Agent Exemption Rules

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Published: 2014

AR 109/2009 AGENT EXEMPTION RULES (Consolidated up to 182/2014)
Coal Conservation Act
1   In these Rules,                                (a)    “mutual recognition agreement” means a valid and subsisting agreement made between the Board and a regulatory body for the purpose of recognizing substantial regulatory equivalency and enabling reciprocity between Alberta and another jurisdiction;
                              (b)    “regulatory body” means an entity having lawful authority respecting the regulation of coal mines and related facilities in a jurisdiction other than Alberta.
AR 109/2009 s1;182/2014
Exemption from agent requirement
2(1)  An individual or a corporation or other organization is exempt from the requirement to appoint an agent under section 33(1) of the Act if, and for so long as, the individual, corporation or organization
                               (a)    is resident of a jurisdiction and subject to the authority of a regulatory body that is a party to a mutual recognition agreement with the Board,
                              (b)    is in compliance with all applicable legislation, regulations and rules and all applicable directives, orders and directions of the Board and the regulatory body referred to in clause (a),
                               (c)    owes no debt to the Board,
                              (d)    does not, in Alberta or elsewhere, operate a coal mine or a related facility in a manner that, in the opinion of the Board, is unsafe or presents a serious threat to public safety or the environment,
                               (e)    agrees to attorn to the jurisdiction of Alberta with respect to all matters, obligations and liabilities pertaining to its coal licences, permits and approvals in Alberta, and
                               (f)    meets any other condition imposed by the Board for the purpose of exemption from the requirement to appoint an agent.
(2)  For greater certainty, nothing in this section requires the Board to enter into a mutual recognition agreement if the other jurisdiction fails to prove to the satisfaction of the Board that substantial regulatory equivalency exists between Alberta and the other jurisdiction.
AR 109/2009 s2;182/2014
3   For the purpose of ensuring that these Rules are reviewed for ongoing relevancy and necessity, with the option that they may be repassed in their present or an amended form following a review, these Rules expire on July 31, 2019.
AR 182/2014 s5
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