ENERGY STATUTES AMENDMENT ACT, 2009 ENERGY STATUTES AMENDMENT ACT, 2009
Chapter 20
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Petroleum Marketing Act
Amends RSA 2000 cP‑10
9(1)  The Petroleum Marketing Act is amended by this section.
(2)   Section 1 is amended
                           (b)    by adding the following after clause (b):
                             (b.1)    “goods” means goods specified in the regulations;
                           (d)    by adding the following after clause (c):
                                 (d)    “services” means services specified in the regulations;
                                 (e)    “supplier” means a person specified in the regulations as a supplier.
(15)  Section 16 is repealed and the following is substituted:
Direction to provide goods and services
16(1)  The Commission may, in accordance with the regulations, direct a supplier to provide goods or services or both.
(2)  The Commission may include in a direction under subsection (1) any terms and conditions that it considers appropriate.
(3)  The Commission may pay consideration for the provision of the goods or services in accordance with the regulations.
(4)  A supplier who receives a direction under subsection (1) shall comply with
                                 (a)    the direction, and
                                 (b)    any regulations relating to the provision of the goods or services.
(5)  Where the Commission gives a direction under subsection (1) and the Commission is unable to reach an agreement with the supplier as to the just and reasonable consideration to be paid by the Commission for the goods or services, the Alberta Utilities Commission may, on the application of the Commission or the supplier, fix charges instead of consideration in accordance with the regulations.
(6)  No compensation is payable for goods or services provided under this section other than consideration or charges instead of consideration that are paid or fixed under this section.
(7)  A supplier who contravenes subsection (4) is guilty of an offence and is liable to a fine of not more than $5000 for each day that the contravention continues.
(8)  Where a supplier contravenes subsection (4), the Commission may, whether or not the supplier has been convicted of an offence in respect of the contravention, apply to the Court of Queen’s Bench for an order requiring the supplier to comply with the direction or the regulations, as the case may be.
(9)  Where
                                 (a)    a supplier is the lessee under an agreement, and
                                 (b)    a direction is given to the supplier under subsection (1) calling for goods or services to be provided in respect of a hydrocarbon substance that is, in whole or in part, the Crown’s royalty share of a mineral payable pursuant to the agreement,
a contravention of subsection (4) by the supplier is, for the purposes of section 45(1)(c)(i) of the Mines and Minerals Act, deemed to be a failure to comply with that Act in relation to the agreement, whether or not the supplier has been convicted of an offence in respect of the contravention.
(18)  The following is added after section 19:
Regulations re provision of goods and services
19.1(1)  The Lieutenant Governor in Council may make regulations
                                 (a)    specifying goods or services or classes of goods or services for the purposes of section 16;
                                 (b)    specifying persons or classes of persons as suppliers for the purposes of section 16;
                                 (c)    respecting the giving of directions to suppliers and respecting the provision of goods or services by suppliers under section 16;
                                 (d)    respecting the consideration to be paid by the Commission under section 16(3) and the fixing of charges instead of consideration by the Alberta Utilities Commission;
                                 (e)    respecting applications to the Alberta Utilities Commission for the purposes of section 16(5);
                                 (f)    respecting the rights, powers, liabilities and obligations of the Commission, suppliers and others in relation to the provision of goods or services and consideration for goods or services or charges instead of consideration under section 16.
(2)  A failure to comply with the regulations under this section in respect of an agreement is, for the purposes of section 45(1)(c)(i) of the Mines and Minerals Act, deemed to be a failure to comply with that Act in relation to the agreement, whether or not the lessee has been convicted of an offence in respect of the contravention.
(3)  Reports and other information supplied to the Commission pursuant to regulations under this section are, for the purposes of section 38 of the Mines and Minerals Act, deemed to be supplied under that Act.
(19)  Subsections (2)(b) and (d), (15) and (18) come into force on Proclamation.