Alberta Regulation 75/2020

Credit Union Act

CREDIT UNION (MINISTERIAL) AMENDMENT REGULATION

Filed: May 6, 2020

For information only: Made by the President of Treasury Board and Minister of

Finance (M.O. No. 17/2020) on April 30, 2020 pursuant to sections 216.1 and 231(

c) of the Credit Union Act.

1 The Credit Union (Ministerial) Regulation (AR 250/89) is

amended by this Regulation.

Section 2 is repealed and the following is substituted:

Interpretation provision applicable to the Act

2(1) For the purposes of

section 1(1)(

u) and (x)(ii) of the Act, a

prescribed deposit insurance or guarantee plan is a deposit insurance

or guarantee plan that has been established under a statute of another

province or territory.

(2) For the purposes of

section 1(1)(yy) of the Act, "securities"

(

a) includes any other security within the meaning of the

Securities Act, and

(

b) does not include conditional sales agreements or financial

lease agreements.

3 The following is added after

section 17:

Additional composition of Central

17.1 The corporations prescribed by the Minister for the purposes

section 157(

b) of the Act are as follows:

(

a) a cooperative within the meaning of

section 1(1)(

j) of the

Cooperatives Act or a cooperative association registered or

incorporated under a predecessor of that Act or a cooperative

incorporated or registered under

an Act of Canada or of a

province or territory similar to that Act;

(

b) a corporation incorporated by or under any Act of a province

or territory of Canada acting as a central credit union or, in

relation to credit unions of that jurisdiction, in a role similar

to that of Central in relation to Alberta's credit unions;

(

c) Concentra Bank;

(

d) The Co-operators Group Limited;

(

e) The CUMIS Group Limited;

(

f) CU CUMIS Wealth Holdings GP Inc.;

(

g) the Corporation;

(

h) Canadian Credit Union Association;

(i) 189286 Canada Inc.;

(

j) Federated Co-operatives Limited;

(

k) a Provincial corporation within the meaning of

section 1(1)(

r) of the Financial Administration Act or, generally, an

equivalent corporation of another province or territory or of

Canada;

(

l) Credential Financial Inc.;

(

m) Northwest & Ethical Investments Inc.;

(

n) Aviso Wealth GP Inc.;

(

o) Aviso Wealth Inc.;

(

p) Everlink Payment Services Inc.;

(

q) a subsidiary or affiliate of a credit union or of Central or of

any corporation named or referred to in this section;

(

r) any other corporation that is a financial institution;

(

s) any successor corporation of a corporation referred to in this

section.

4 The heading preceding

section 19 is repealed and the

following is substituted:

Evidence

5 The following is added after

section 19:

Dispute Resolution

Dispute resolution process and adjudicator

19.1(1) Within 7 days after Central notifies the applicant credit

union that it has received the credit union's application under

section

216.1(1) of the Act, each party shall appoint a dispute resolution

representative and notify the other party of that appointment.

(2) Within 15 days after both dispute resolution representatives have

been appointed, the representatives shall attempt to select an

individual to act as adjudicator, and, if they select an individual, that

individual shall be appointed as adjudicator.

(3) If a dispute resolution representative fails to act and an

adjudicator has not yet been appointed, the party that appointed the

representative may appoint another representative within 7 days after

the date on which the representative failed to take the action that

should have been taken, and the parties have the remainder of the 15

days under subsection (2), if any, to attempt to select an individual to

act as adjudicator.

(4) Each party shall provide a list of potential adjudicators

consisting of 3 individuals and their credentials to the other party and

the Minister, if

(

a) either party fails to appoint a dispute resolution

representative in accordance with subsection (1),

(

b) a dispute resolution representative appointed under

subsection (1) fails to act and the party that appointed the

representative does not appoint another representative within

7 days after the date on which the representative failed to

take an action that should have been taken,

(

c) a dispute resolution representative appointed under

subsection (3) fails to act, or

(

d) for any other reason, an adjudicator is not appointed under

subsection (2).

(5) On receiving the lists referred to in subsection (4), the Minister

shall appoint an individual from the lists to be the adjudicator.

(6) No person shall be appointed as an adjudicator if the person is an

employee of either party.

(7) The dispute resolution representatives shall attempt to determine

the matters in dispute by agreement and, if they fail to agree, shall

submit their differences to the adjudicator.

(8) Each party is responsible for paying the dispute resolution

representative it appointed under subsection (1) or (3) whatever

remuneration or expenses are applicable, and the parties must

otherwise bear equally the expenses of the dispute resolution

process, including any remuneration and expenses of the adjudicator.

Alberta Regulation 76/2020

Government Organization Act

EDMONTON RESTRICTED DEVELOPMENT AREA

AMENDMENT REGULATION

Filed: May 13, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 150/2020)

on May 13, 2020 pursuant to

Schedule 5,

section 4 of the Government Organization Act.

1 The Edmonton Restricted Development Area Regulations

(AR 287/74) is amended by this Regulation.

2 The

Schedule is amended

(

a) in item 1, describing land located in Township 53,

Range 25, West of the Fourth Meridian,

(

i) by striking out

SECTION 5: Plans 882 0595 and 892 0486, showing survey for

descriptive purposes of a right-of-way for a

Transportation/Utility Corridor; All that area south

and west of Plan 882 0595 within the southwest

quarter of

section 5.

and substituting

SECTION 5: Plans 882 0595 and 892 0486, showing survey for

descriptive purposes of a right-of-way for a

Transportation/Utility Corridor; All that area south

and west of Plan 882 0595 within the southwest

quarter of

section 5; EXCEPTING THEREOUT

Plans 192 1034, 192 1309, 192 1036 and 192 1312.

(ii) by striking out

SECTION 21: Plan 882 2941 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor; All that area

northwest of Plan 882 2941 within the northwest

quarter of

section 21; EXCEPTING THEREOUT

Plan 982 2241 within the west half of

section 21;

Plan 012 6184; All that area south of Plan 992 5031.

and substituting

SECTION 21: Plan 882 2941 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor; All that area

northwest of Plan 882 2941 within the northwest

quarter of

section 21; EXCEPTING THEREOUT

Plan 982 2241 within the west half of

section 21;

Plan 012 6184; All that area south of Plan 992 5031;

Plan 182 1459.

(iii) by striking out

SECTION 27: Plan 882 1697 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor; All that area south

and east of Plan 882 1697 within Block 6 of Plan 179

H.W.; All that area within the northeast quarter of

section 27, south of Plan 882 1697 and northeast and

northwest of Road Plan 822 3194;

EXCEPTING THEREOUT Plans 022 4775 and 162

and substituting

SECTION 27: Plan 882 1697 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor; All that area south

and east of Plan 882 1697 within Block 6 of Plan 179

H.W.; All that area within the northeast quarter of

section 27, south of Plan 882 1697 and northeast and

northwest of Road Plan 822 3194; EXCEPTING

THEREOUT Plans 022 4775, 162 1078, 192 1124

and 182 1412.

(iv) by striking out

SECTION 28: Plan 882 1697 showing survey for descriptive

purposes of a right-of-way for a Transportation/

Utility Corridor and Plan 022 0636; EXCEPTING

THEREOUT Plan 022 4775.

and substituting

SECTION 28: Plan 882 1697 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor and Plan 022 0636;

EXCEPTING THEREOUT Plans 022 4775 and 182

(

v) by striking out

SECTION 34:

(1) Plans 882 1697 and 074 0090 showing survey for

descriptive purposes of a right-of-way for a

Transportation/Utility Corridor within the south half

section 34; EXCEPTING THEREOUT Plans 122

4335 and 162 1078.

and substituting

SECTION 34: Plans 882 1697 and 074 0090 showing survey for

descriptive purposes of a right-of-way for a

Transportation/Utility Corridor within the south half

section 34; EXCEPTING THEREOUT Plans 122

4335, 162 1078 and 192 1124.

(

b) in item 5, describing land located in Township 53,

Range 23, West of the Fourth Meridian,

(

i) by striking out

SECTIONS 31 Plan 892 0561 and Area D of Plan 022 1099

& 32: showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor;

Lot 3 of Plan 8188 E.T.; All that area of the

northeast quarter of

section 31, northeast of Plan 892

0561 and southeast of Plan 5815 R.S.; EXCEPTING

THEREOUT Areas A and B of Plan 022 1099 and

Plan 092 9343.

and substituting

SECTIONS 31 Plan 892 0561 and Area D of Plan 022 1099

& 32: showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor;

Lot 3 of Plan 8188 E.T.; All that area of the

northeast quarter of

section 31, northeast of Plan 892

0561 and southeast of Plan 5815 R.S.; EXCEPTING

THEREOUT Areas A and B of Plan 022 1099, Plans

092 9343, 192 1044 and 192 1331.

(

c) in item 6, describing land located in Township 52,

Range 25, West of the Fourth Meridian,

(

i) by striking out

SECTIONS Plan 882 0604 showing survey for descriptive

8 & 17: purposes of a right-of-way for a Transportation

/Utility Corridor; All that area southeast of Plan 882

0604 and west of Lot B of Plan 802 2074; All that

area south and east of Plan 882 0604 and north of

Lot B of Plan 802 2074; EXCEPTING THEREOUT

All that area of Plan 882 2480 north and east of Plan

882 0604; All that area of Plan 882 2480 west of

Plan 882 0604.

and substituting

SECTIONS 8 Plan 882 0604 showing survey for descriptive

& 17: purposes of a right-of-way for a

Transportation/Utility Corridor; All that area

southeast of Plan 882 0604 and west of Lot B of Plan

802 2074; All that area south and east of Plan 882

0604 and north of Lot B of Plan 802 2074;

EXCEPTING THEREOUT All that area of Plan 882

2480 north and east of Plan 882 0604; All that area

of Plan 882 2480 west of Plan 882 0604; Plan 192

(ii) by striking out

SECTION 32: Plan 882 0595 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor.

and substituting

SECTION 32: Plan 882 0595 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor; EXCEPTING

THEREOUT Plans 192 1041 and 192 1077.

--------------------------------

Alberta Regulation 77/2020

Mines and Minerals Act

COAL ROYALTY AMENDMENT REGULATION

Filed: May 13, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 151/2020)

on May 13, 2020 pursuant to

section 5 of the Mines and Minerals Act.

1 The Coal Royalty Regulation (AR 295/92) is amended by

this Regulation.

Section 8(1) is amended by adding "bituminous" before

"coal rights".

Section 11 is repealed.

Section 11.1 is repealed.

--------------------------------

Alberta Regulation 78/2020

Mines and Minerals Act

METALLIC AND INDUSTRIAL MINERALS

TENURE AMENDMENT REGULATION

Filed: May 13, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 152/2020)

on May 13, 2020 pursuant to

section 5 of the Mines and Minerals Act.

1 The Metallic and Industrial Minerals Tenure Regulation

(AR 145/2005) is amended by this Regulation.

Section 1(

a) is amended by adding "occurrence" after

"development of a metallic and industrial mineral".

Section 17(

e) is amended by striking out "of a professional

engineer or professional geoscientist" and substituting "of a

qualified person".

Section 52 is repealed.

5 The

Schedule is amended

(

a) in

section 3

(

i) in subsection (1)

(

A) by adding "and" at the end of clause (b);

(

B) by repealing clauses (

c) and (

d) and

substituting the following:

(

c) be in a format or formats approved by the

Minister.

(ii) in subsection (2)

(

A) by striking out "Two copies" and

substituting "One copy";

(

B) by striking out "each copy";

(

C) by adding "and" at the end of clause (a);

(

D) by repealing clauses (

b) and (

c) and

substituting the following:

(

b) be in a format or formats approved by the

Minister.

(iii) in subsection (3)

(

A) by striking out "2 copies" and substituting

"one copy";

(

B) by striking out "each copy";

(

b) in

section 5

(

i) in clause (c)

(

A) in subclause (

i) by striking out ", of the

results obtained, and of the expenditures made,"

and substituting "and of the results obtained";

(

B) by adding the following after subclause (i):

(i.1) expenditure statement - an expenditure

statement with respect to the locations of the

permits during the assessment work periods

of the permits for which the mineral

assessment report is being submitted,

(ii) in clause (d)(ii) by striking out "Part A" and

substituting "Part B".

Alberta Regulation 79/2020

Mines and Minerals Act

MINERAL RIGHTS COMPENSATION

AMENDMENT REGULATION

Filed: May 13, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 153/2020)

on May 13, 2020 pursuant to

section 5 of the Mines and Minerals Act.

1 The Mineral Rights Compensation Regulation

(AR 317/2003) is amended by this Regulation.

Section 1(1) is amended

(

a) by striking out clause (

l) and substituting the

following:

(l) "original lessee" means the person who has, as the

lessee of record, held the cancelled Crown mineral

rights continuously from the date on which the original

agreement was issued;

(

b) in clause (

q) by striking out "the agreement" and

substituting "the cancelled agreement, or any predecessor

to that agreement".

Section 2 is amended by adding the following after

subsection (2):

(3) A notice under this

section must set out an application deadline

at least 30 days after the date when the notice is given with respect to

the application referred to in

section 2.1(1).

4 The following is added after

section 2:

Compensation applications

2.1(1) On or before the application deadline set out under

section

2(3) the lessee may

(

a) submit an application to the Minister with respect to the

compensation payable to the lessee in accordance with this

Regulation that does not include a reclamation allowance

referred to in

section 7, and

(

b) indicate in its application whether the lessee intends to

submit a separate application in respect of the reclamation

allowance referred to in

section 7, which must be separately

applied for, if claimed.

(2) If the lessee does not submit an application on or before the

application deadline, the Minister may determine compensation

based exclusively on the records of the Department.

(3) If the application indicates the lessee's intention to submit a

separate application in respect of the reclamation allowance referred

to in

section 7, the Minister may specify in a notice a separate

deadline with respect to the separate application.

Section 3(3)(

a) is amended by striking out "subsections

(1)(a)" and substituting "subsections (1)(a)(i), (ii)".

Section 4 is amended

(

a) by repealing subsection (1)(

b) and substituting the

following:

(

b) the amount of money paid to the Crown as fees in

connection with the issue of the cancelled agreement as

a result of a division or consolidation of a predecessor

agreement made after the effective date under the Act of

the registration of the transfer of the predecessor

agreement to the person who becomes the lessee of

record,

(

b) by repealing subsection (4)(

a) and substituting the

following:

(

a) that part of the amounts determined under and in

accordance with subsections (1)(a),(b),(c), (2)(a),(b),(

c) and (3) that is the same proportion of all of those

amounts as the surface area of the part of the location is

to the surface area of the location of the agreement,

(a.1) the amount under subsection (2)(

d) that is determined

by the Minister as fairly and reasonably expended in the

exploration for or development of minerals in the part of

the location by prior lessees or others having a

demonstrable interest in the agreement before the

transfer date,

Section 5 is amended

(

a) in subsection (3)(

a) by striking out "of the sums of the

amounts described in

section 3(1)(a)" and substituting "of

the amount described in

section 3(1)(a)(i)";

(

b) by repealing subsection (4)(

a) and substituting the

following:

(a) 1/2 of the part of the amount referred to in

section

3(1)(a)(

i) that is in the same proportion to that amount

as the surface area of the part of the location that

contains the misdescribed zone is to the surface area of

the location of the agreement,

(

c) in subsection (7)(

a) by striking out "the sum of the

amounts determined under and in accordance with

section

4(1)(a), (

b) and (c)," and substituting "the amount

referred to in

section 4(1)(a),";

(

d) in subsection (8)(

a) by striking out "4(1)(a), (

b) and

(c)" and substituting "4(1)(a)".

Section 8 is amended by repealing subsections (2) to

(5) and substituting the following:

(2) The Minister may determine interest for the purposes of

section

3, 4 or 5 only with respect to a period commencing 10 years before

the close-off date and ending on the close-off date.

(3) An interest allowance for which a determination must be made

under subsection (2) must be determined

(

a) at a yearly rate that is 1% greater than the

time-weighted average of the rate of interest established

by Alberta Treasury Branches as its prime lending rate

on loans payable in Canadian dollars, and

(

b) without compounding.

Section 10 is repealed and the following is substituted:

Duty to provide information

10 The lessee must, with respect to any amounts claimed by the

lessee under and in accordance with

section 3, 4 or 5,

(

a) provide evidence satisfactory to the Minister of the

particulars of the amounts claimed in the form of a statutory

declaration, and

(

b) provide, within a timeframe specified in a notice, any other

information that the Minister requires with respect to the

amounts claimed.

Section 11(2) and (3) are repealed and the following is

substituted:

(2) To acquire the mineral rights referred to in subsection (1), the

offeree must pay to the Crown as a bonus for the acquisition of the

agreement an amount equal to the aggregate of

(

a) the compensation paid by the Minister in respect of the

cancelled agreement

(

i) pursuant to the Mineral Rights Compensation

Regulation (AR 161/78), in the case of an agreement

cancelled before this Regulation came into force, or

(ii) pursuant to this Regulation, if an agreement is cancelled

on or after this Regulation comes into force,

if the entire surface area of the location of the cancelled

agreement is contained within the surface area of the location

of the agreement offered pursuant to subsection (1),

(

b) if the surface area of the location of the agreement offered

pursuant to subsection (1) is comprised of only a part of the

surface area of the location of the cancelled agreement, a

portion of the compensation referred to in clause (a)(

i) or (ii)

in the proportion that the area of the cancelled agreement part

of the offered agreement surface area has to the cancelled

agreement surface area, and

(

c) an amount determined by the Minister as the equivalent of

compounded interest that could have been earned on the

amount referred to in clause (a)(

i) or (ii) or (

b) from the date

on which it was paid.

Section 14 is amended by striking out "April 30, 2020"

and substituting "April 30, 2030".

Alberta Regulation 80/2020

Mines and Minerals Act

NATURAL GAS ROYALTY REGULATION, 2009

(HELIUM) AMENDMENT REGULATION

Filed: May 13, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 154/2020)

on May 13, 2020 pursuant to sections 5 and 36 of the Mines and Minerals Act.

1 The Natural Gas Royalty Regulation, 2009 (AR 221/2008)

is amended by this Regulation.

Section 1(1)(

w) is amended by adding ", helium" after

"sulphur".

Section 5(2) is amended by adding the following after

clause (g):

(g.1) quantities of helium must be expressed in cubic metres;

Section 8(5) is amended

(

a) by adding the following after clause (f):

(f.1) with respect to helium, the percentage of the helium

prescribed in

Schedule 6.1;

(

b) in clause (

g) by striking out "(

a) to (f)," and

substituting "(

a) to (f.1),".

Section 15 is amended

(

a) in subsection (3) by adding the following after

clause (f):

(

g) in accordance with

Schedule 6.1, with respect to helium.

(

b) in subsection (4)(

a) by striking out "and sulphur" and

substituting ", sulphur and helium".

6 The following is added after

Schedule 6:

Schedule 6.1

Helium

Definitions

1 In this Schedule,

(a) "corporate average price for helium" or "H-CAP", in relation

to a royalty client and a month, is the corporate average price

for helium established for that royalty client for a month

pursuant to

section 3 of this Schedule;

(b) "Helium Default Price", in relation to a month, is the price

determined from time to time by the Minister for a month

pursuant to

section 5 of this Schedule.

Helium royalty quantity

2(1) The royalty reserved to the Crown on helium extracted at the

well head shall be calculated in accordance with the following

formula:

RH = (5%-HRAF) x VHE

where

RH is the Crown's royalty share of the helium on which the

royalty is payable;

HRAF is the Helium Royalty Adjustment Factor determined by

the Minister pursuant to subsection (3);

VHE is the quantity in m3 of the helium, measured in

accordance with the Minister's direction, extracted at

the well head.

(2) In the event the quantity cannot be measured at the well head the

quantity of helium must be calculated at its first point of measurement.

(3) The Minister may determine, for the purposes of this Schedule,

(

a) a Helium Royalty Adjustment Factor for all wells in Alberta

from which helium may be recovered pursuant to an

agreement, and

(

b) the period of time in respect of which the factor applies.

Determination of royalty client's H-CAP

3(1) Subject to this section, the Minister shall determine the client's

corporate average price for helium for April 2020 and each subsequent

month if

(

a) the royalty client is required to furnish a report under

section

4(1) of this

Schedule in respect of the month, and

(

b) the quantity of helium disposed of by the client in the month

to persons at arm's length from the client is not less than 10%

of the total quantity of helium disposed of by the client in

that month.

(2) The corporate average price for helium determined by the Minister

for a royalty client for a month shall be calculated in accordance with

the following formula:

H-CAP = MTNR

VHS

where

H-CAP is the corporate average price for helium referred to in

section 1(

a) of this Schedule;

MTNR is the royalty client's total net revenue for sales of

helium for the month, calculated in accordance with the

Minister's directions;

VHS is the quantity in m3 of helium sold, measured in

accordance with the Minister's direction, in the sales

described with respect to the variable MTNR.

(3) A royalty client's H-CAP for a month cannot be an amount per m3

less than zero.

(4) A royalty client's H-CAP for a month may be recalculated in

accordance with the Minister's directions.

(5) A royalty client required under subsection (1)(

a) to furnish a

report, and any person associated with that royalty client, must

(

a) whenever requested to do so by the Minister, consent to an

audit or examination of the records of the royalty client or

associated person that are or may be relevant to the

determination of the royalty client's H-CAP for that month,

and

(

b) cooperate with and give all reasonable assistance to the

person conducting the audit or examination requested under

clause (

a) for the purpose of enabling that person to conduct

the audit or examination satisfactorily.

(6) When an audit or examination is requested by the Minister under

subsection (5), the royalty client or associated person has the choice of

having the audit or examination conducted

(

a) by or on behalf of the Minister at the Crown's expense, or

(

b) by an independent auditor approved by the Minister, at the

expense of the royalty client and the persons associated with

the royalty client or any one or more of them.

Report of helium disposition

4(1) A royalty client shall furnish to the Minister for April 2020 and

each subsequent month a report respecting the quantities of helium

disposed of by the client in each month.

(2) A report furnished by a royalty client under subsection (1) may, to

the extent consented to by the Minister, include information regarding

the quantities of helium disposed of by the client in any preceding

month.

(3) A report required to be furnished under subsection (1) in respect of

a month shall be furnished by the royalty client to the Minister by the

10th day of the 2nd month following the month to which the report

relates.

Helium royalty compensation

5(1) The amount of royalty compensation on helium for a royalty

client in a month is an amount calculated by multiplying the helium

royalty quantity

(

a) by the royalty client's H-CAP for the month, in any case

where clause (

b) does not apply, or

(

b) by the Helium Default Price determined by the Minister for

the month if

(

i) the quantity of helium disposed of by the royalty client

in the month to persons at arm's length from the client

is less than 10% of the total quantity of helium disposed

of by the client in that month, or

(ii) the royalty client was given a direction under subsection

(5) and the direction applies to the month.

(2) Subject to subsections (3) and (4), the Helium Default Price for a

month is the last H-CAP calculated for that royalty client or, in the

event an H-CAP for that royalty client has never been calculated, the

Helium Default Price shall be calculated in accordance with the

following formula:

HDP = NMTNR

NVH

where

HDP is the Helium Default Price for the month;

NMTNR is the total net revenue for sales of helium by all royalty

clients in the month to persons at arm's length from the

client, calculated in accordance with the Minister's

directions;

NVH is the quantity in m3 of helium sold, measured in

accordance with the Minister's direction, in the sales

described with respect to the variable NMTNR.

(3) In determining the total net revenue referred to in subsection (2), the

net revenue from any sale included in the determination shall not be less

than zero.

(4) Subject to

section 38 of the Act, the Minister may from time to

time recalculate the H-CAP and Helium Default Price for a month.

(5) If a royalty client or a person associated with the royalty client

refuses to give consent to an audit or examination pursuant to

section

3(5)(

a) of this

Schedule or fails to comply with

section 3(5)(

b) of this

Schedule with respect to an audit or examination conducted under that

section, the Minister may direct that the royalty compensation on

helium for the royalty client in that month be calculated in accordance

with subsection (1)(b).

(6) If the Minister determines that there is insufficient information

available to calculate a Helium Default Price under subsection (2), the

Minister may determine an alternate Helium Default Price for that

month.

--------------------------------

Alberta Regulation 81/2020

Mines and Minerals Act

NATURAL GAS ROYALTY REGULATION, 2017

(HELIUM) AMENDMENT REGULATION

Filed: May 13, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 155/2020)

on May 13, 2020 pursuant to sections 5 and 36 of the Mines and Minerals Act.

1 The Natural Gas Royalty Regulation, 2017 (AR 211/2016)

is amended by this Regulation.

Section 1(1)(

v) is amended by adding ", helium" after

"sulphur".

Section 5(2) is amended by adding the following after

clause (g):

(g.1) quantities of helium must be expressed in cubic metres;

Section 8(5) is amended

(

a) by adding the following after clause (f):

(f.1) with respect to helium, the percentage of the helium

prescribed in

Schedule 6.1;

(

b) in clause (

g) by striking out "(

a) to (f)," and

substituting "(

a) to (f.1),".

Section 16 is amended

(

a) in subsection (3) by adding the following after

clause (f):

(

g) in accordance with

Schedule 6.1, with respect to helium.

(

b) in subsection (4)(

a) by striking out "and sulphur" and

substituting ", sulphur and helium".

6 The following is added after

Schedule 6:

Schedule 6.1

Helium

Definitions

1 In this Schedule,

(a) "corporate average price for helium" or "H-CAP", in relation

to a royalty client and a month, is the corporate average price

for helium established for that royalty client for a month

pursuant to

section 3 of this Schedule;

(b) "Helium Default Price", in relation to a month, is the price

determined from time to time by the Minister for a month

pursuant to

section 5 of this Schedule.

Helium royalty quantity

2(1) The royalty reserved to the Crown on helium extracted at the

well head shall be calculated in accordance with the following

formula:

RH = (5%-HRAF) x VHE

where

RH is the Crown's royalty share of the helium on which the

royalty is payable;

HRAF is the Helium Royalty Adjustment Factor determined by

the Minister pursuant to subsection (3);

VHE is the quantity in m3 of the helium, measured in

accordance with the Minister's direction, extracted at

the well head.

(2) In the event the quantity cannot be measured at the well head the

quantity of helium must be calculated at its first point of measurement.

(3) The Minister may determine, for the purposes of this Schedule,

(

a) a Helium Royalty Adjustment Factor for all wells in Alberta

from which helium may be recovered pursuant to an

agreement, and

(

b) the period of time in respect of which the factor applies.

Determination of royalty client's H-CAP

3(1) Subject to this section, the Minister shall determine the client's

corporate average price for helium for April 2020 and each subsequent

month if

(

a) the royalty client is required to furnish a report under

section

4(1) of this

Schedule in respect of the month, and

(

b) the quantity of helium disposed of by the client in the month

to persons at arm's length from the client is not less than 10%

of the total quantity of helium disposed of by the client in

that month.

(2) The corporate average price for helium determined by the Minister

for a royalty client for a month shall be calculated in accordance with

the following formula:

H-CAP = MTNR

VHS

where

H-CAP is the corporate average price for helium referred to in

section 1(

a) of this Schedule;

MTNR is the royalty client's total net revenue for sales of

helium for the month, calculated in accordance with the

Minister's directions;

VHS is the quantity in m3 of helium sold, measured in

accordance with the Minister's direction, in the sales

described with respect to the variable MTNR.

(3) A royalty client's H-CAP for a month cannot be an amount per m3

less than zero.

(4) A royalty client's H-CAP for a month may be recalculated in

accordance with the Minister's directions.

(5) A royalty client required under subsection (1)(

a) to furnish a

report, and any person associated with that royalty client, must

(

a) whenever requested to do so by the Minister, consent to an

audit or examination of the records of the royalty client or

associated person that are or may be relevant to the

determination of the royalty client's H-CAP for that month,

and

(

b) cooperate with and give all reasonable assistance to the

person conducting the audit or examination requested under

clause (

a) for the purpose of enabling that person to conduct

the audit or examination satisfactorily.

(6) When an audit or examination is requested by the Minister under

subsection (5), the royalty client or associated person has the choice of

having the audit or examination conducted

(

a) by or on behalf of the Minister at the Crown's expense, or

(

b) by an independent auditor approved by the Minister, at the

expense of the royalty client and the persons associated with

the royalty client or any one or more of them.

Report of helium disposition

4(1) A royalty client shall furnish to the Minister for April 2020 and

each subsequent month a report respecting the quantities of helium

disposed of by the client in each month.

(2) A report furnished by a royalty client under subsection (1) may, to

the extent consented to by the Minister, include information regarding

the quantities of helium disposed of by the client in any preceding

month.

(3) A report required to be furnished under subsection (1) in respect of

a month shall be furnished by the royalty client to the Minister by the

10th day of the 2nd month following the month to which the report

relates.

Helium royalty compensation

5(1) The amount of royalty compensation on helium for a royalty

client in a month is an amount calculated by multiplying the helium

royalty quantity

(

a) by the royalty client's H-CAP for the month, in any case

where clause (

b) does not apply, or

(

b) by the Helium Default Price determined by the Minister for

the month if

(

i) the quantity of helium disposed of by the royalty client

in the month to persons at arm's length from the client

is less than 10% of the total quantity of helium disposed

of by the client in that month, or

(ii) the royalty client was given a direction under subsection

(5) and the direction applies to the month.

(2) Subject to subsections (3) and (4), the Helium Default Price for a

month is the last H-CAP calculated for that royalty client or, in the

event an H-CAP for that royalty client has never been calculated, the

Helium Default Price shall be calculated in accordance with the

following formula:

HDP = NMTNR

NVH

where

HDP is the Helium Default Price for the month;

NMTNR is the total net revenue for sales of helium by all royalty

clients in the month to persons at arm's length from the

client, calculated in accordance with the Minister's

directions;

NVH is the quantity in m3 of helium sold, measured in

accordance with the Minister's direction, in the sales

described with respect to the variable NMTNR.

(3) In determining the total net revenue referred to in subsection (2), the

net revenue from any sale included in the determination shall not be less

than zero.

(4) Subject to

section 38 of the Act, the Minister may from time to

time recalculate the H-CAP and Helium Default Price for a month.

(5) If a royalty client or a person associated with the royalty client

refuses to give consent to an audit or examination pursuant to

section

3(5)(

a) of this

Schedule or fails to comply with

section 3(5)(

b) of this

Schedule with respect to an audit or examination conducted under that

section, the Minister may direct that the royalty compensation on

helium for the royalty client in that month be calculated in accordance

with subsection (1)(b).

(6) If the Minister determines that there is insufficient information

available to calculate a Helium Default Price under subsection (2), the

Minister may determine an alternate Helium Default Price for that

month.

--------------------------------

Alberta Regulation 82/2020

Mines and Minerals Act

METALLIC AND INDUSTRIAL MINERALS

ROYALTY AMENDMENT REGULATION

Filed: May 13, 2020

For information only: Made by the Lieutenant Governor in Council (O.C.156/2020)

on May 13, 2020 pursuant to

section 36 of the Mines and Minerals Act.

1 The Metallic and Industrial Minerals Royalty Regulation

(AR 350/93) is amended by this Regulation.

Section 11(

b) is repealed and substituted by the

following:

(b) "quarriable mineral" means a mineral

(

i) that can be quarried and used in its natural state for

building, construction, industrial, manufacturing or

agricultural purposes including, without limitation,

anhydrite, bentonite, diatomite, dolomitic siltstone,

gypsum, granite, limestone, marble, mica, potash,

quartz rock, rock phosphate, sandstone, shale, slate, talc

or volcanic ash, and

(ii) that is vested in or belongs to the Crown in right of

Alberta,

but does not include asphalt, bituminous sands, oil sands,

coal or ammonite shell.

Section 12 is repealed and substituted by the following:

Royalty

12 The royalty reserved to the Crown in right of Alberta on the

quarriable mineral, or a product obtained from the quarriable

mineral, obtained or produced from the location of a lease is,

calculated free and clear of any and all deductions, as follows:

(

a) on bentonite, $0.11 per tonne;

(

b) on volcanic ash, $0.0655 per cubic metre;

(

c) on limestone, shale, granite, slate, gypsum, sandstone,

dolomitic siltstone and building stone, $0.0441 per tonne;

(

d) on silica sand obtained by processing sandstone on the

location of a sandstone lease, $0.37 per tonne.

Section 13 is amended by striking out "the quarriable

mineral" and substituting "the quarriable mineral, or a product

obtained from the quarriable mineral,".

Section 16.1 is repealed.

--------------------------------

Alberta Regulation 83/2020

Adult Guardianship and Trusteeship Act

ADULT GUARDIANSHIP AND TRUSTEESHIP

AMENDMENT REGULATION

Filed: May 13, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 157/2020) on

May 13, 2020 pursuant to

section 116 of the Adult Guardianship and Trusteeship Act.

1 The Adult Guardianship and Trusteeship Regulation

(AR 219/2009) is amended by this regulation.

Section 15(1)(b)(vii) is amended by striking out "$300"

and substituting "$500".

Section 24(4)(

a) is amended by striking out "6 months"

and substituting "12 months".

Section 47 is amended

(

a) in subsection (3)

(

i) in clause (

a) by striking out "Form 19" and

substituting "Form 14";

(ii) in clause (

b) by striking out "Form 20" and

substituting "Form 15";

(

b) in subsection (4)

(

i) in clause (

a) by striking out "Form 19" and

substituting "Form 14";

(ii) in clause (

b) by striking out "Form 20" and

substituting "Form 15";

(

c) in subsection (6) by striking out "Form 23" and

substituting "Form 18".

Section 52(

d) is amended by striking out "Form 23" and

substituting "Form 18".

Section 55 is amended

(

a) in subsection (3)

(

i) in clause (

a) by striking out "Form 19" and

substituting "Form 14";

(ii) in clause (

b) by striking out "Form 20" and

substituting "Form 15";

(iii) in clause (

e) by striking out "Form 22" and

substituting "Form 17";

(

b) in subsection (4)

(

i) in clause (

a) by striking out "Form 19" and

substituting "Form 14";

(ii) in clause (

b) by striking out "Form 20" and

substituting "Form 15";

(iii) in clause (

e) by striking out "Form 22" and

substituting "Form 17".

7 The following is added after

section 60:

Duty of review officer

60.1 Except where the applicant is seeking an order dispensing

with service on the assisted person or represented person, the review

officer shall make reasonable efforts to

(

a) meet with the assisted person or represented person in

person,

(

b) explain to the assisted person or represented person

(

i) the nature and purpose of the application, and

(ii) that the assisted person or represented person has the

right to attend and make representations at the hearing,

and

(

c) ascertain the views and wishes of the assisted person or

represented person respecting the application.

Section 61(

b) is amended by repealing subclause (

i) and

substituting the following:

(

i) an inventory, in Form 37, to which is attached a current

copy of the certificate of title for any land identified in

the inventory,

Section 62 is amended

(

a) in subsection (1)

(

i) in clause (

a) by striking out "Form 19" and

substituting "Form 14";

(ii) in clause (

b) by striking out "Form 20" and

substituting "Form 15";

(

b) in subsection (2) by striking out "Form 23" and

substituting "Form 18".

Section 63(2)(

d) is amended by striking out "Form 21"

and substituting "Form 16".

Section 67(2)(

d) is amended by striking out "Form 23"

and substituting "Form 18".

Section 70 is amended

(

a) in clause (

a) by striking out "Form 19" and

substituting "Form 14";

(

b) in clause (

b) by striking out "Form 20" and

substituting "Form 15";

(

c) in clause (

d) by striking out "Form 22" and

substituting "Form 17".

Section 75(1) is amended

(

a) by striking out "and" at the end of clause (a),

(

b) by repealing clause (

b) and substituting the

following:

(

b) an affidavit, in Form 40, and

(

c) any other documents the interested person intends to

rely on in support of the application.

Schedule 2 is amended

(

a) by repealing Form 14 and substituting the

following:

Form 14

Application for Appointment of Guardian or Trustee, Review of

Guardianship or Trustee Order or Examination

and Approval of Trustee's Accounts (in any combination)

Court File Number

Court

Court of Queen's Bench of Alberta (Surrogate Matter)

Judicial Centre

Full name of the person

whom the application is

about (the "adult")

Document

Application

Applicant

APPLICANT'S ADDRESS FOR SERVICE (Lawyer information)

[] This

section is not applicable

Law firm name

Responsible lawyer's name

Lawyer's file number

Address

City

Province

Postal code

Country

Phone

Fax

Email

APPLICANT'S ADDRESS FOR SERVICE (Non-lawyer application)

[] This

section is not applicable

Address

City

Province

Postal code

Country

Phone

Fax

Email

1 Information About the Application and Applicant

1.1 Are you proposing that your application proceed as a desk application or by

hearing?

[] Desk

You submit the application documents to a review officer. The review officer will serve or

send notice of the application to everyone who is required to be served or notified and will

file the application documents with the Court. A court hearing before a judge will be

required only if someone requests a hearing or a judge directs a hearing.

[] Hearing

You begin by filing the application documents with the clerk of the Court and setting a date

for a hearing before a judge. You must then serve or send notice of the application and

hearing to the adult, the review officer and various other persons. You will need to complete

and file affidavits of service and attend the hearing, either in person or by legal counsel.

1.2 For what type(

s) of order are you applying? (check all that apply)

Appointment of guardian(

s) for the adult

Appointment of trustee(

s) for the adult

Review of a guardianship order granted on (original appointment)

and most recently reviewed (if ever) on (last review)

Review of a trusteeship order granted on (original appointment)

and most recently reviewed (if ever) on (last review)

Examination and approval of accounts for a trusteeship order granted

on (original appointment) and for which accounts were most recently

approved (passed) on (last review)

1.3 What is your relationship to the adult?

I am the adult's:

Parent

Child

Spouse

Brother/sister

Adult interdependent partner

Other (describe)

2 Information About the Adult

2.1 What is the adult's name, date of birth and marital status?

Adult's full name

Other name (maiden /

nickname)

Date of birth

yyyy

Marital status

[] Adult interdependent partnership

[] Divorced

[] Married

[] Separated

[] Single

[] Widowed

[] Unknown

2.2 What is the adult's permanent address?

Name of residential facility

(if applicable)

Address

Suite

City

Province

Postal code

Country

Phone

2.3 What is the adult's present address (if different from permanent address)?

Name of residential facility

(if applicable)

Address

Suite

City

Province

Postal code

Country

Phone

3 Information About Current and Proposed Decision-Making

Arrangements for the Adult

3.1 Does the adult already have a supporter under a supported decision-making

authorization or a co-decision-maker, guardian or trustee?

[] Yes

[] No

Next review date

YYYY

Supporter

Co-decision-maker

Guardian

Trustee

3.2 Provide the following information for each person who is currently a

decision-maker or is proposed as a decision-maker for the adult. Indicate the current

and proposed position(

s) for each person, as applicable.

Full name

Address

City

Province

Postal code

Country

Phone

Fax

Email

Relationship to the adult

Currently:

Guardian

Trustee

Co-decision-maker

Alternate

guardian

Alternate

trustee

Supporter

Proposed as:

Guardian

Trustee

Alternate

guardian

Alternate

trustee

3.3 Has the adult signed an enduring power of attorney?

[] Yes

[] No

If yes, provide the following information for each attorney.

Full name

Address

City

Province

Postal code

Country

Phone

Fax

Email

Relationship to the adult

3.4 Does the adult have a personal directive?

[] Yes

[] No

If yes, provide the following information for the agent:

Full name

Address

City

Province

Postal code

Country

Phone

Fax

Email

Relationship to the adult

Areas of agent's authority that may impact the application

4 Information About Family Members and Other Interested Persons

4.1 Provide the following information for each living family member of the adult who

fits into any of the following categories, lives in Canada, and has not already been

listed in any of the questions above:

- Spouse

- Parents

- Children 18 years of age or older

- Adult interdependent partner

- Brothers and sisters 18 years of age or older

Full name

Address

City

Province

Postal code

Country

Phone

Fax

Email

Relationship to the adult

4.2 If the adult is defined as an Indian by the Indian Act, is a member of a band and is

ordinarily resident on a reserve, provide the following information:

Name of band

Address of band office

City

Province

Postal code

Country

Phone

Fax

4.3 If there are any other interested persons who are 18 years of age or older who you

think should be given notice of this application, provide their contact information and

their relationship to the adult.

Full name

Address

City

Province

Postal code

Country

Phone

Fax

Email

Relationship to the adult

5 Information for Proposed Guardianship Order/Guardianship Order

Review

Complete this

section if you are applying for the appointment of a guardian or a review

of a guardianship order.

5.1 If you are applying for a review of a guardianship order, what are you requesting

the Court to do? (check all that apply)

[] Continue the guardianship order

[] as is, without any amendment (except for the required review date, if any)

[] with amendments as requested in the application

[] Terminate the guardianship order

[] Replace the guardianship order*

[] Discharge the following person(

s) as guardian or alternate guardian:

* If the current order was issued under the Dependent Adults Act and you are

not requesting the Court to terminate it, the order must be replaced with an

order with wording that conforms with the Adult Guardianship and

Trusteeship Act.

5.2 If you are requesting that the Court make, continue or replace a guardianship

order, indicate the personal matters for which the guardian currently has authority, if

applicable, and any personal matters for which you are proposing the guardian be given

authority (check all that apply).

Current

Proposed

Matter

the adult's health care

where, with whom and under what conditions the adult

is to live, either permanently or temporarily

the persons with whom the adult may associate

the adult's participation in social activities

the adult's participation in any educational, vocational

or other training

the adult's employment

the carrying on of any legal proceeding that does not

relate primarily to the financial matters of the adult

to decide whether the dependent adult should apply for

any licence, permit, approval or other consent or

authorization required by law

to make normal day-to-day decisions on behalf

of the dependent adult including the diet and dress of the

dependent adult

any other personal matter the Court considers

necessary, specifically __________________

* These matters are not specifically provided for by the Adult Guardianship

and Trusteeship Act but may be identified in a guardianship order under

the Dependent Adults Act.

5.3 If 2 or more guardians have been appointed or will be appointed for the adult, are

you requesting the Court to make an order under

section 31(2) of the Adult

Guardianship and Trusteeship Act?

[] Not applicable (only one guardian is or will be appointed)

[] No (guardians to act separately)

[] Yes (check all that apply)

Give (name of guardian) exclusive authority to act and make decisions

respecting the following personal matters of the adult:

Authorize the guardians to act separately in respect of the following personal

matters of the adult:

Require the guardians to act jointly in respect of the following personal

matters of the adult:

5.4 Does the capacity assessment report indicate that the adult's capacity to make

decisions in personal matters is likely to improve?

[] Yes

[] No

If yes, you must propose a review date below. If no, you may propose a review date or

request the Court not to require a review within a certain period.*

I propose that the Court require the guardianship order to be reviewed

within year(s).

I propose that the Court not require the guardianship order to be reviewed within

a certain period.

*Your affidavit must state why you believe your proposal regarding review

of the order is in the best interests of the adult.

6 Information for Proposed Trusteeship Order/Trusteeship Order Review

Complete this

section if you are applying for the appointment of a trustee or a review of

a trusteeship order.

6.1 If you are applying for a review of a trusteeship order, what are you requesting the

Court to do? (check all that apply)

[] Continue the trusteeship order

[] as is, without any amendment (except for the required review date,

if any)

[] with amendments as requested

[] Terminate the trusteeship order

[] Replace the trusteeship order*

[] Discharge the following person(

s) as trustee or alternate trustee:

* If the current order was issued under the Dependent Adults Act and you are

not requesting the Court to terminate it, the order must be replaced with an

order with wording that conforms with the Adult Guardianship and

Trusteeship Act.

6.2 Are you requesting that the Court give the trustee any special authority

or direction or impose any special limitation or condition on the trustee's authority?

[] No

[] Yes

If yes, indicate the special authority or direction you are requesting.

Limit the trustee's authority to the following property or financial matters of the

adult:

Extend the trustee's authority to the following land outside of Alberta, subject to

the laws of the jurisdiction in which the land is located:

Authorize the trustee to permit the adult to open or maintain a deposit account at

a financial institution, subject to any conditions that may be imposed by the

Court, including:

Maximum permitted monthly deposit amount $

Maximum permitted account balance $

Authorize the trustee to sell, transfer, or encumber the following real property of

the adult:

Authorize the trustee to purchase the following real property on behalf of the

adult:

Give exclusive authority to (name of trustee) over the following

financial matters of the adult:

Authorize any one of the trustees to act separately in respect of the following

financial matters of the adult:

Approve the following bond or other security to be provided by a non-resident

trustee or alternate trustee:

Dispense with the requirement for a non-resident trustee or alternate trustee to

provide a bond or other security.

6.3 Does the capacity assessment report indicate that the adult's capacity to make

decisions in financial matters is likely to improve?

[] Yes

[] No

If yes, you must propose a review date below. If no, you may propose a review date or

request the Court not to require a review within a certain period.*

I propose that the Court require the trusteeship order to be reviewed

within year(s).

I propose that the Court not require the trusteeship order to be reviewed within a

certain period.

* Your affidavit must state why you believe your proposal regarding review

of the order is in the best interests of the adult.

6.4 What is your proposal regarding periodic examination and approval of the trustee's

accounts by the Court?*

I propose that the Court require the trustee to submit accounts for the Court's

examination and approval within year(s).

I propose that the Court not require the trustee to submit accounts for the

Court's examination and approval within a certain period.

* Your affidavit must state why you believe your proposal regarding periodic

examination and approval of the accounts is in the best interests of the adult.

7 Information for Examination and Approval of Trustee's Accounts

7.1 The Court is requested to examine and approve the trustee's accounts for the

accounting period from (start date) to (end date) .

7.2 What order are you requesting the Court to make regarding the trustee's

compensation for the accounting period?

I am requesting the Court to approve the taking of compensation for the

accounting period in accordance with an election made under

section 66(2)

of the Act.

I am requesting the Court to set the trustee's compensation and approve the

taking of compensation for the accounting period.

I am not requesting compensation for the accounting period.

Other (describe).

7.3 What is your proposal regarding periodic examination and approval of the trustee's

accounts by the Court?*

I propose that the Court require the trustee to submit accounts for the Court's

examination and approval within year(s).

I propose that the Court not require the trustee to submit accounts for the

Court's examination and approval within a certain period.

* Your affidavit must state why you believe your proposal regarding periodic

examination and approval of the accounts is in the best interests of the adult.

8 Other Documents Submitted with Application

8.1 Along with this application form, I am submitting the following application

documents to be filed with the clerk of the Court (check all that apply):

Affidavit of applicant (Form 15)

Capacity assessment report (Form 4 of the Adult Guardianship and

Trusteeship (Ministerial) Regulation) dated* (yyyy-mm-dd)

* The capacity assessment report must not be dated more than 6 months before you

start the application unless you are specifically requesting the Court to accept an

older report. You may make such a request by completing item 10.2 below.

Guardianship plan (Form 32)

Guardian's record of decisions (Form 33)

Trusteeship plan (Form 34 or 35)

Consent to act of each proposed guardian (Form 24 or 25)

Consent to act of each proposed alternate guardian (Form 26)

Consent to act of each proposed trustee (Form 27 or 28)

Consent to act of each alternate trustee (Form 29)

Notice of application and hearing (if proposing that application proceed by

hearing) (Form 17)

If current decision-making arrangements exist for the adult:

[]N/A

Supported decision-making authorization

Personal directive

Enduring power of attorney

Co-decision-making order

Previously granted guardianship order

Previously granted trusteeship order

If applying to appoint a trustee, either:

[]N/A

Inventory of the adult's assets and liabilities (Form 37), or

Undertaking of trustee(

s) to file inventory after appointment (item 5 of

trustee consent: Form 27)

If applying for examination and approval of trustee's accounts:

[]N/A

Overview of trusteeship accounts (Form 38)

Inventory (Form 37)

Statement of transactions (Form 36)

Other (describe):

8.2 Personal references

This

section is not applicable.

I am submitting or will submit to a review officer two personal references

for each proposed guardian, alternate guardian, trustee or alternate trustee

who is not already a guardian, alternate guardian, trustee or alternate

trustee, where required by the Adult Guardianship and Trusteeship

Regulation. I understand that these documents will not be filed with the

Court unless the Court subsequently directs the review officer to do so.

9 Request to Dispense with Service or Notice

This

section is not applicable.

9.1 The Court may dispense with service of the application documents on the adult in

certain circumstances if the Court is satisfied service would be harmful to the adult. Are

you requesting the Court to dispense with service of the application documents on the

adult?

Yes

9.2 Are you requesting the Court to dispense with the requirement to give notice of the

application to a person (other than the adult) to whom notice must otherwise be given?

Yes

If yes, give the following information for each person for whom you are asking the

Court to dispense with notice. Your affidavit must state why you are requesting the

Court to dispense with the requirement to give notice to this person.

____________________________

Name of person

____________________________

Person's relationship to adult

Note: If you are making a desk application and you request the Court to dispense with

notice to a person, the review officer will NOT send notice of the application

to that person. If the Court decides not to dispense with notice to the person, a decision

on your application will be delayed until the person is notified and given an opportunity

to respond.

10 Costs and Other Matters

10.1 How or by whom do you request all or part of the costs (i.e. legal fees, if

applicable, and disbursements) of the application to be paid?

I am asking the Court to order that my lawyer's fees for this application in

the amount of $__________, plus reasonable disbursements, be paid by or

from the property of the adult.

I am asking the Court to order that my lawyer's fees for this application in

an amount to be assessed, plus reasonable disbursements, be paid by or

from the property of the adult.

I am asking the Court to order that the reasonable disbursements only be

paid by or from the property of the adult.

I am asking the Court to order that the costs be paid by the Crown and

have provided supporting information in my affidavit.

I am not asking the Court to make an order regarding costs. I will pay the

costs myself.

Other: _____________________________________________

10.2 Are you requesting the Court to give any direction, approval or dispensation not

already described in this application?

Yes. If yes, describe the requested direction, approval or dispensation:

___________________________________________________

If you are providing a draft order with your application, it must include

terms to match any requested direction, approval, or dispensation identified

in item 10.2.

____________________________

Applicant's signature or signature

of lawyer on behalf of applicant

_______________

Date

(

b) by repealing Form 15 and substituting the

following:

Form 15

Affidavit of Applicant

Appointment of Guardian or Trustee, Review of

Guardianship or Trusteeship Order, or

Examination and Approval of Trustee's Accounts

(in any combination)

Court File Number

Court

Court of Queen's Bench of Alberta (Surrogate Matter)

Judicial Centre

Full name of the person

whom the application is

about (the "adult")

Document

Affidavit of Applicant

The contents of this affidavit must be adjusted as necessary to ensure that your affidavit

accurately reflects the circumstances of your application.

___________________________

_______________________________,

Name

Address

having personal knowledge of the facts and matters referred to in this affidavit except

where stated to be based on information and belief, swear or affirm as follows:

1 Information Required for All Applications

This

section of the affidavit must be completed for all applications.

1.1 [] I make this affidavit in support of my application to appoint a

[] guardian

[] trustee

for _____________________ who is referred to in this affidavit

as the "adult".

[] Not applicable

1.2 [] I am a

[] guardian

[] trustee

for _____________________ who is referred to in this affidavit

as the "adult".

I make this affidavit in support of my application for a(n)

[] review of a guardianship order

[] review of a trusteeship order

[] examination and approval of trustee's accounts for the accounting period

beginning __________ and ending ___________.

[] Not applicable

1.3 I have personally completed or carefully read the application form and all other forms

and documents set out in item 8 of the application form, and to the best of my knowledge

the information in them is accurate and complete.

2 Information Required for Appointment of Guardian

This

section of the affidavit must be completed if you are applying for the

APPOINTMENT OF A GUARDIAN (or a guardian AND trustee) for the adult.

Otherwise, the

section should be omitted.

2.1 I believe the adult lacks the capacity to make decisions about the personal matters for

which I am requesting the Court to appoint a guardian. This belief is based on my review

of the capacity assessment report.

2.2 The following alternative measures that are less intrusive and less restrictive than

guardianship have been IMPLEMENTED and have not been effective in meeting the

adult's needs for the following reason(s):

See note following paragraph 2.3. Describe alternative measures (e.g. supported

decision-making, co-decision-making) that have been implemented and indicate why

they were not effective in meeting the adult's needs, indicating the source of your

information. If alternative measures have not been implemented, say "None".

2.3 The following alternative measures that are less intrusive and less restrictive than

guardianship have been CONSIDERED and are not likely to be effective in meeting the

needs of the adult for the following reasons:

Describe alternative measures (e.g. supported decision-making, co-decision-making)

that have been considered and indicate why they are unlikely to be effective in meeting

the adult's needs, indicating the source of your information. If alternative measures

have not been considered, say "None".

Note: To make a guardianship order the Court must be satisfied that less intrusive and

less restrictive alternative measures have either been implemented and have not been

effective or have been considered and are unlikely to be effective.

2.4 In addition to information set out elsewhere in this affidavit, I have the following

reasons for believing it would be in the adult's best interests for the Court to make the

guardianship order requested in my application:

You should address the matters set out in

section 26(7) of the Act. IF YOU HAVE NO

ADDITIONAL INFORMATION, SAY "NONE".

2.5 I believe that each proposed guardian and each proposed alternate guardian (if any)

will act in the best interests of the adult and is suitable as a guardian for the adult. This

belief is based on the following information:

You should address the matters set out in

section 28(1) of the Act because they must be

considered by the Court.

2.6 I believe that my proposal with respect to periodic review of the guardianship order

by the Court, as set out in item 5.4 of the application form, is in the best interests of the

adult for the following reasons:

_________________________________________________________________________

_______________________________________________________________________

3 Information Required for Appointment of Trustee

This

section of the affidavit must be completed if you are applying for the

APPOINTMENT OF A TRUSTEE (or a guardian AND trustee) for the adult.

Otherwise, the

section should be omitted and the following sections and paragraphs

renumbered accordingly.

3.1 I believe the adult lacks the capacity to make decisions about financial matters. This

belief is based on my review of the capacity assessment report.

3.2 I believe that less intrusive and less restrictive alternative measures than trusteeship

would not adequately protect the adult's interests in respect of financial matters, for the

following reasons:

Describe any measures for managing the adult's financial affairs, other than

trusteeship. that have been implemented or considered (e.g. an enduring power of

attorney, appointment of an AISH benefits administrator) and indicate why such

measures are or would be inadequate to protect the adult's financial interest,

indicating the source of your information.

3.3 In addition to information set out elsewhere in this affidavit, I have the following

reasons for believing it would be in the adult's best interests for the Court to make the

trusteeship order requested in my application:

You should address the matters set out in

section 46(7) of the Act. IF YOU HAVE NO

ADDITIONAL INFORMATION, SAY "NONE".

3.4 I believe that each proposed trustee and each proposed alternate trustee

(if any) will act in the best interests of the adult and is suitable as a trustee for the adult.

This belief is based on the following information:

You should address the matters set out in

section 49(1)(

a) of the Act because they must

be considered by the Court.

3.5 I believe that my proposal with respect to periodic examination and approval of the

trustee's accounts by the Court, as set out in item 6.4 of the application form, is in the best

interests of the adult for the following reasons:

_________________________________________________________________________

_______________________________________________________________________

3.6 I believe that my proposal with respect to periodic review of the trusteeship order by

the Court, as set out in item 6.3 of the application form, is in the best interests of the adult

for the following reasons:

_________________________________________________________________________

_______________________________________________________________________

3.7 Add additional paragraphs as necessary to provide information in support of any

special authority or direction that is being sought in relation to financial matters of the

adult, such as authority to sell real property, or an order dispensing with the requirement

for an out-of-province trustee or alternate trustee to provide a bond:

_________________________________________________________________________

_______________________________________________________________________

4 Information Required for Review of Guardianship Order - Continuing

Order

This

section of the affidavit must be completed if you are applying for the REVIEW OF

A GUARDIANSHIP ORDER to CONTINUE the order. Otherwise, the

section should

be omitted.

Complete items 4.1 to 4.5 only if you are applying to continue a guardianship order.

4.1 I believe the adult continues to lack the capacity to make decisions about the personal

matters for which I am requesting the Court to continue the authority of the guardian. This

belief is based on my review of the capacity assessment report.

4.2 I believe that less intrusive and less restrictive alternative measures than guardianship

would not be effective in meeting the adult's needs for the following reason(s):

Describe alternative measures (e.g. supported decision-making, co-decision-making)

that have been implemented or considered and indicate why they have not been

effective in meeting the adult's needs or are unlikely to be effective in meeting the

adult's needs. Indicate the source of your information and belief.

4.3 In addition to information set out elsewhere in this affidavit, I have the following

reasons for believing it would be in the adult's best interests for the Court to continue the

guardianship order with amendments, if any, requested in my application:

You should address the matters set out in

section 26(7) of the Act. IF YOU HAVE NO

ADDITIONAL INFORMATION, SAY "NONE".

4.4 I believe that each proposed guardian and proposed alternate guardian (if any) will act

in the best interests of the adult and is suitable as a guardian for the adult. This belief is

based on the following information:

You should address the matters set out in

section 28(1) of the Act because they must be

considered by the Court.

4.5 I believe that my proposal with respect to periodic review of the guardianship order by

the Court, as set out in item 5.4 of the application form, is in the best interests of the adult

for the following reasons:

5 Information Required for Review of Guardianship Order - Terminating

Order

This

section of the affidavit must be completed if you are applying for the REVIEW OF

A GUARDIANSHIP ORDER TO TERMINATE the order. Otherwise, the

section

should be omitted.

5.1 I believe that the adult is no longer in need of a guardian for the following

reasons:

_____________________________________________________________________

_____________________________________________________________

5.1 I believe that an order terminating the guardianship order should be made for the

following reasons:

You should address the matters set out in

section 40(5)(

b) of the Act because they must

be considered by the Court.

5.2 I believe that the following suitable arrangements have been made or will be

made in respect of the adult:

_____________________________________________________________________

_____________________________________________________________

5.2 I believe that another guardianship order in respect of the represented person has

been or will be made.

6 Information Required for Review of Guardianship Order - Discharging

Guardian and Appointing New Guardian

This

section of the affidavit must be completed if you are applying for the REVIEW OF

A GUARDIANSHIP ORDER for an order to DISCHARGE the guardian and

APPOINT a new guardian. Otherwise, the

section should be omitted.

6.1 I believe that an order discharging the guardian and appointing a new guardian

should be made for the following reasons:

You should address the matters set out in

section 40(5)(

b) of the Act because they must

be considered by the Court.

7 Information Required for Review of Trusteeship Order

Continuing Order

This

section of the affidavit must be completed if you are applying for the REVIEW OF

A TRUSTEESHIP ORDER to CONTINUE the order. Otherwise, the

section should be

omitted.

7.1 I believe the adult continues to lack the capacity to make decisions about financial

matters. This belief is based on my review of the capacity assessment report.

7.2 I believe that less intrusive and less restrictive alternative measures than trusteeship

would not adequately protect the adult's interests in respect of financial matters, for the

following reasons:

Describe any measures for managing the adult's financial affairs, other than

trusteeship, that have been implemented or considered (e.g. an enduring power of

attorney, appointment of an AISH benefits administrator) and indicate why such

measures are or would be inadequate to protect the adult's financial interests,

indicating the source of your information.

7.3 In addition to information set out elsewhere in this affidavit, I have the following

reasons for believing it would be in the adult's best interests for the Court to continue the

trusteeship order with amendments, if any, requested in my application:

You should address the matters set out in

section 46(7) of the Act. IF YOU HAVE NO

ADDITIONAL INFORMATION, SAY "NONE".

7.4 I believe that each proposed trustee and proposed alternate trustee (if any) will act in

the best interests of the adult and is suitable as a trustee for the adult. This belief is based

on the following information:

You should address the matters set out in

section 49(1)(

a) of the Act because they must

be considered by the Court.

7.5 I believe that my proposal with respect to periodic review of the trusteeship order by

the Court, as set out in item 6.3 of the application form, is in the best interests of the adult

for the following reasons:

7.6 I believe that my proposal with respect to the periodic examination and approval of the

trustee's accounts by the Court, as set out in item 6.4 of the application form, is in the best

interests of the adult for the following reasons:

8 Information Required for Review of Trusteeship Order

Terminating Order

This

section of the affidavit must be completed if you are applying for the REVIEW OF

A TRUSTEESHIP ORDER to TERMINATE the order. Otherwise, the

section should

be omitted.

8.1 I believe that the adult is no longer in need of a trustee for the following reasons:

8.1 I believe that an order terminating the trusteeship order should be made for the

following reasons:

You should address the matters set out in

section 70(5)(

b) of the Act because they must

be considered by the Court.

8.2 I believe that the following suitable arrangements have been made or will be made in

respect of the adult:

_________________________________________________________________________

_______________________________________________________________________

8.2 I believe that another trusteeship order in respect of the represented person has been

or will be made.

9 Information Required for Review of Trusteeship Order

Discharging Trustee and Appointing New Trustee

This

section of the affidavit must be completed if you are applying for the REVIEW OF

A TRUSTEESHIP ORDER for an order to DISCHARGE the trustee and APPOINT a

new trustee. Otherwise, the

section should be omitted.

9.1 I believe that an order discharging the trustee and appointing a new trustee should be

made for the following reasons:

You should address the matters set out in

section 70(5)(

b) of the Act because they must

be considered by the Court.

10 Information Required for Examination and Approval of Trustee's

Accounts

This

section of the affidavit must be completed if you are a trustee who is applying for

the EXAMINATION AND APPROVAL OF YOUR TRUSTEE'S ACCOUNTS.

Otherwise, the

section should be omitted.

10.1 The financial statements submitted in support of my application referred to in item 8

of the application form

[] show all property and liabilities (debts) of the adult that I have been able

to ascertain by the exercise of reasonable care, skill and diligence, and

[] show all transactions respecting the adult's property for the accounting period,

including payments made or received and property acquired or disposed by the

sale or otherwise.

10.2 During this accounting period, all of my actions as trustee have been taken in the

best interests of the adult and in accordance with the trusteeship order and the trusteeship

plan approved by the Court.

10.3 I believe that my proposal with respect to the periodic examination and approval of

trusteeship accounts by the Court, as set out in item 7.3 of the application form, is in the

best interests of the adult for the following reasons:

_________________________________________________________________________

_______________________________________________________________________

11 Request to Dispense with Service or Notice

Include this

section only if you are requesting the Court to dispense with the

requirement to serve the application on or send notice of the application to a particular

person. If you are requesting the Court to dispense with service or notice to two or

more persons, include a separate paragraph for each person.

11.1 I am requesting the Court to dispense with the requirement to send notice of the

application to (name of person) for the following reasons:

State the facts that support your request for the Court to dispense with service or notice

to the person.

12 Other Matters

If you are requesting the Court to give any direction, approval or dispensation in item 10.2

of the application form, enter information in support of that request here:

_________________________________________________________________________

_______________________________________________________________________

13 Costs

This

section should only be completed if you are requesting the Court to make an order

that the Crown in right of Alberta pay the costs of the application.

13.1 To the best of my information and belief, the adult's financial resources and

obligations are as follows:

Estimated monthly income from all sources

Estimated value of cash and liquid assets, including bank accounts, GICs,

investments and all assets that can readily be converted into cash

Estimated value of real property (e.g. real estate, mineral rights, leases)

and personal property not mentioned above

Estimated total debts

13.2 It would be a hardship for me, as applicant, to pay the costs of this application

personally.

13.3 It would be a hardship for the adult to pay the costs of this application or for the

costs of the application to be paid out of the adult's property.

14 Sworn or Affirmed Affidavit

Sworn or affirmed before me on

__________________, 20____,

at ________________, Alberta

__________________________

Notary Public/Commissioner for

Oaths in and for Alberta

_______________________________

Applicant's signature

(

c) by repealing Form 16 and substituting the

following:

Form 16

Notice of Application

Appointment of Guardian or Trustee,

Review of Guardianship or Trusteeship Order, or

Examination and Approval of Trustee's Accounts

(in any combination)

Court File Number

Court

Court of Queen's Bench of Alberta (Surrogate Matter)

Judicial Centre

Full name of the person

whom the application is

about (the "adult")

Document

Notice of Application

Applicant

1 [] An application has been started by ___________________ to appoint one or

more persons as

[] guardian(s)

[] trustee(

s) for _______________________ (the "adult") on the ground that the adult

lacks capacity to make decisions about personal matters or financial matters.

[] An application has been started by ___________________ for

[] review of a guardianship order

[] review of a trusteeship order

[] examination and approval of the trustee's accounts for the accounting

period beginning ______________ and ending _______________

in respect of _______________________ (the "adult").

2 The application requests the Court to appoint or continue the appointment of the

following person(

s) to the positions indicated:

Name

Relationship to

adult

Proposed position

Guardian

Trustee

Alternate guardian

Alternate trustee

3 The application requests the Court to do the following upon reviewing the

guardianship order:

[] Continue the guardianship order

[] as is, without any amendment (except for the required review date,

if any)

[] with amendments as requested

[] Terminate the guardianship order

[] Replace the guardianship order

[] Discharge the following person(

s) as trustee or alternate guardian:

[] This item is not applicable.

4 The application requests the Court to do the following upon reviewing the

trusteeship order:

[] Continue the trusteeship order

[] as is, without any amendment (except for the required review date,

if any)

[] with amendments as requested

[] Terminate the trusteeship order

[] Replace the trusteeship order

[] Discharge the following person(

s) as trustee or alternate trustee:

[] This item is not applicable.

5 [] If a guardian is being appointed for the first time, the application

requests the Court to give authority to the guardian for the following

PROPOSED personal matters.

[] If a guardianship order is being reviewed, the following are the

personal matters for which the guardian CURRENTLY has authority

The application requests the Court to give authority to the guardian for

the following PROPOSED personal matters.

Current

Proposed

Matter

the adult's health care

where, with whom and under what conditions the adult

is to live, either permanently or temporarily

the persons with whom the adult may associate

the adult's participation in social activities

the adult's participation in any educational, vocational

or other training

the adult's employment

the carrying on of any legal proceeding that does not

relate primarily to the financial matters of the adult

to decide whether the dependent adult should apply for

any licence, permit, approval or other consent or

authorization required by law

to make normal day-to-day decisions on behalf

of the dependent adult including the diet and dress of the

dependent adult

any other personal matter the Court considers

necessary, specifically __________________

* These matters are not specifically provided for by the Adult Guardianship

and Trusteeship Act but may be identified in a guardianship order under

the Dependent Adults Act.

6 The application requests the Court to examine and approve the trustee's accounts for

the accounting period from (start date) to (end date) .

You have received an Overview of Trusteeship Accounts along with the Notice of

Application.

[] This item is not applicable.

7 Subject to certain limitations, a trustee appointed under the Adult Guardianship and

Trusteeship Act has authority to do anything in relation to the adult's financial affairs

that the adult could do if the adult had capacity. One limitation is that a trustee other

than the Public Trustee cannot sell land owned by the adult unless expressly authorized

to do so by the Court.

This item is not applicable.

The application requests the Court to authorize the trustee to sell land owned by

the adult.

8 The Court may consider the application and grant an order without holding a hearing

unless a hearing is requested in accordance with the regulations. Any interested person

is entitled to request a hearing.

9 You have received a blank Request for Hearing form along with this notice.

You may request the Court to hold a hearing regarding the application by completing

the Request for Hearing and submitting it to a review officer on or before this date:

________________________________

10 The following documents have been submitted in support of this application:

Application form

Consent to act

Affidavit of applicant

Capacity assessment report

Guardianship plan

Trusteeship plan

Guardian's record of decisions

Financial statements

To make enquiries about the application, you may contact the review officer

by phone at ____________________.

The review officer's name is _______________________.

The review officer's file number is __________________.

(

d) by repealing Form 17 and substituting the

following:

Form 17

Notice of Application and Hearing

Appointment of Guardian or Trustee,

Review of Guardianship or Trusteeship Order, or

Examination and Approval of Trustee's Accounts

(in any combination)

Court File Number

Court

Court of Queen's Bench of Alberta (Surrogate Matter)

Judicial Centre

Full name of the person whom

the application is about

(the "adult")

Document

Notice of Application and Hearing

Applicant

1 [] An application has been started by ___________________ to appoint one or

more persons as

[] guardian(s)

[] trustee(

s) for _______________________ (the "adult") on the ground that the adult

lacks capacity to make decisions about personal matters or financial matters.

[] An application has been started by ___________________ for

[] review of a guardianship order

[] review of a trusteeship order

[] examination and approval of the trustee's accounts for the accounting

period beginning ______________ and ending _______________

in respect of _______________________ (the "adult").

2 The application will be heard by a judge of the Court of Queen's Bench of Alberta

as follows:

Date:

Time:

Place:

3 The application requests the Court to appoint or continue the following person(

s) to

the positions indicated:

Name

Relationship to

adult

Proposed position

Guardian

Trustee

Alternate guardian

Alternate trustee

4 The application requests the Court to do the following upon reviewing the

guardianship order:

[] Continue the guardianship order

[] as is, without any amendment (except for the required review date,

if any)

[] with amendments as requested

[] Terminate the guardianship order

[] Replace the guardianship order

[] Discharge the following person(

s) as trustee or alternate guardian:

[] This item is not applicable.

5 The application requests the Court to do the following upon reviewing the

trusteeship order:

[] Continue the trusteeship order

[] as is, without any amendment (except for the required review date,

if any)

[] with amendments as requested

[] Terminate the trusteeship order

[] Replace the trusteeship order

[] Discharge the following person(

s) as trustee or alternate trustee:

[] This item is not applicable.

6 [] If a guardian is being appointed for the first time, the application

requests the Court to give authority to the guardian for the following

PROPOSED personal matters.

[] If a guardianship order is being reviewed, the following are the

personal matters for which the guardian CURRENTLY has authority.

The application requests the Court to give authority to the guardian for

the following PROPOSED personal matters.

Current

Proposed

Matter

the adult's health care

where, with whom and under what conditions the adult

is to live, either permanently or temporarily

the persons with whom the adult may associate

the adult's participation in social activities

the adult's participation in any educational, vocational

or other training

the adult's employment

the carrying on of any legal proceeding that does not

relate primarily to the financial matters of the adult

to decide whether the dependent adult should apply for

any licence, permit, approval or other consent or

authorization required by law

to make normal day-to-day decisions on behalf

of the dependent adult including the diet and dress of the

dependent adult

any other personal matter the Court considers

necessary, specifically __________________

* These matters are not specifically provided for by the Adult Guardianship

and Trusteeship Act but may be identified in a guardianship order under

the Dependent Adults Act.

7 The application requests the Court to examine and approve the trustee's accounts for

the accounting period from (start date) to (end date) .

You have received an overview of Trusteeship Accounts along with the Notice of

Application.

[] This item is not applicable.

8 Subject to certain limitations, a trustee appointed under the Act has authority to do

anything in relation to the adult's financial affairs that the adult could do if the adult

had capacity. One limitation is that a trustee other than the Public Trustee cannot sell

land owned by the adult unless expressly authorized to do so by the Court.

This item is not applicable.

The application requests the Court to authorize the trustee to sell land owned by

the adult.

9 You may obtain any of the following documents filed in support of the application

by requesting them from the applicant as soon as possible after you receive this notice:

Application form

Consent to act

Affidavit of applicant

Capacity assessment report

Guardianship plan

Trusteeship plan

Guardian's record of decisions

Financial statements

If you consent to or do not oppose the application, you may:

- Do nothing further, or

- Attend at the hearing and indicate your position to the court.

If you oppose any part of the application, you should come to the hearing and tell the

judge what part of the application you are opposed to, and why you are opposed. If you

do not attend either in person or by your lawyer before the Court at the time and place

shown above, the Court may give the applicant(

s) what they want in your absence.

APPLICANT'S ADDRESS FOR SERVICE (Lawyer information)

Law firm name

Responsible lawyer's name

Lawyer's file number

Street address

Suite

Other address information (e.g. P.O. Box)

City

Province

Postal code

Country

Phone

Fax

Email

APPLICANT'S ADDRESS FOR SERVICE (Non-lawyer application)

Address

City

Province

Postal code

Country

Phone

Fax

Email

(

e) by repealing Form 18 and substituting the

following:

Form 18

Order

Appointment of Guardian or Trustee,

Review of Guardianship or Trusteeship Order, or

Examination and Approval of Trustee's Accounts

(in any combination)

Court File Number

Court

Court of Queen's Bench of Alberta (Surrogate Matter)

Judicial Centre

Full name of the person whom

the application is about

(the "adult")

Document

Order (select from the following)

[] Appointment of guardian

[] Appointment of trustee

[] Review of guardianship order

[] Review of trusteeship order

[] Examination and approval of trustee's accounts

Applicant

Applicant's address

for service and

contact information _____________________________

(Order prepared by)

Date on which order was granted:

Location at which order was granted: , Alberta

Name of Judge who granted this order: The Honourable Justice

Include only those provisions that are appropriate to the application presented to the

Court. Standard provisions should be modified as appropriate to the context (e.g., to

refer to multiple guardians or trustees). Help text (including this box) should also be

deleted before the order is presented to the Court.

The Court:

- has reviewed the written material filed in this application;

- has considered the application in the absence of the applicant and any other

person, being satisfied that

- no person entitled to do so has requested a hearing in accordance with the

regulations, and

- it is unnecessary to hold a hearing;

- has determined that the adult (choose one)

[] is 18 years of age or older;

[] will attain the age of 18 within 12 months of the date of the application;

(Include only if application is for the appointment of a guardian)

- has determined that the conditions for appointment of a guardian are satisfied,

namely,

- the adult does not have capacity to make decisions about the personal matters

with respect to which the guardian is given authority by this order;

- less intrusive and less restrictive alternative measures than the appointment of

a guardian have been considered or have been implemented and would not

likely be or have not been effective in meeting the needs of the adult;

- it is in the adult's best interests for a guardian to be appointed;

(Include only if application is for the appointment of a trustee)

- has determined that the conditions for appointment of a trustee are satisfied,

namely,

- the adult does not have the capacity to make decisions respecting any or all

financial matters;

- less intrusive and less restrictive alternative measures than the appointment of

a trustee would not adequately protect the adult's interests in respect of

financial matters;

- it is in the adult's best interests for a trustee to be appointed;

- in accordance with

section 54(4) of the Act, has considered whether it would be in

the adult's best interests to impose any limits or conditions on the trustee's

authority.

(include only if your application is for review of a guardianship order, and the

guardianship order is to continue)

- has determined that the conditions for appointment of a guardian continue to be

satisfied, namely,

- the adult does not have capacity to make decisions about the personal matters

with respect to which the guardian is given authority by this order;

- less intrusive and less restrictive alternative measures than the appointment of

a guardian have been considered or have been implemented and would not

likely be or have not been effective in meeting the needs of the adult;

- it is in the adult's best interests for a guardian to remain appointed;

(include only if your application is for review of a guardianship order, and the

guardianship order is to be terminated)

- has determined that the adult is no longer in need of a guardian;

(include only if your application is for review of a trusteeship order, and the trusteeship

order is to continue)

- has determined that the conditions for appointment of a trustee continue to be

satisfied, namely,

- the adult does not have the capacity to make decisions respecting any or all

financial matters;

- less intrusive and less restrictive alternative measures than the appointment of

a trustee would not adequately protect the adult's interests in respect of

financial matters;

- it is in the adult's best interests for a trustee to remain appointed;

- in accordance with

section 54(4) of the Act, has considered whether it would be in

the adult's best interests to impose any limits or conditions on the trustee's

authority;

(include only if your application is for review of a trusteeship order, and the trusteeship

order is to be terminated)

- has determined that the adult is no longer in need of a trustee.

And the Court Orders:

(Note: Delete all of

section 1 if the application is not for appointment of a

guardian or the review of a guardianship order and renumber the

following sections and paragraphs accordingly.)

1 Appointment of Guardian/Guardianship Order Review

(Include in all cases where the application is to appoint a guardian or to review and

continue or replace a guardianship order.)

1.1 (Name of guardian(s)) is (are) appointed or continued as a guardian(

s) of (name of adult) with authority to act and make decisions with respect to:

the adult's health care;

where, with whom and under what conditions the adult is to live, either

permanently or temporarily;

with whom the adult may associate;

the adult's participation in social activities;

the adult's participation in any educational, vocational or other training;

the adult's employment;

the carrying on of any legal proceeding that does not relate primarily to the

financial matters of the adult;

the following personal matter(

s) of the adult that the Court considers necessary,

namely: (specified matters)

(Include only if requested in application.)

1.2 The guardianship order is terminated.

(Include only if requested in application.)

1.3 (Name of guardian(s)) is (are) discharged as guardian(

s) of the adult.

(Include only if requested in application.)

1.4 (Name of one of 2 or more guardian(s)) has exclusive authority to act

and make decisions respecting the following personal matters of the adult:

(specified matters)

(Include only if requested in application.)

1.5 The guardians must act jointly with respect to the following personal matters of

the adult: (specified matters)

(Include only if requested in application.)

1.6 (name of alternate guardian(s)) is (are) appointed as alternate guardian(

s) for

the adult with authority to act as guardian(s), without further proceedings, on an event

referred to in

section 32(3) of the Act.

(Include if you are applying to appoint a guardian, or if you are applying to review and

continue or replace a guardianship order.)

1.7 The guardianship plan as submitted is approved.

(Include if you are applying to appoint a guardian or if you are applying to review a

guardianship order, unless you are applying to terminate the guardianship order.)

1.8 The authority of the guardian(

s) is (are) subject to the following conditions, limits

or requirements:

(reserved for conditions, limits or requirements considered appropriate by Court)

(Include only if requested in application.)

1.9 The authority of (name of agent) under the adult's personal directive dated

(date)

is wholly terminated

is terminated for the following areas of

authority but otherwise remains in effect:

(areas of authority terminated)

(Include if you are applying to appoint a guardian or to review a guardianship order,

unless you are applying to terminate the guardianship order.)

1.10 (Name of guardian) must apply for a review of this guardianship order

within years of the date of this order, OR

as circumstances require (no fixed date),

AND in any event

- if there has been a significant change in the needs, circumstances or capacity

of the adult that the guardian considers would make a variation or termination of the

order in the adult's best interests, OR

- if there has been a change in circumstances that affects the guardian's ability

to exercise the authority or carry out the duties and responsibilities of guardian or

suitability to be a guardian for the adult.

(Include if you are applying to appoint a guardian and the adult is the subject of a

co-decision-making order.)

1.11 The co-decision-making order dated (date of order) is hereby terminated.

(Note: If you are not applying to appoint a trustee or to review a

trusteeship order, delete all of

section 2 and renumber the following

sections and paragraphs accordingly.)

2 Appointment of Trustee/Trusteeship Order Review

(Include if you are applying to appoint a trustee or to review a trusteeship order.)

2.1 (Name(

s) of trustee(s)) is (are) appointed or continued as to be trustee(

s) of

(name of adult) .

(Include only if requested in application.)

2.2 The trusteeship order is terminated.

(Include only if requested in application.)

2.3 (Name(

s) of trustee(s)) is (are) discharged as trustee(

s) of the adult.

(Include only if requested in application.)

2.4 (Name(

s) of alternate trustee(s)) is (are) appointed as alternate trustee(

s) for

the adult with authority to act as trustee(s), without further proceedings, on an

event referred to in

section 53(3) of the Act.

(Include unless application requests narrower scope for order.)

2.5 This order applies

- to all personal property of the adult;

- to all real property of the adult in Alberta.

(Include only if requested in application.)

2.6 This trusteeship order applies only to the following property or financial matter(

s) of the adult: (property or financial matter(

s) to which the order is to apply)

(Include only if requested in application.)

2.7 To the extent it is recognized by the courts of, and subject to compliance with the

laws of (name of jurisdiction) , this order applies to the following real property

of the adult:

(describe the real property located outside Alberta to which the order is to apply)

(Include if you are applying to appoint a trustee, or if you are applying to review and

continue or replace a trusteeship order.)

2.8 The trusteeship plan as submitted is approved.

(Include if you are applying to appoint a trustee or to review a trusteeship order, unless

you are applying to terminate the trusteeship order.)

2.9 Except as otherwise provided by the Act, the regulations or this order, the trustee(

s) has (have) authority, with respect to the property to which this order applies, to

- take possession and control of the property;

- do anything in relation to the adult's financial matters that the adult could do

if capable of making decisions with respect to such financial matters, and

- sign all documents and do all things necessary to give effect to any power or

authority vested in the trustee.

(Include unless the Public Trustee is the proposed trustee or you are applying to terminate

a trusteeship order.)

2.10 The trustee(

s) has (have) no authority to sell, transfer, or encumber the real

property of the adult or to purchase real property on behalf of the adult, except

as follows:

- the trustee(

s) may lease the real property of the adult for a term not

exceeding 3 years;

- the trustee(

s) may register this order against the title to the adult's

real property and the Registrar of Land Titles shall register this order

notwithstanding

section 191(1) of the Land Titles Act;

The trustee(

s) is (are) authorized to: (authority to deal with real property

specifically given to the trustee by the trusteeship order)

(Include only if requested in application.)

2.11 The trustee(

s) is (are) authorized to permit the adult to open or maintain a deposit

account, subject to the following limitations:

- no more than $ may be deposited into the account in any month;

- the total balance must not exceed $ at any time.

(Include only if requested in application.)

2.12 (Name of one of 2 or more trustees) has exclusive authority with respect to

the following financial matters of the adult:

(matters over which trustee has exclusive authority)

(Include only if requested in application.)

2.13 Any one of the trustees may exercise the authority granted to the trustees by

this order with respect to the following financial matters of the adult:

(matters for which any one trustee may act)

(Include only if the trustee is non-resident and you have not requested the Court to

dispense with the requirement to provide a bond or other security.)

2.14 The following bond or security provided by (name of non-resident trustee or

alternate trustee) , as a non-resident trustee or alternate trustee, is approved:

(description of nature, value and terms of bond or security)

(Include only if requested in application.)

2.15 The requirement for (name of non-resident trustee or alternate trustee)

to provide a bond or other security is dispensed with.

(Include if you are applying to appoint a trustee or to review a trusteeship order, unless

you are applying to terminate the trusteeship order.)

2.16 The trustee's authority is subject to the following additional limits or conditions:

(reserved for additional limits or conditions imposed by Court)

(Include if you are applying to appoint a trustee or to review a trusteeship order, unless

you are applying to terminate the trusteeship order.)

2.17 (Name of trustee) must apply for a review of this trusteeship order

[] within years of the date of this order, OR

[] as circumstances require (no fixed date),

AND in any event

- if there has been a significant change in the needs, circumstances or capacity of

the adult that the trustee considers would make a variation or termination of the

order in the adult's best interests, OR

- if there has been a change in circumstances that affects the trustee's ability to

exercise the authority or carry out the duties and responsibilities of trustee or

suitability to be a trustee for the adult.

(Include if inventory of assets and liabilities is not submitted with application.)

2.18 The trustee(

s) must submit an inventory of the assets and liabilities of the adult

within 6 months of the date of this order.

(Include only if requested in application.)

2.19 (Name(

s) of trustee(s)) must submit trustee's accounts for examination

and approval by the Court

[] within years of the date of this order, OR

[] as circumstances require (no fixed date),

AND in any event, whenever directed to do so by the Court.

(Include if you are applying to appoint a trustee and the adult is the subject of a

co-decision-making order.)

2.20 The co-decision-making order dated (date of co-decision-making order)

is hereby terminated.

(Include if you are applying to appoint a trustee and the adult has signed an enduring

power of attorney.)

2.21 The enduring power of attorney dated (date of enduring power of attorney)

is hereby terminated.

3 Examination and Approval of Trustee's Accounts

(Include if you are applying for examination and approval of trustee's accounts.)

3.1 The accounts of the trustee (s) (name of trustee(s)) for the period

(start date) to (end date) are approved.

(Include if requested in application.)

3.2 The trustee is entitled to compensation in the amount of

$ (amount of compensation) .

(Include if you are applying for examination and approval of trustee's accounts unless you

are also applying to terminate the trusteeship order.)

3.3 (Name(

s) of trustee(s)) must submit trusteeship accounts for examination

and approval by the Court

[] within year(

s) of the date of this order, OR

[] as circumstances require (no fixed date),

AND in any event, whenever directed to do so by the Court.

4 Costs of Application

4.1 The following order is made regarding costs (legal fees and disbursements)

of this application:

Legal fees for this application

[] in the amount of $ (amount)

[] to be taxed

plus reasonable disbursements shall be paid by

(person or source to pay costs).

Reasonable disbursements only shall be paid by

(person or source to pay disbursements).

No order is made regarding payment of legal fees or disbursements.

5 Other Matters

5.1 All requirements of the Act and regulations regarding service or sending of notice

of this application are deemed to have been satisfied including requirements as to:

- the persons to be notified of this application;

- the documents to be served or sent to such persons;

- the manner of and time for serving or sending documents.

[] Notice of this application to the represented adult is dispensed with.

[] Notice of this application to the following person(

s) is (are) dispensed with:

Name

Relationship to adult

5.2 The following direction is given regarding service of this order:

[] Except as otherwise provided below, a copy of this order must be sent by ordinary

mail to the adult, the review officer, and every other person who was notified of

this application.

[] A copy of this order must be served on (name of person to be served)

by the following method of service:

(Include if you are making the application in respect of a person who has not yet attained

the age of majority but will do so within 12 months.)

5.3 In accordance with

section 24(2)(

b) or 43(3)(

b) of the Act, this order does not take

effect until the person in respect of whom it is made attains the age of majority.

(Include if you are applying for any other direction, approval or dispensation in item 10.2

of the application form.)

5.4 (set out terms of requested direction, approval or dispensation)

___________________________________

Justice of the Court of Queen's Bench of Alberta

(

f) by repealing

section 29 of Form 34 and substituting

the following:

29 An individual trustee or alternate trustee who is not a resident of Alberta must

provide a bond or other form of security (collateral) unless the Court dispenses

with this requirement.

Are you requesting that the Court dispense with the requirement for a non-resident

trustee or a non-resident alternate trustee to provide a bond or other form of

security?

[] Yes*

[] No

*If yes, explain why it would be in the adult's best interest for the Court to

dispense with a bond or security, and describe any alternative safeguard you are

proposing.

(

g) by repealing Form 37 and substituting the

following:

Form 37

Inventory

Court File Number

Court

Court of Queen's Bench of Alberta (Surrogate Matter)

Judicial Centre

Full name of the person

whom the application is

about (the "adult")

Applicant

Document

Inventory

Trustee name

Trustee address

and I,

Trustee name

Trustee address

trustee(

s) for the adult, swear or affirm that this inventory accurately discloses and

describes the adult's financial position as of this date:

(dd/mm/yyyy)

I have personal knowledge of the facts and matters referred to in this inventory except

where stated to be based on information and belief.

Summary

Value of adult's assets and liabilities

Amount

Line

Land (net of mortgages)

Schedule A, Line A1

Financial assets

Schedule B, Line B3

Other assets

Schedule C, Line C3

Total assets

Add Lines 1, 2 and 3

Total liabilities (excluding mortgages on land)

Schedule D, Line D1

Adult's net financial position

Line 4 minus Line 5

Adult's average monthly income and expenses

Amount

Average monthly income

Schedule E, Line E1

Average monthly expenditures

Schedule F, Line F1

Average monthly income surplus (deficiency)

Line 7 minus Line 8

Schedule A - Land Owned by Adult

Land owned by the adult could include any combination of the following:

- residential property (e.g. a house, condominium, cottage), agricultural land,

commercial or industrial property, vacant land;

- mineral title (ownership of minerals on or under land);

- land owned solely by the adult or owned by the adult as co-owner with someone else

(as joint owners or tenants-in-common)

Does the adult own any land?

[] Yes Enter the number of different properties the adult owns,

either solely or as co-owner:

[] No Enter $0 in Line A1 below.

[] Unknown Enter $0 in Line A1 below.

Total net value of adult's interest in land*

*This is the total of the adult's share of the net value of all land

owned by the adult. It is calculated based on the information

entered below for each property owned by the adult.

Line A1

$________________

Provide details for each property owned by the adult:

Municipal address (if applicable)

__________________________________________________

Legal description of land or property

__________________________________________________

Co-owner's name and relationship to adult (if applicable)

(Name) (Relationship)

Total market value of property: $__________________

Amount owed on mortgage or other encumbrance: $______________

Net value of property: $______________

Adult's ownership share of property: %

Adult's share of net property value: $

Basis of valuation

[] Recent valuation by accredited appraiser

Date of valuation: (dd/mm/yyyy)

[] Most recent municipal assessment

[] Other (describe) _________________

A current copy of the certificate of title for this land is attached as an exhibit

(A, B, C, etc.).

[] Yes (Exhibit ______)

[] No

[] N/A

Schedule B - Financial Assets Owned by Adult

Type

Value

Line

Accounts held at

financial institutions

Schedule BA, Line BA1

Other financial assets

Schedule BB, Line BB1

Total value of adult's Financial Assets

Schedule BA - Accounts Held at Financial Institutions

Provide details of financial assets held in accounts with financial institutions, including

bank accounts (e.g., chequing accounts, savings accounts) and investment accounts

(e.g., RRSPs, RDSPs, RIFs, TFSAs). Include accounts that are owned solely by the

adult AND accounts that are owned jointly by the adult with someone else.

If a financial asset owned by the adult is held outside of a financial institution (e.g.,

cash or security certificates held in a safety deposit box), it should be recorded in

Schedule BB (Other Financial Assets).

Financial

institution

Partial

account ID

(last 4

digits of

account

no.)

Joint owner's name

and relationship to

adult (if applicable)

Account

type

Value/balance

of account

($)

Adult's

share

(%)

Adult's

share

($)

Line

Total value of adult's share of accounts held at financial institutions $

BA1

Are you providing a copy of a current statement for each account? If so, attach as

exhibits (A, B, C, etc.).

[] Yes (Exhibit ______)

[] No

Schedule BB - Other Financial Assets

Provide details of any financial assets owned by the adult that are not included in

schedule BA. This could include, for example:

- cash on hand or balance in an account maintained for the adult's use with a

residential facility,

- guaranteed accounts,

- safety deposit boxes,

- security certificates (e.g., share certificates, gross royalty trust certificates,

savings bonds) not held in an investment account,

- shareholder loans to private corporations,

- shares in private corporations,

- interest in a partnership or a sole proprietorship,

- interest in a trust or in a deceased person's estate,

- interest in an ongoing or potential lawsuit (e.g., personal injury claim), or

- private debts owed to the adult.

Description and location

Valuation basis

Value

Line

Total value of adult's other financial assets

BB1

Schedule C - Other Assets

This

schedule should include all property owned by the adult that is of significant

monetary value and is not included in any other schedule. Examples of other types of

property that might be owned by the adult and included in this

schedule include:

- Farm assets (e.g., equipment, tools, livestock, crops, seed, quotas),

- Business assets (e.g., equipment, inventory),

- Household and personal effects, or

- Motor vehicles (e.g., cars, trucks, motorcycles, recreational vehicles, off-road

vehicles, snowmobiles).

Include an item or a distinct set of items (e.g., a coin collection) only if the estimated

market value of the item or set is at least $1,000. For estimated value, give the

estimated amount for which the property could be sold to an arm's-length purchaser.

If the adult owns property that has significant monetary value, but it is not currently

possible to give a reasonable estimate of its market value, describe the property

and indicate "1.00" as its estimated market value.

Description (include as much detail as possible)

Estimated Market

Value

Line

Total estimated market value of adult's assets

Schedule D - Liabilities

This

schedule should include all money owed by the adult, other than loans secured by

mortgages against land.

It includes, for example, credit card debts, personal loans, car loans, lines of credit and

ongoing or potential lawsuits against the adult. Include any liabilities in respect of

which the adult has a co-debtor, that is, someone who is also legally responsible for the

debt.

State the total amount owing on the loan, not the amount of the monthly payment, if any.

Creditor

Account no.

Description of liability

Co-debtor

(if applicable)

Amount

owed

Line

Adult's total liabilities (excluding encumbrances on land)

Schedule E - Income

For each of the adult's sources of income, indicate the average monthly amount

received.

If the adult receives income from a source at non-monthly intervals (e.g., quarterly),

convert the payments to an equivalent monthly amount.

Source of income

Average monthly amount

Line

Assured Income for the Severely Handicapped (AISH)/

Income Support

Alberta Seniors Benefit

Old Age Security (OAS)/Guaranteed Income

Supplement

Canada Pension Plan (CPP) (e.g., retirement pension,

survivor's pension, disability benefit)

Private pension

Foreign pension

Workers' compensation payments

Life annuity (issued by insurance company)

Investment income (e.g., interest, dividends,

distributions)

Employment income

Spousal/partner/child support received

Spousal/survivor allowance

Other (describe)

Estimated total monthly income

Schedule F - Expenses

For each type of expense incurred by the adult, indicate the average monthly amount of each

type of expense incurred.

If an expense is incurred irregularly or at non-monthly intervals (e.g., quarterly), convert the

payments to an equivalent average monthly amount.

Expenditure type

Average monthly amount

Line

Mortgage payment (including both principal

and interest portion)

Utilities

Property maintenance

Property taxes

Condominium fees

Accommodation fees in a care facility

Rent or room and board

Food (not included above)

Prescriptions (not included above)

Caregiver and companionship expenses

Adult's personal spending

Vehicle expenses (e.g., gas, maintenance, insurance)

Other transportation and travel expenses

Education and training

Storage charges for adult's property

Insurance

Spousal/partner/child support paid

Other (describe)

Total average monthly expenses

Sworn or affirmed before me on

__________________, 20____,

at ________________, Alberta

__________________________

Notary Public/Commissioner for

Oaths in and for Alberta

_______________________________

Signature

(

h) by repealing Form 38 and substituting the

following:

Form 38

Overview of Trusteeship Accounts

Court File Number

Court

Court of Queen's Bench of Alberta (Surrogate Matter)

Judicial Centre

Full name of the person

whom the application is

about (the "adult")

Applicant

Document

Overview of Trusteeship Accounts

Trustee name

Trustee address

and I,

Trustee name

Trustee address

trustee(

s) for the adult, swear or affirm that this overview of trusteeship accounts

provides an accurate overview of trusteeship accounts for the accounting period

from: (start date) to (end date) .

I have personal knowledge of the facts and matters referred to in this overview of

trusteeship accounts except where stated to be based on information and belief.

The start date is the date as of which the adult's financial position was most recently

reported to the Court, which occurred in the following context:

[] Filing of initial inventory when I became the adult's trustee

[] Application to pass accounts under the Dependent Adults Act ("DAA")

[] Filing of accounts with clerk and approval by Court in form filed under DAA

[] Filing of

summary accounting statement under DAA

[] Application for examination and approval of trustee's accounts under the

Adult Guardianship and Trusteeship Act

[] Other (describe): ______________________________________________

Summary of Start Date and End Date Financial Position

Adult's assets and liabilities (debts)

Start date

End date

Land (net of mortgages)

Financial assets

Other assets

Total assets

Total liabilities (excluding mortgages on land)

NET FINANCIAL POSITION

For start date income and expenditures, use amounts previously reported to the Court.

For end date income and expenditures, use the average for the 12 months immediately

preceding the end date.

Adult's monthly income and expenditures

Start date

End date

Average monthly income from all sources

Average monthly expenditures for all purposes

Average monthly surplus (deficit)

Summary of Assets and Liabilities as of End Date

Land (including mineral titles, if any)

Description

Total

market

value of

property

($)

Amount owed

on mortgage

or other

encumbrance

($)

Net

value of

property

($)

Adult's

ownership

share of

property

Adult's share of net

property value ($)

Adult's total share of net property value

Financial assets

Amount

Total value of adult's share of accounts held at financial

institutions

Total value of adult's other financial assets (e.g. guarantee

account, cash, private company shares, private debts)

Total financial assets

Other assets

Amount

Total estimated market value of adult's other assets (e.g., motor

vehicles, farm assets, business assets, personal and household

effects)

Total other assets

TOTAL ASSETS

Liabilities (other than encumbrances on land)

Name of creditor

Description of loan or liability

Amount

TOTAL LIABILITIES

Summary of Receipts and Disbursements

[] A statement summarizing the receipts and disbursements is attached

as Exhibit ______.

Start date balance

Receipts

Pension and program benefits (describe sources)

Source

Source

Source

Employment or self-employment earnings

Rental income

Spousal/partner/child support received

Proceeds received from sale of property

Bank interest received

Transfers from other financial asset accounts

Other receipts

Total receipts

Payments and transfers

Land ownership payments (e.g., mortgage, taxes)

General expenditures for adult's benefit

Paid to residential care facility (e.g.,