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## BYLAW 25-038 OF LETHBRIDGE COUNTY, IN THE PROVINCE OF ALBERTA
## A BYLAW TO PROHIBIT OTHER PERSONS FROM PROVIDING ELECTRIC DISTRIBUTION SERVICE WITHIN THE LEGAL BOUNDARIES OF THE MUNICIPALITY
WHEREAS, pursuant to section 45 of the Municipal Government Act, R.S.A. 2000, c. M-26 (the "Municipal Government Act), and as authorized by Municipal Bylaw 25-03Z, Lethbridge County (the "Municipality") has entered into an Electric Distribution Franchise Agreement with FortisAlberta Inc. (the "Franchise Agreement");
WHEREAS, pursuant to the terms of the Franchise Agreement, FortisAlberta Inc. (such party and its successors and permitted assigns hereinafter referred to as "FortisAlberta") has been granted the exclusive right to provide electric distribution service within the legal boundaries of the Municipality as altered from time to time (the "Municipal Franchise Area") for the term of such agreement;
WHEREAS, the Municipality may, upon the expiration of the Franchise Agreement and subject to the terms of the Municipal Government Act, enter into a subsequent or replacement agreement with FortisAlberta or a third party (either such party the "Subsequent Franchisee") which grants such Subsequent Franchisee the exclusive right to provide electric distribution service within the Municipal Franchise Area for the term of such agreement (any such agreement or replacement thereof a "Subsequent Franchise Agreement");
WHEREAS, the legal boundaries of the Municipality may be altered from time to time after the date this Bylaw is passed, due to municipal annexations or for other reasons;
AND WHEREAS, pursuant to Section 46 of the Municipal Government Act, and for the duration of any Franchise Agreement or Subsequent Franchise Agreement (any such agreement an "Exclusive Franchise Agreement"), the 1 of 3 Municipality wishes to prohibit any person other than FortisAlberta or the Subsequent Franchisee, as the case may be (such party the "Exclusive Franchisee"), from providing electric distribution service, or any similar utility service, within the Municipal Franchise Area;
NOW THEREFORE the Council of Lethbridge County, in the Province of Alberta, duly assembled, enacts as follows:
## Short Title
1. This Bylaw may be referred to as the "Prohibiting Other Persons From Providing Electric Distribution Service
within Municipal Franchise Area Bylaw"
## Prohibiting Other Persons
2. For the duration of any Exclusive Franchise Agreement, any person other than the Exclusive Franchisee shall be prohibited from providing electric distribution service, or any similar utility service, within the Municipal Franchise Area.
3. If, prior to the date that this Bylaw is passed:
(a) an alteration of the legal boundaries of the Municipality, through annexation or otherwise, occurred and resulted in the service area of any rural electrification association (as such term is defined in the Electric Utilities Act, R.S.A. 2003, c. E-5.1) extending into the Municipal Franchise Area; and
(b) the service area of such rural electrification association was subsequently altered by Decision 22164-D01-2018 or any other decision, order, or approval of the Alberta Utilities Commission (or otherwise pursuant to applicable law) such that it no longer extends into the Municipal Franchise Area;
then any consumers within the Municipal Franchise Area which are connected to, and take electric distribution service from, such rural electrification association must transfer to, connect to, and take electric distribution service from, the Exclusive Franchisee no later than the ninetieth (90"h) day following the date that this Bylaw is passed
4. If:
(a) an alteration of the legal boundaries of the Municipality, through annexation or otherwise, occurs after (or occurred prior to) the date that this Bylaw is passed and results in (or resulted in) the service area of any rural electrification association (as such term is defined in the Electric Utilities Act, R.S.A. 2003, c. E-5.1) extending into the Municipal Franchise Area; and
(b) the service area of such rural electrification association is subsequently altered by any decision, order, or approval of the Alberta Utilities Commission (or otherwise pursuant to applicable law) such that it no longer extends into the Municipal Franchise Area (any such alteration, a "Service Area Alteration"); 2 of 3
then any consumers within the Municipal Franchise Area which are connected to, and take electric distribution service from, such rural electrification association must transfer to, connect to, and take electric distribution service from, the Exclusive Franchisee no later than the ninetieth (90th) day following the date of such Service Area Alteration.
READ a First time this 18th day of December, 2025.
READ a Second time this 18t day of December, 2025.
READ a Third time this 18th day of December, 2025.
CHIEF ADMINISTRATIVE OFFICER
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