Alberta Gazette — 15 December 2023 (Part II)

15 December 2023

Alberta — Gazette

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c) is repealed and the following is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).

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

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".

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

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".

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

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".

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

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".

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

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".

Document details

CollectionAlberta — Gazette
Citation15 December 2023
Typegazette
Volume / chapter23 Dec15 Part2
Languageen
Formathtml
SourcePROVINCIAL
Identifier109c2a0f6ea5eeff497bdc82a188d643d53bc9d3

Source file is stored in the law ingest library (html).