3) The recipient of an affidavit of records is not deemed to make the admission referred to in subrule (1) if, within 30 days of receipt of the affidavit, the recipient serves notice on the party serving the affidavit that the fact in question is disputed and that it must be proven at trial. (4) A party on whose behalf an affidavit of records is served under this Division must produce at the examination for discovery, the pre-trial conference, and at trial, those records that are stated in the affidavit to be in that party s possession, custody or power. (5) If a party denies the authenticity or receipt or dispatch of a record, and the authenticity, receipt or dispatch, as the case may be, is proven, the Court must take into account the denial in exercising its discretion as to costs. (6) This Rule does not apply to a record the authenticity or receipt or dispatch of which the party has denied in their pleadings. Inspection of records 193(1) A party is entitled to (a) inspect any record referred to in the pleadings, particulars or affidavits of any other party and in that - 745 -
ALTA. REG. 172/99 COURT OF APPEAL COURT OF QUEEN S BENCH CIVIL ENFORCEMENT party s possession, custody or power, by making a demand for production, and (b) take copies of the record when so produced. (2) Subrule (1) does not apply to a record referred to in an affidavit of records, the production of which is objected to in the affidavit. Time and place for inspection Order of inspection Order for further and better affidavit 194 The party upon whom the demand for production is made must, within three days of receiving it, deliver to the party making the demand a notice stating a reasonable time, within 3 days from the delivery of that notice, at which the records may be inspected at their lawyer s office, or, in the case of records in constant use referred to in Rule 188(2), at the place they are usually kept. 195 If the party served with the demand for production omits to give notice of a time for inspection or omits or objects to give the inspection, the party desiring it may apply to the Court for an order of inspection. 196(1) On application, if the Court is satisfied that (a) a relevant and material record in the possession, custody or power of a party has been omitted from an affidavit of records, or (b) a claim of privilege has been improperly made in respect of the record, the Court may order a further and better affidavit and impose other sanctions, including an order under Rule 599.1. (2) If on the application a claim of privilege is made for a record, the Court may inspect the record for the purpose of deciding the validity of the claim, and consider all evidence which may be adduced tending to establish or destroy the claim of privilege. (3) On an application under this Rule, the Court may permit cross-examination on the original and on any subsequent affidavit of records. Use of omitted records 197(1) A party omitting to mention any record in their affidavit of records, or a party not producing any record in compliance with a valid demand made under this Part, may not afterwards use the record in evidence, unless the Court is satisfied that the party had sufficient cause for the omission or nonproduction. (2) If, after a party has filed an affidavit of records, the party discovers, creates or comes into possession, custody or power of - 746 -
ALTA. REG. 172/99 COURT OF APPEAL COURT OF QUEEN S BENCH CIVIL ENFORCEMENT a relevant and material record not previously disclosed, the party must immediately give notice of it to all other parties, and must, on request, supply the other parties with a copy of it, but in any case the Court may permit the record to be given in evidence upon such terms as to costs or otherwise as may be just. Production does not acknowledge admissibility of a record Impounding records 198 The disclosure or production of a record under this Part alone is not to be considered as an agreement or acknowledgment of the relevance or admissibility of the record. 199 A record produced to a Court may be ordered to be impounded, and after impoundment it may not be inspected, except by leave of the Court. 4 The heading before Rule 200 Examination for Discovery is struck out and the following is substituted: Division 2 Examination for Discovery 5 Rule 200 is amended by repealing subrule (1) and substituting the following: Officers or employees of corporation 200(1) Before trial, a party to proceedings may orally examine under oath, without an order of the Court, (a) any other party to the proceedings who is adverse in interest, (b) if the other adverse party is a corporation, one or more officers of the corporation, and (c) one or more other persons who (i) are or were employed by the other party, and (ii) have or appear to have knowledge of a matter raised in the pleadings that was acquired by virtue of that employment. (1.1) Subrule (1) applies whether the person sought to be examined is inside or outside the jurisdiction of the Court. (1.2) During the oral examination under subrule (1), a person is required to answer only relevant and material questions. - 747 -
ALTA. REG. 172/99 COURT OF APPEAL COURT OF QUEEN S BENCH CIVIL ENFORCEMENT 6 Rule 203 is amended by repealing subrules (1) and (2) and substituting the following: Examination 203(1) Unless an order of the Court under Rule 188.1 otherwise provides, the examination of a party, employee or assignor may take place as the case requires, at any time after the following: (a) in the case of the examination on behalf of the plaintiff, (i) the statement of defence of the party, employer or assignee has been delivered, (ii) the time for delivering the statement of defence has expired, or (iii) the party has been noted in default; (b) in the case of the examination on behalf of a defendant, the statement of defence of the defendant, employer or assignee has been delivered; (c) in the case of the examination of a party to any issue, a trial of the issue has been directed by the Court. (2) Subrule (1) is subject to Rule 189. 7 Rule 205 is repealed and the following is substituted: Production of records at discovery 205 Unless otherwise ordered, the party or person to be examined must produce at the examination all records which that party or person could be required to produce at trial. 8 Rule 208 is repealed and the following is substituted: Further production of records 208 A person who admits, on examination, that they have in their possession, custody or power a record that is not privileged or protected from production must produce it for the inspection of the examining party in accordance with an order of the Court or the direction of the examiner. 9 Rule 209 is amended (a) by repealing subrule (1) and substituting the following: - 748 -
ALTA. REG. 172/99 Production of document COURT OF APPEAL COURT OF QUEEN S BENCH CIVIL ENFORCEMENT 209(1) On application, the Court may, with or without conditions, direct the production of a record at a date, time and place specified when (a) the record is in the possession, custody or power of a person who is not a party to the action, (b) a party to the action has reason to believe that the record is relevant and material, and (c) the person in possession, custody or power of the record might be compelled to produce it at the trial. (1.1) The Court may also give directions respecting the preparation of a certified copy of the record, which may be used for all appropriate purposes in place of the original. (b) by repealing subrule (2) and substituting the following: (2) A person producing a record is entitled to receive such conduct money as the person would receive if examined for discovery. 10 Rule 214 is amended (a) in subrule (1) by striking out officer and substituting representative ; (b) in subrule (2) by striking out officer or officers and substituting representative or representatives. 11 Rule 230 is amended by repealing subrule (2.1). 12 Rule 500 is amended by repealing subrule (2) and substituting: (2) Subject to subrule (3), the notice of motion must be served within a reasonable time, not exceeding 60 days, after the judgment or order is entered and served or the certificate is given. (3) If the party entitled to appeal has not appeared by a solicitor or filed an address for service with the clerk, the notice of appeal must be served within a reasonable time, not exceeding 60 days, after the judgment or order is entered. 13 The following is added after Rule 516: - 749 -
ALTA. REG. 172/99 COURT OF APPEAL COURT OF QUEEN S BENCH CIVIL ENFORCEMENT Time between service and hearing 516.1 Unless leave is given, there must be at least 14 days between the service of a notice of motion and the actual day for the hearing, when the relief sought is (a) leave to appeal, (b) dismissal of an appeal, (c) admission of new evidence, (d) restoring an appeal to the general list, or (e) extending time to appeal. 14 Rule 530 is repealed and the following is substituted: Contents of appeal documents 530(1) The appeal book must (a) consist of the following sections: (i) Part I (ii) Part II $ Pleadings, as described in subrule (9)(a); $ Evidence, consisting of oral testimony; (iii) Part III $ Final Documents, as described in subrule (9)(b); (iv) Part IV $ Exhibits; (b) be arranged in volumes in the following order: (i) First: Appeal Book Digest, consisting of Parts I and III; (ii) Second: (iii) Third: Part II, Evidence; Part IV, Exhibits; (c) contain pages numbered consecutively as follows: (i) Part I must commence page numbering with P1; (ii) Part II must commence page numbering with page 1; (iii) Part III must continue following the last page of Part II; - 750 -
ALTA. REG. 172/99 COURT OF APPEAL COURT OF QUEEN S BENCH CIVIL ENFORCEMENT (iv) Part IV must continue following the last page of Part III; (v) if supplementary appeal books are required to be filed, the page numbering must continue from the last page of Part IV. (2) In this Rule, hard copy means printed volumes prepared in the following manner: (a) if they are the original copy, clearly marked as original at the top of the front cover; (b) printed or reproduced on one side of good quality, white, 8½ by 11 inch paper, and bound along the right edge so that the printed pages are to the left; (c) bound with stock on the front and back covers, with (i) evidence and exhibit volumes in grey, and (ii) digest volumes in red; (d) contain a front cover and title page clearly setting out the information in Form R, bound along the left edge of the paper, so that the printed pages are to the right; (e) contain a comprehensive table of contents at the beginning of each volume of the appeal book which must (i) be bound along the left edge of the paper, so that the printed pages are to the right; (ii) list exhibits in two columns, one indicating the page where the exhibit was entered into the record at trial or was identified in the affidavit, and one indicating the page where the exhibit is now reproduced in the appeal book; (f) contain legible material only or, if material does not photocopy well, providing a photocopy together with a typewritten transcript of the illegible text; (g) printed or reproduced in type whose capital letters are at least 2.9 mm. high, whether or not the original is in smaller type, if need be reproducing one original sheet on 2 or more pages. (3) On every appeal that contains oral testimony, the appellant must file with the Registrar - 751 -
ALTA. REG. 172/99 COURT OF APPEAL COURT OF QUEEN S BENCH CIVIL ENFORCEMENT (a) the original and one hard copy of all evidence volumes of the appeal book, (b) the original and 4 hard copies of all exhibit volumes of the appeal book, (c) the original and 4 hard copies of the Appeal Book Digest, and (d) one electronic copy of Part II, the evidence portion of the appeal book. (4) On every appeal when the appeal book contains no oral testimony, the appellant must file the following with the Registrar: (a) the original and 4 hard copies of all exhibit volumes of the appeal book; (b) the original and 4 hard copies of the Appeal Book Digest; (c) the original and 4 hard copies of all volumes containing other types of evidence or agreed material; (d) when the exhibits and evidence do not exceed a total of 200 pages, they may be combined into one volume which must follow the Appeal Book Digest and be labelled accordingly. (5) Notwithstanding subrules (1) and (3), when the oral testimony and exhibits do not exceed a total of 10 pages, the oral testimony and exhibits must be included in the Appeal Book Digest, and the hard copies of the evidence or exhibit volumes are not necessary. (6) The number of copies required under subrules (3) and (4) does not include those copies required for counsel. (7) The evidence volumes of the appeal book must (a) when evidence is in the form of a question and an answer, adhere to the following form: (i) the question must commence on a separate line and be preceded on that line by the letter Q; (ii) the answer must commence on a separate line following the line on which the question concludes and be preceded on the line on which the answer commences by the letter A; - 752 -