Alberta Gazette — 15 December 2023 (Part II)
15 December 2023
Alberta — Gazette
Alberta Regulation 135/2023
Marketing of Agricultural Products Act
ALBERTA MILK PLAN AMENDMENT REGULATION
Filed: November 24, 2023
For information only: Made by the Minister of Agriculture and Irrigation (M.O.
3/2023) on November 21, 2023 pursuant to
section 23 of the Marketing of
Agricultural Products Act.
1 The Alberta Milk Plan Regulation (AR 28/2022) is
amended by this Regulation.
Section 5(1)(
c) is repealed and the following is
substituted:
(
c) to processors for the purposes of
section 9(1)(b), (c), (d), (e),
(g), (
j) and (
l) and (2)(c), (i), (j), (k), (l), (m), (n), (o), (p), (q),
(r), (s), (s.2), (t), (u), (v), (
x) and (y).
Section 9(2) is amended
(
a) by adding the following after clause (e):
(e.1) respecting assurance programs and standards;
(e.2) providing for
(
i) the assessment, charging and collection of a levy
from any producer whose production or marketing,
or both, of the regulated product is in excess of the
quota that has been fixed and allotted to that
producer, and
(ii) the taking of legal action to enforce payment of the
levy;
(
b) by repealing clause (h);
(
c) by adding the following after clause (s):
(s.1) subject to
section 5(2), prohibiting a person to whom a
quota has not been fixed and allotted for the production
or marketing, or both, of a regulated product from
producing or marketing, as the case may be, any of the
regulated product;
(s.2) prohibiting any person from purchasing or otherwise
acquiring any regulated product from a person to whom
a quota has not been fixed and allotted for the
production or marketing, or both, of the regulated
product, unless the person from whom the regulated
product is purchased or otherwise acquired is exempt
from the plan under
section 5(2);
(
d) by repealing clause (w).
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Alberta Regulation 136/2023
Education Act
SCHOOL TRANSPORTATION AMENDMENT REGULATION
Filed: November 29, 2023
For information only: Made by the Minister of Education (M.O. 26/2023) on
November 28, 2023 pursuant to
section 59 of the Education Act.
1 The School Transportation Amendment Regulation
(AR 67/2023) is amended by this Regulation.
Section 6 is amended by striking out "September 1, 2024"
and substituting "September 1, 2025".
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Alberta Regulation 137/2023
Court of Justice Act
Court of King's Bench Act
PROVINCIAL JUDGES AND APPLICATIONS JUDGES
COMPENSATION AMENDMENT REGULATION
Filed: November 30, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 204/2023)
on November 29, 2023 pursuant to
section 9.52 of the Court of Justice Act and
sections 8 and 16 of the Court of King's Bench Act.
1 The Provincial Judges and Applications Judges
Compensation Regulation (AR 176/98) is amended by this
Regulation.
Section 1(2) is repealed and the following is substituted:
(2) The annual salary to be paid to judges who are appointed on a
full-time basis is
(a) $321 685 for the period beginning on April 1, 2021, and
ending on March 31, 2022,
(b) $328 119 for the period beginning on April 1, 2022, and
ending on March 31, 2023,
(c) $337 963 for the period beginning on April 1, 2023, and
ending on March 31, 2024, and
(d) $348 102 for the period beginning on April 1, 2024, and
ending on March 31, 2025.
3 Sections 1.01, 2(1) and 4.1(3) are amended by striking
out "from the beginning of April 2017 to the end of March 2021" and
substituting "beginning on April 1, 2021, and ending on March 31,
2025".
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Alberta Regulation 138/2023
Judgment Interest Act
JUDGMENT INTEREST AMENDMENT REGULATION
Filed: November 30, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 205/2023)
on November 29, 2023 pursuant to
section 4 of the Judgment Interest Act.
1 The Judgment Interest Regulation (AR 215/2011) is
amended by this Regulation.
Section 1 is amended by adding the following after
clause (ee):
(ff) the interest rate from January 1, 2024 to December 31, 2024
is prescribed at 5.15% per year.
Alberta Regulation 139/2023
Judicature Act
SURROGATE RULES AMENDMENT REGULATION
Filed: November 30, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 206/2023)
on November 29, 2023 pursuant to
section 28.1 of the Judicature Act.
1 The Surrogate Rules (AR 130/95) are amended by this
Regulation.
2 Rule 2(1) is repealed and the following is substituted:
Rules of Court
2(1) The Alberta Rules of Court (AR 124/2010) apply, with any
appropriate modifications, to an application to the court if a matter is
not dealt with under these Rules.
3 Rule 10(2) is amended by striking out "subsection (1)" and
substituting "subrule (1)".
4 Rule 16 is repealed and the following is substituted:
Proof of signing formalities
16(1) A witness to a will must prove that the signing formalities
were observed by providing an affidavit in Form GA8 and the
original will must be an exhibit to the affidavit.
(2) An affidavit sworn by a witness to a will at the time that a will is
signed is acceptable as proof that the formalities were observed,
unless there is an apparent change in the will that the witness has not
satisfactorily explained in the affidavit.
(3) An affidavit referred to in subrule (2) may be in a form other
than Form GA8 if
(
a) it was sworn before the coming into force of this rule, and
(
b) it is in a form that was required or permitted under these
Rules at the time the affidavit was sworn.
(4) If a will is a holograph will or if a witness to a will cannot be
found, a person other than the applicant, unless otherwise ordered by
the court, must prove the deceased's handwriting by filing an
affidavit in Form GA9, and the original will must be an exhibit to the
affidavit.
(5) The person before whom the affidavit referred to in subrule
(2) or (4) is sworn must mark the will, and any codicil, in such a way
that the will is identified for the purposes of the affidavit.
(6) The following may be used to mark a will for identification
under this rule:
This is exhibit A referred to in the affidavit of (deponent's
name).
Sworn before me on ________
______________________
(A Commissioner for Oaths in and for Alberta)
(7) Any marking on a will must be made below the signatures on
either the front or back of the last page of the will and must not
obliterate or damage the original will.
(8) The court may require any further identification of a will the
court considers necessary if the will is written on more than one
piece of paper and not all pieces are identified by the signature or
initials of the deceased and the witnesses.
5 Rule 17(
c) is repealed and the following is substituted:
(
c) did not
(ii) fully understand French, where the will is written in
French,
6 Rule 18 is repealed and the following is substituted:
the applicant must give an affidavit in Form GA10 verifying the
7 Rule 26 is amended
(
a) by adding the following after subrule (3):
(3.1) Despite subrule (3), where a person, in writing,
acknowledges receipt of the document, the person is served
under this rule.
(3.2) Service is effected under subrule (3.1) on the day the
person, in writing, acknowledges receipt of the document.
(
b) in subrule (6) by striking out "this section" and
substituting "this rule".
8 Subrule 33(1) is amended by striking out "A person entitled
to a grant" and substituting "A person entitled to a grant and
entitled under
section 13(4) of the Estate Administration Act to
nominate a person to administer an estate".
9 Rule 38 is amended by renumbering subrule (1) as
subrule (1.1) and adding the following before subrule (1.1):
38(1) In this rule, "newspaper" means a newspaper published or
circulated in printed or electronic form.
10 Rule 39(2) is amended by striking out "subsection (1)" and
substituting "subrule (1)".
11 Rule 46(
a) is repealed.
12 Rules 51(12) and 54.1(1) are amended by striking out
"this section" and substituting "this rule".
13 Rule 73(2) is amended by striking out "subsection (1)" and
substituting "subrule (1)".
Schedule 1,
Part 1 is amended in
section 1(2) by
striking out "and the conclusion of any trusts".
Schedule 2.1 is amended
(
b) in Form GA10
Will" and substituting "Will into
Schedule 3 is amended
(
a) by repealing Form C 6 and substituting the
following:
C 6
COURT FILE NUMBER
COURT Court of King's Bench of
Alberta (Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
PROCEDURE Formal proof of will
DOCUMENT Affidavit by personal
representative(
s) DEPONENT(
S) NAME(
S) ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
THE DEPONENT(
S) EACH SWEAR UNDER OATH OR AFFIRM
THAT THE INFORMATION IN THIS AFFIDAVIT IS WITHIN THE
DEPONENT'S KNOWLEDGE AND IS TRUE. WHERE THE
INFORMATION IS BASED ON ADVICE OR INFORMATION AND
BELIEF, THIS IS STATED.
Applicant(s)
1. The applicant(
s) as shown in the Application are the personal
representatives named in a will of the deceased dated .
Formal proof of will proceedings
2. It is alleged that the will dated __________ is invalid because .
Documents Attached
3. The following documents are part of this affidavit or have been
previously filed with the court.
3.1 GA1 Grant Application
3.2 C 7 Previous wills
3.3 Original will(
s) of the deceased dated ______________
3.4 Affidavit(
s) of witness to will(
s) I have personally prepared or carefully read the documents that are
part of this affidavit and to the best of my knowledge the
information in them is accurate and complete.
Notices
4. The applicant(
s) have served GA3 Notice(
s) to Beneficiaries and
Other Interested Parties as required and in the manner prescribed by
the Surrogate Rules.
5. The deponent(
s) believe that while the deceased was alive, the
deceased kept the will dated __________ in __________ where it
was found at the date of death.
6. After the deceased's death, the applicant(
s) obtained the will from
__________ and kept it in their or their lawyer's possession until
filed with the court.
7. If this will is formally admitted to probate, the applicant(
s) will
faithfully administer the estate of the deceased according to law and
will give a true accounting of their administration to the persons
entitled to it when lawfully required.
SWORN OR AFFIRMED BY EACH DEPONENT BEFORE A
COMMISSIONER FOR OATHS AT ,
ALBERTA ON
Deponent A Commissioner for Oaths
in and for Alberta
(
b) in Form ACC 12 by striking out "Use Form NC 11."
17 This Regulation comes into force on January 1, 2024.
Alberta Regulation 140/2023
Insurance Act
CLASSES OF INSURANCE (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: November 30, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 207/2023)
on November 29, 2023 pursuant to
section 16 of the Insurance Act.
1 The Classes of Insurance Regulation (AR 144/2011) is
amended by this Regulation.
Section 6 is amended by striking out "April 30, 2024" and
substituting "April 30, 2028".
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Alberta Regulation 141/2023
Insurance Act
AUTOMOBILE INSURANCE RATE BOARD FEES (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: November 30, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 208/2023)
on November 29, 2023 pursuant to
section 599 of the Insurance Act.
1 The Automobile Insurance Rate Board Fees Regulation
(AR 179/2005) is amended by this Regulation.
Section 6 is amended by striking out "April 30, 2024" and
substituting "April 30, 2028".
Alberta Regulation 142/2023
Unclaimed Personal Property and Vested Property Act
GENERAL (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: November 30, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 209/2023)
on November 29, 2023 pursuant to
section 64 of the Unclaimed Personal Property and
Vested Property Act.
1 The General Regulation (AR 104/2008) is amended by
this Regulation.
Section 24 is amended by striking out "May 1, 2024" and
substituting "May 1, 2027".
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Alberta Regulation 143/2023
Special Areas Act
APPLICATION OF PUBLIC LANDS ACT
AMENDMENT REGULATION
Filed: November 30, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 214/2023)
on November 29, 2023 pursuant to
section 5 of the Special Areas Act.
1 The Application of Public Lands Act Regulation
(AR 310/2003) is amended by this Regulation.
Section 1 is repealed and the following is substituted:
Application of Public Lands Act
1 The Public Lands Act, except for sections 1(a.1), 1.1, 8(1), 9(b.1)
and (b.2), 9.1, 11.1, 20(2), 26(1)(
b) and (2), 56(1)(d), (h), (
i) and (l),
59.1, 109 and 114.1, applies in special areas.
Alberta Regulation 144/2023
Post-secondary Learning Act
LAND USE (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: November 30, 2023
For information only: Made by the Lieutenant Governor in Council (O.C. 217/2023)
on November 29, 2023 pursuant to
section 124 of the Post-secondary Learning Act.
1 The Land Use Regulation (AR 54/2004) is amended by
this Regulation.
Section 12 is amended by striking out "May 31, 2024" and
substituting "May 31, 2029".