Electric Utilities Act, duty to comply with the reliability standards, including the cyber security standards
S.A. 2003, c. E-5.1, ss. 20.8, 21.1, 142(1)(l.1)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://kings-printer.alberta.ca/documents/Acts/E05P1.pdfIn force.
A sector security regimes rule binding public and private bodies.
- Obligation class
- Security, Governance
As of .
What it requires
- If you are an electricity market participant, comply with the reliability standards, which include the cyber security standards CIP-002 to CIP-013 and the physical security standard CIP-014 that the Alberta Electric System Operator lists as current; each standard states the entities and facilities it applies to (s. 20.8).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 150(1) makes failing to comply with the Act or the regulations an offence, section 20.8 requires an electricity market participant to comply with the reliability standards, and section 150(3) sets the fine at not more than $3,000,000 for each day or part of a day.
Penalty structure
Section 150(3) sets a fine of not more than $3,000,000 for each day or part of a day on which an offence under section 150 occurs or continues. Section 150(4) lets the court add a fine equal to its estimate of the economic benefit the person derived.
- Rule
- Per violation only
- As of
- Currency
- CAD
- Per violation unit
- Day
- Per violation amount
- 3,000,000
Over one month of continuous breach, CAD 91,320,000.
What this law does
An electricity market participant must comply with the ISO rules that are in effect and the reliability standards. An electricity market participant includes any person that supplies, generates, transmits, distributes, stores, discharges, trades, exchanges, purchases or sells electricity, electric energy, electricity services or ancillary services. The Act defines reliability standards as the reliability standards made under section 142(1)(l.1).
That provision authorizes regulations respecting reliability standards for or in relation to transmission facilities, electric distribution systems, generating units, energy storage resources or the owners or users of those facilities, systems, units or resources. The Alberta Electric System Operator lists the cyber security standards CIP-002 to CIP-013 and the physical security standard CIP-014 as current Alberta reliability standards.
Except as otherwise provided by the regulations, if the Independent System Operator suspects that an electricity market participant has contravened a reliability standard, it must refer the matter to the Market Surveillance Administrator. A person who fails to comply with the Act or the regulations is guilty of an offence and is liable to a fine of not more than $3,000,000 for each day or part of a day on which the offence occurs or continues.
When LexLint raises it
When your app profile says your app runs an essential service.