Alberta Regulation 90/2008

Tobacco Tax Act

TOBACCO TAX (MINISTERIAL) REGULATION

Filed: June 3, 2008

For information only: Made by the Minister of Finance and Enterprise

(M.O. 01/2008) on April 28, 2008 pursuant to

section 37.1(3) of the Tobacco Tax

Act.

Small amounts owing or for refund

1 The amount prescribed for the purposes of

section 37.1 of the

Tobacco Tax Act is $20.

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

Alberta Regulation 91/2008

Corrections Act

DESIGNATED CORRECTIONAL INSTITUTIONS AMENDMENT ORDER

Filed: June 4, 2008

For information only: Made by the Solicitor General and Minister of Public Security

(M.O. 11/2006) on January 19, 2007 pursuant to

section 6(2) of the Corrections Act.

1 The Designated Correctional Institutions Order

(AR 252/99) is amended by this Order.

Section 1 is amended

(

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

(b.1) Calgary Attendance Centre, in the City of Calgary;

(

b) by adding the following after clause (d):

(d.1) Edmonton Attendance Centre, in the City of Edmonton;

Alberta Regulation 92/2008

School Act

CERTIFICATION OF TEACHERS AMENDMENT REGULATION

Filed: June 4, 2008

For information only: Made by the Minister of Education (M.O. 011/2008) on

May 28, 2008 pursuant to

section 94 of the School Act.

1 The Certification of Teachers Regulation (AR 3/99) is

amended by this Regulation.

Section 40 is amended by striking out "2008" and

substituting "2010".

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

Alberta Regulation 93/2008

School Act

PRACTICE REVIEW OF TEACHERS AMENDMENT REGULATION

Filed: June 4, 2008

For information only: Made by the Minister of Education (M.O. 012/2008) on May

28, 2008 pursuant to

section 94 of the School Act.

1 The Practice Review of Teachers Regulation (AR 4/99) is

amended by this Regulation.

Section 31 is amended by striking out "June 30, 2008" and

substituting "February 28, 2010".

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

Alberta Regulation 94/2008

Financial Administration Act

INDEMNITY AUTHORIZATION AMENDMENT REGULATION

Filed: June 4, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 244/2008)

on June 4, 2008 pursuant to

section 71 of the Financial Administration Act.

1 The Indemnity Authorization Regulation (AR 22/97) is

amended by this Regulation.

2 The following is added after

section 9:

Metis settlements official manager and

comptroller indemnity

10(1) Subject to subsection (2), the Minister of Finance and

Enterprise is authorized, on behalf of the Crown, to indemnify

(

a) an official manager appointed under

section 31(1) of the

Metis Settlements Act,

(

b) a comptroller appointed under

section 178(1) of the

Metis Settlements Act, and

(

c) any

(

i) person employed or otherwise engaged by an

official manager or a comptroller, or

(ii) person or employee of any person engaged by the

Minister responsible for the Metis Settlements Act

to assist an official manager or a comptroller, as the

case may be, in carrying out the official manager's or

the comptroller's duties and functions

against all costs, charges and expenses, including amounts paid to

settle actions or satisfy judgments, reasonably incurred by the

official manager, the comptroller or a person referred to in clause

(

c) in respect of civil, criminal or administrative actions or

proceedings, to which the official manager, the comptroller or the

other person is made a party by reason of holding or having held

that appointment, employment or engagement, as the case may be.

(2) An official manager, a comptroller or a person referred to in

subsection (1)(

c) may be indemnified only if the official manager,

the comptroller or the other person

(

a) acted honestly and in good faith,

(

b) complies with the Schedule, and

(

c) in the case of a criminal or administrative action or

proceeding enforceable by a monetary penalty, had

reasonable grounds for believing that the official

manager's, the comptroller's or the other person's

conduct, as the case may be, was lawful.

(3) This

section applies to an official manager, a comptroller or a

person referred to in subsection (1)(

c) appointed, employed or

engaged, as the case may be, before or after the coming into force

of this section.

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

Alberta Regulation 95/2008

Alberta Centennial Education Savings Plan Act

ALBERTA CENTENNIAL EDUCATION SAVINGS PLAN REGULATION

Filed: June 4, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 249/2008)

on June 4, 2008 pursuant to

section 6 of the Alberta Centennial Education Savings

Plan Act.

Table of Contents

Interpretation

2 Application

3 Time of application

4 Contribution

5 Residency

6 Beneficiary limitation

7 Trustee agreements

8 Use of grant

9 Repeal

10 Expiry

Interpretation

1(1) In this Regulation,

(a) "Act" means the Alberta Centennial Education Savings Plan

Act;

(b) "sibling" means a brother or sister of an eligible child or

eligible student, as the case may be, who is related by blood,

marriage or adoption, or by virtue of an adult interdependent

relationship.

(2) For the purpose of

section 1(1)(a)(iii) of the Act, "eligible child"

means a child born in 2005 or any subsequent year and adopted by a

resident of Alberta.

(3) For the purpose of

section 1(1)(b)(ii) of the Act, "eligible student"

means a child who, at the relevant time,

(

a) is enrolled in an education institution satisfactory to the

Minister, and

(

b) has a parent or guardian, as the case may be, who is a

resident of Alberta.

(4) For the purpose of the Act, "ordinarily present in Alberta" includes

a person whose home ordinarily is in Alberta but who leaves Alberta

for a period of up to 12 months or a longer period approved by the

Minister and intends to return to Alberta at the end of that period.

(5) Unless the contrary intention appears, an expression defined in

section 146.1 of the Income Tax Act (Canada) has the same meaning in

this Regulation.

Application

2 An application for a grant under

section 2 or 3 of the Act must be

accompanied with

(

a) evidence satisfactory to the Minister that the grant may be

paid, and

(

b) any other information required by the Minister for the

purposes of administering the Act.

Time of application

3(1) A grant shall not be paid under

section 2 or 3 of the Act unless a

trustee of a registered education savings plan submits an application in

accordance with

section 2 to the Minister

(

a) within 3 years of the request to the trustee to make the

application, and

(

b) within 6 years of the applicable birthday of the eligible child

or eligible student.

(2) Despite subsection (1)(a), a grant may be paid with respect to an

eligible student for an applicable birthday that occurred between

January 1, 2005 and December 31, 2006 if the trustee of a registered

education savings plan submits an application in accordance with

section 2 to the Minister

(

a) within 3 years of the request to the trustee to make the

application, and

(

b) within 6 years of January 1, 2007.

(3) The Minister may extend the times referred to in subsection (1) if

the Minister is satisfied there is a compelling reason to do so.

Contribution

4 A grant shall not be paid under

section 3 of the Act unless a

minimum of $100 was deposited into the eligible student's registered

education savings plan for each grant being applied for within the year

immediately preceding the application.

Residency

5 A grant shall not be paid under

section 2 or 3 of the Act unless a

parent or guardian of the eligible child or eligible student

(

a) was a resident of Alberta at the applicable birthday, or

(

b) is a resident of Alberta at the time of application.

Beneficiary limitation

6 A grant shall not be paid under

section 2 or 3 of the Act into a

registered education savings plan unless

(

a) the plan has only one beneficiary, or

(

b) all the beneficiaries of the plan are siblings.

Trustee agreements

7(1) If an agreement is made under

section 5 of the Act with the

agreement.

(2) A grant shall not be paid under

section 2 or 3 of the Act into a

registered education savings plan unless a trustee of the plan enters

into an agreement with the Minister with respect to the plan.

(

a) the trustee shall provide the Minister with information that

the Minister requires for the purposes of this Regulation;

(

b) the trustee shall maintain records and books of account that

relate to the payment of grants in such form and containing

such information as the Minister requires to enable the

Minister to determine whether grants will be paid or are

required to be repaid;

(

c) the trustee shall allow the Minister access to all documents

and other information related to registered education savings

plans that the Minister requires for grant audit purposes;

(

d) the trustee shall report to the Minister

(

i) all withdrawals and transfers from the registered

education savings plan relating to grant money, and

(ii) any other information relating to the registered

education savings plan that is specified in the

agreement;

(

e) the reporting referred to in clause (

d) shall be done annually

or within such shorter period that is set out in the agreement;

(

f) the trustee shall submit all information to the Minister in a

form and manner that is acceptable to the Minister.

Use of grant

8(1) In this section,

(a) "eligible alternate beneficiary" means a beneficiary named in

a registered education savings plan who is a sibling of the

eligible beneficiary;

(b) "eligible beneficiary" means a beneficiary who has received

a grant.

(2) If any of the circumstances referred to in subsection (3) occur, the

grant received shall be repaid to the Crown in right of Alberta

(

a) by the trustee on behalf of the subscriber if the registered

education savings plan contains sufficient funds, or

(

b) if there are insufficient funds, by the subscriber or

beneficiary.

(3) The circumstances for the purpose of subsection (2) are as follows:

(

a) the registered education savings plan to which the grant was

deposited is terminated and the grant was not paid out as part

of an educational assistance payment to the eligible

beneficiary or an eligible alternate beneficiary;

(

b) the registration of the registered education savings plan to

which the grant was deposited is revoked;

(

c) the grant or a portion of the grant was withdrawn from the

registered education savings plan and not used as an

educational assistance payment by the eligible beneficiary or

an eligible alternate beneficiary;

(

d) the grant money will not be used as an educational assistance

payment by the eligible beneficiary or an eligible alternate

beneficiary;

(

e) an application under

section 2 contained false information.

(4) The amount of the grant to be repaid under this

section is a debt to

the Crown in right of Alberta.

Repeal

9 The Alberta Centennial Education Savings Plan Regulation

(AR 248/2004) is repealed.

Expiry

10 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on November 30, 2015.

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

Alberta Regulation 96/2008

Victims of Crime Act

VICTIMS OF CRIME AMENDMENT REGULATION

Filed: June 4, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 253/2008)

on June 4, 2008 pursuant to

section 17 of the Victims of Crime Act.

1 The Victims of Crime Regulation (AR 63/2004) is

amended by this Regulation.

Section 8 is amended

(

a) in subsection (4) by striking out "Notwithstanding

subsection (1)" and substituting "Notwithstanding

subsection (1), but subject to subsection (6.1)";

(

b) by adding the following after subsection (6):

(6.1) Subject to subsection (6.4), a victim who suffers a

neurological injury the severity of which is determined to be 190

or higher is eligible for a supplemental financial benefit of $1000

per month.

(6.2) For the purposes of subsection (6.1), the severity of a

neurological injury is to be determined in accordance with

Schedule 3 and by taking into account only a single injury listed

under the heading "Neurological" in

section 3 of that Schedule.

(6.3) Subject to subsections (6.4), (6.6) and (6.7), a

supplemental financial benefit described in subsection (6.1) is

payable for each month, commencing with the month in which

the injury is sustained or the month in which this subsection

comes into force, whichever is later, and for every month

thereafter for the duration of the victim's life.

(6.4) The amount of a supplemental financial benefit described

in subsection (6.1) may be reduced or denied by the Director in

accordance with

section 4, 5 or 6.

(6.5) The Director must, every 12 months, review the injuries of

a victim receiving a supplemental financial benefit to determine

whether the severity of the victim's injuries is still 190 or higher

in accordance with subsection (6.2).

(6.6) If, on review, the Director determines that the severity of

the victim's injuries is lower than 190, the Director must

terminate the supplemental financial benefit effective the month

following the month in which the Director makes the

determination.

(6.7) If a victim receiving a supplemental financial benefit fails

to participate in or to cooperate with a review under subsection

(6.5), the Director may suspend or terminate the supplemental

financial benefit.

(6.8) Subsections (5) and (6) apply for the purposes of a review

under subsection (6.5).

(

c) in subsection (8) by striking out "subsection (4) or (7)"

and substituting "subsection (4), (6.1) or (7)".

Alberta Regulation 97/2008

Court of Appeal Act

Court of Queen's Bench Act

Civil Enforcement Act

ALBERTA RULES OF COURT AMENDMENT REGULATION

Filed: June 4, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 256/2008)

on June 4, 2008 pursuant to

section 16 of the Court of Appeal Act,

section 20 of the

Court of Queen's Bench Act and

section 107 of the Civil Enforcement Act.

1 The Alberta Rules of Court (AR 390/68) are amended by

this Regulation.

2 Rule 513 is repealed and the following is substituted:

Production of court file

513(1) If any party interested considers it necessary that any

original papers or documents on file in the clerk's office or in the

office of a tribunal whose decision is under appeal should be

before the Court, that party may on payment of the necessary

expenses require the clerk or tribunal to transmit them either by

courier or registered mail to the Registrar.

(2) A judge or case management officer may give the clerk,

Registrar or tribunal directions for the purposes of subrule (1).

3 Rule 514(2) is amended by striking out "Appeal books" and

substituting "Materials comprising the appeal record".

4 Rule 515 is repealed.

5 Rule 515.1(1) is repealed and the following is

substituted:

General Appeal List

515.1(1) The Registrar shall enter a case on the General Appeal

List whenever the first of the following events occurs:

(a) 6 months have elapsed since the notice of appeal was

filed;

(

b) the Appeal Digest referred to in Rule 530(1)(c)(

i) and

transcripts have been filed;

(

c) a judge or case management officer directs that the case

be so entered.

6 Rule 530 is repealed and the following is substituted:

Contents of filed record

530(1) Subject to subrule (2), the appeal record

(

a) must contain the following sections:

(

i) Part I

Pleadings, as described in subrule

530.3(a), prepared in accordance

with Rule 530.4, and filed in

accordance with Rule 530.5;

(ii)

Part II

Final Documents, as described in

subrule 530.3(b), prepared in

accordance with Rule 530.4, and

filed in accordance with Rule

530.5;

(iii)

Part III

Any transcripts of oral evidence

required by Rule 530.1(1)(a)(i),

prepared in accordance with Rule

530.2, and filed in electronic and

paper form in accordance with

Rule 530.5;

(

b) may include Extracts of Key Evidence if the parties so

elect, prepared in accordance with Rule 537.2, and filed

in accordance with Rule 537.1;

(

c) must be arranged and indexed in the following order:

(

i) First

Appeal Digest, consisting of Parts

I and II;

(ii)

Second

Part III, oral evidence (if any)

required by Rule 530.1(1)(a)(i);

and the Extracts of Key Evidence are to be separately

indexed in accordance with Rule 537.2(1);

(

d) must contain pages numbered consecutively as follows:

(

i) Part I must commence page numbering with page

P1;

(ii)

Part II must commence page numbering with page

F1;

(iii)

Part III must commence page numbering with page

(iv) if a supplement to the appeal record is filed, the

page numbering for that supplement must continue

sequentially from the last number of the last page

of the immediately preceding record to which the

supplement relates;

and the Extracts of Key Evidence are to be numbered in

accordance with Rule 537.2(1).

(2) All oral or written evidence or exhibits received for that case

by the court or tribunal whose decision is appealed is an official

part of the appeal record, notwithstanding that no copy is officially

filed with the Court of Appeal.

Transcripts, generally

530.1(1) Within 10 days after a notice of appeal is filed the

appellant must, unless otherwise ordered by a judge,

(

a) order from Transcript Management Services of the

Department of Justice, or any other commercial

preparer, a complete verbatim transcript of

(

i) all oral evidence,

(ii) all oral argument in a chambers hearing, if that

hearing did not exceed 1/2 day, and

(iii) any oral reasons for the decision;

(

b) order or commence preparation of the Appeal Digest in

accordance with Rule 530.3.

(2) Subject to subrule (1)(a)(ii), the appellant need not transcribe

oral argument at a civil trial or hearing.

(3) The appellant must file a copy of the order placed under

subrule (1) with the Registrar within 5 days of placing the order.

(4) Any request or countermand for preparation or revision of

transcripts or Appeal Digests must be promptly sent to the office

preparing them, and a copy filed with the appropriate Registrar.

(5) Subrule (4) does not apply to Appeal Digests prepared wholly

by an appellant or a law office.

(6) If no oral record as provided for in subrule (1)(

a) exists, the

appellant must file with the Registrar either

(

a) a certificate of no oral record in Form T of

Schedule A

by the appellant's solicitor, or

(

b) if the appellant is unrepresented, a certificate in Form U

of

Schedule A by the clerk of the court or the tribunal

from which the order, judgment or decision is being

appealed.

Transcripts of oral evidence

530.2(1) The transcripts of oral evidence on the appeal record

must

(

a) when evidence is in the form of a question and an

answer, adhere to the following form:

(

i) the question must commence on a separate line and

be preceded on that line by the letter Q;

(ii) the answer must commence on a separate line

following the line on which the question concludes

and be preceded on the line on which the answer

commences by the letter A;

(iii) each new question and answer must be grouped

and preceded by a blank line;

(

b) number every 5th line in the margin of each page;

(

c) contain single spaced transcripts, subject to Rule 530.6.

(2) The electronic copy of

Part III, the oral evidence portion of the

appeal record, must be filed with the Registrar in a format

satisfactory to the Registrar.

Appeal Digest

530.3 The Appeal Digest must contain the following documents,

excluding the document backers when they are not needed to

distinguish different suits, in chronological, ascending date order:

(

a) Part I, the Pleadings (as identified by the appellant when

ordering or preparing the Appeal Digest), which are any

documents by which proceedings are commenced or by

which the issues in the action are defined, including at

least

(

i) the last amended version of any relevant pleading

that was amended before trial,

(ii) any amendments made at trial, and

(iii) if the appeal concerns any order arising from a

motion, the notice of motion;

(

b) Part II, the Final Documents, which must include

(

i) the transcribed oral or written reasons of the judge

appealed from, and of any Master or tribunal who

was appealed to the judge now appealed from,

(ii) the formal judgment or order appealed from,

(iii) the Notice of Appeal,

(iv) the Certificate of Preparer in Form S of

Schedule

(

v) if the appeal record has been prepared by anyone

other than Transcript Management Services of the

Department of Justice,

(

A) the Clerk's Certificate in Form N of

Schedule

A, and

(

B) the Lawyer's Certificate in Form O of

Schedule A, if the appellant is represented by

counsel,

(vi) in the case of a direct appeal from a tribunal, a

certificate from the tribunal's records custodian or,

where the tribunal has no records custodian, an

agreement as to the authenticity of the records

signed by all parties,

(vii) the "Ban on Publication and Similar Order" form

or any other similar document, if one exists,

(viii) a transcript of all oral argument in a chambers

hearing, if that hearing did not exceed 1/2 day, and

(ix) where applicable, the certificate of no oral record

as provided for in Rule 530.1(6).

Appeal record produced in paper

530.4(1) Any portion of Parts I, II and III of the appeal record

produced in paper form must be prepared in the following manner:

(

a) if they are the original copy, clearly marked as

"original" at the top of the front cover;

(

b) printed or reproduced on one side of good quality,

white, 8 1/2 by 11 inch paper, bound along the right

edge so that the printed pages are to the left;

(

c) bound with heavy stock front and back covers, with

(

i) Appeal Digest covers in red, and

(ii) any transcript covers in grey;

(

d) contain

(

i) a front cover and title page clearly setting out the

information in Form R of

Schedule A, and

(ii) a comprehensive table of contents of all of Parts I,

II and III at the beginning of each volume,

bound along the left edge of the paper, so that the

printed pages are to the right;

(

e) contain legible material only or, if material does not

photocopy well, provide a photocopy together with a

typewritten transcript of the illegible text;

(

f) printed or reproduced in type whose capital letters are at

least 2.9 mm high, whether or not the original is in

smaller type and, if need be, reproducing one original

sheet on 2 or more pages;

(

g) contain no more than 200 pages per volume, and where

any volume would otherwise exceed 200 pages, be split

into separate volumes of approximately equal length.

(2) Notwithstanding Rules 530(1) and 530.4(1), if

Part III does not

exceed a total of 15 pages, it must be included in the Appeal Digest

and be labelled accordingly.

Transcripts of oral testimony

530.5(1) On every appeal that contains transcripts of oral

testimony required by Rule 530.1(1)(a)(i), the appellant must file

with the Registrar

(

a) the original and one paper copy of

Part III, the

transcripts of oral testimony,

(

b) the original and 4 paper copies of Parts I and II, the

Appeal Digest, and

(

c) one electronic copy of

Part III, the transcripts of oral

testimony.

(2) On every appeal when the appeal record contains no

transcripts of oral testimony, the appellant must file with the

Registrar the original and 4 paper copies of Parts I and II, the

Appeal Digest.

(3) In addition to the copies required under subrules (1) and (2),

the appellant must serve on each other party to the appeal a copy of

the Appeal Digest, and an electronic copy of

Part III, any

transcripts of oral testimony.

(4) Transcripts and Appeal Digests must

(

a) be prepared promptly and filed and served forthwith

after they are prepared, and

(

b) unless otherwise ordered by a judge, be filed not later

than 15 weeks from the date on which the notice of

appeal was filed,

or the appeal will be struck by the Registrar.

(5) An appeal that has been struck and has not been restored

within 6 months from the date the appeal was struck is deemed to

be abandoned.

Appeal record that does not conform to Rules

530.6(1) Subject to subrule (2), an appeal record that does not

materially conform to these Rules requires a fiat from a judge, the

Registrar, the Deputy Registrar or a case management officer, and

the fiat must be obtained

(

a) where there is consent, by providing a letter to the

Registrar that sets out the discrepancies and requests

that a fiat be granted;

(

b) where there is no consent, by filing and serving a notice

of motion, supporting affidavit and memorandum

returnable before a judge.

(2) A transcript portion of an appeal record may be filed, without

fiat, if

(

a) it was prepared by an official court reporter or examiner

before service of the notice of appeal, and

(

b) it deviates from Rule 530.2 only in spacing.

7 Rule 535(2) is repealed.

8 The following is added after Rule 537:

Extracts of Key Evidence

537.1(1) If so desired, any appellant, respondent or intervener

may each file Extracts of Key Evidence, prepared in accordance

with Rule 537.2, which may include those

(

a) extracts from the transcribed oral evidence or written

trial or tribunal evidence,

(

b) selected exhibits entered before the trial court or

tribunal, and

(

c) other documents on the trial or tribunal record,

that that party believes will be needed for the disposition of the

appeal or will support the arguments in that party's factum.

(2) Without derogating from Rule 530(2), it is the duty of counsel

on an appeal to ensure so far as possible that only the material

needed for the disposition of the appeal is included in the Extracts

of Key Evidence and to exclude evidence, exhibits and other

material unlikely to be needed.

(3) Notwithstanding subrule (1), parties who are advancing the

same position may, if they wish, file joint Extracts of Key

Evidence.

(4) A party filing Extracts of Key Evidence must, at or before the

time of filing or service of that party's factum,

(

a) file the original and 4 copies of its Extracts of Key

Evidence with the Registrar, and

(

b) serve an additional copy thereof on each of the other

parties.

(5) When Extracts of Key Evidence are not filed within the time

fixed by these Rules, the party in default is not entitled to costs for

preparation of the Extracts of Key Evidence unless the court

otherwise orders.

Extracts of Key Evidence

537.2(1) The Extracts of Key Evidence shall

(

a) contain a comprehensive table of contents of the whole

of that party's Extracts of Key Evidence at the

beginning of each volume,

(

b) be organized in such order as the party filing it desires,

and not necessarily chronologically,

(

c) subject to clause (d), contain pages numbered

consecutively, commencing in the following fashion:

(

i) with Page A1 in the Appellant's Extracts of Key

Evidence;

(ii) with Page R1 in the Respondent's Extracts of Key

Evidence;

(iii) with Page IN1 in the Intervener's Extracts of Key

Evidence,

(

d) not contain any duplicate page numbers, and where

there are multiple appellants, or respondents, or

interveners, they shall cooperate to avoid such

duplication,

(

e) reproduce documents in facsimile, containing legible

material only or, if material does not photocopy well,

provide a photocopy together with a typewritten

transcript of the illegible text, and

(

f) not contain any comment, argument, trial briefs,

authorities or new evidence.

(2) In the case of exhibits that cannot be readily reproduced and

will be referred to in argument, the Extracts of Key Evidence must

be accompanied by a letter to the Registrar requesting that the

original exhibit be made available at the appeal hearing.

(3) If the Extracts of Key Evidence, any other appendices and the

factum together do not exceed a total of 60 pages, the Extracts of

Key Evidence may be included as an appendix to the factum, or

with the book of authorities.

(4) If the Extracts of Key Evidence, any other appendices and the

factum together do exceed a total of 60 pages, the Extracts of Key

Evidence must be filed separately with a front cover and title page

in Form R of

Schedule A, naming the party filing it, and bound

with heavy stock on the front and back covers coloured as follows:

(

a) yellow for the Appellant's Extracts of Key Evidence;

(

b) pink for the Respondent's Extracts of Key Evidence;

(

c) dark blue for the Intervener's Extracts of Key Evidence.

(5) No one volume of the Extracts of Key Evidence may contain

more than 200 pages, and if the total otherwise exceeds that, the

Extracts of Key Evidence shall be split into separate volumes of

approximately equal length.

Expense of preparing and filing

537.3 Each party shall bear the initial expense of preparing and

filing the appeal record and Extracts of Key Evidence which that

party orders or files, but unless otherwise ordered and subject to

Rule 537.1(5), the reasonable costs of preparation shall be a

taxable disbursement in the appeal.

9 Rule 538(1)(

a) is amended by striking out "appeal books

have been" and substituting "Appeal Digest was".

10 The following is added after Rule 540(2):

(2.1) Any factum filed by any party must cite passages in the oral

evidence both to the electronic appeal record and to its Extracts of

Key Evidence, if applicable.

Schedule A is amended in Form N by repealing clauses

(

a) and (

b) and substituting the following:

(

a) the foregoing appeal record contains true copies of all

material as set by

(

i) Rules 530 to 530.6 of the Alberta Rules of Court, or

(ii) a Justice of the Court of Appeal,

and

(

b) the copies of the materials in the appeal record are

(

i) as taken from the court file,

(ii) as furnished to me by counsel for the parties, or

(iii) as furnished to me by the appellant.

Schedule A is amended in Form O by striking out

"appeal book" wherever it occurs and substituting "Appeal

Digest".

Schedule A is amended in Form R

(

a) by striking out "Title of book" and substituting "Title

of volume";

(

b) by striking out "prepared the appeal books" and

substituting "prepared the appeal record";

(

c) by striking out "appeal books have" and substituting

"appeal record has".

Schedule A is amended in Form S

(

a) by repealing clause (

a) and substituting the

following:

(

a) I prepared the foregoing appeal record and it contains

true copies of all material as set by1

_ Rules 530 to 530.6 of the Alberta Rules of Court,

_ Part J.6 of the Consolidated Practice Directions, or

_ a Justice of the Court of Appeal,

(

b) by striking out "Appeal Books" wherever it occurs

and substituting "Appeal Record".

Schedule A is amended by adding the forms set out in

the

Schedule to this Regulation after Form S.

Schedule E under the heading "Tariff of Fees Payable

for Court Reporting Services" is amended by striking out

section 3 and substituting the following:

Appeal Record

3 For the appeal record in the Court of Appeal of

Alberta bound

(

a) for indexes and certificates for

the appeal record, and for viva voce

evidence, per page $ 3.70

(

b) for pleadings and exhibits, per page 2.00

(

c) for each additional copy of any part

of the appeal record, per page .20

Parties may purchase the original

record only, and reproduce

additional copies at their expense

(

d) for each copy of an ASCII disk, per

page .20

(

e) for a disk in an electronic format

approved by the Court, per page .40

17 In the following provisions "appeal book" is struck out

and "appeal record" is substituted:

Rule 533;

Rule 540(1) and (8);

Rule 723(b).

18 In the following provisions "appeal books" is struck out

wherever it occurs and "appeal records" is substituted:

Rule 534;

Rule 537;

Rule 723(b), (

d) and (g).

19 This Regulation comes into force on August 1, 2008.

Schedule

Form T

Lawyer's Certificate of No Oral Record

I certify to the Court that

1 I am an active member of The Law Society of Alberta;

I am a barrister and solicitor on the active roll of (name of law

society) and, pursuant to

section 48 of the Legal Profession Act,

I am authorized to act in this matter;

2 Except as otherwise specified in this appeal record, no oral

record as provided for in Rule 530.1(1)(

a) of the Alberta Rules

of Court exists.

Dated , 20 .

Lawyer's Signature

Name of Lawyer:

Address:

Form U

Clerk's/Tribunal's Certificate of No Oral Record

I certify to the Registrar of the Court of Appeal of Alberta that

Except as otherwise specified in this appeal record, no oral record as

provided for in Rule 530.1(1)(

a) of the Alberta Rules of Court exists.

Dated , 20 .

Clerk of the Court of Queen's Bench

or the tribunal

Name:

Title:

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

Alberta Regulation 98/2008

Personal Directives Act

PERSONAL DIRECTIVES AMENDMENT REGULATION

Filed: June 11, 2008

For information only: Made by the Minister of Seniors and Community Supports

(M.O. 038/2008) on May 30, 2008 pursuant to

section 33 of the Personal Directives

Act.

1 The Personal Directives Regulation (AR 26/98) is

amended by this Regulation.

2 The title is amended by adding "(MINISTERIAL)" after

"DIRECTIVES".

Section 1 is repealed.

Section 5 is repealed and the following is substituted:

Forms

5(1) The form of a personal directive for the purposes of

section

6.1 of the Act is set out in

Schedule 1.

(2) The form of a declaration for the purposes of

section 9(2)(

a) of

the Act is set out in

Schedule 2.

(3) The form of a declaration for the purposes of

section 9(2)(

b) of

the Act is set out in

Schedule 3.

(4) The form of a determination for the purposes of

section

10.1(1) of the Act is set out in

Schedule 4.

(5) The form of a determination for the purposes of

section

10.1(2) of the Act is set out in

Schedule 5.

(6) The form of a determination for the purposes of

section

10.1(5) of the Act is set out in

Schedule 6.

(7) The form of a complaint for the purposes of

section 24.2 of the

Act is set out in

Schedule 7.

5 The

Schedule is repealed and the following is

substituted:

Schedule 1

Personal Directive

(Section 6.1)

I, (name of maker) , make this Personal Directive.

This Personal Directive takes effect with respect to personal matters

that relate to me when it is determined, in accordance with the

Personal Directives Act, that I do not have capacity to make personal

decisions with respect to those matters.

I have placed my initials next to the provisions in this document that

form part of my Personal Directive.

1. Revocation of previous personal directive

Initials I revoke all previous personal directives made by me.

2. Designation of agent

Initials I designate (name of agent or agents) as my

agent(s).

Initials I designate the Public Guardian as my agent.

I have consulted with the Public Guardian and the Public Guardian is

satisfied that no other person is able and willing to act as my agent.

The Public Guardian has agreed to be my agent.

Initials I do not wish to designate an agent, but provide the

following information and instructions to be followed by a service

provider who intends to provide personal services to me:

3. Areas of authority

Initials I give my agent(

s) the authority to make personal

decisions on my behalf for all the personal matters, of a non-financial

nature, that relate to me.

Initials I give the following agent(

s) the authority to make

personal decisions on my behalf for the following personal matters, of

a non-financial nature, that relate to me:

Initials health care (name of agent(s)) ;

Initials accommodation (name of agent(s)) ;

Initials with whom I may live and associate

(name of agent(s)) ;

Initials participation in social activities

(name of agent(s)) ;

Initials participation in educational activities

(name of agent(s)) ;

Initials participation in employment activities

(name of agent(s)) ;

Initials legal matters (name of agent(s)) ;

Initials other personal matters as follows (name

of agent(s)) :

4. Designation of agent for temporary care and education of minor

child(ren) (Optional)

Initials I designate (name of agent) as an agent who has the

authority to take over the care and education of my minor child(ren)

until one of the events described in

section 7(1)(

e) of the Act happens.

5. Specific instructions (Optional)

Initials I instruct my agent(

s) to carry out the following

specific instructions when making decisions about my personal

matters:

Initials______ If I have not designated an agent, or if my agent(

s) are

unable or unwilling to make a personal decision or cannot be contacted

after every reasonable effort has been made, I instruct a service

provider who intends to provide personal services to me to follow the

following instructions that are relevant to the decision to be made:

6. Other information (Optional)

Initials I provide the following information to help my agent(

s) understand my wishes, beliefs and values when making decisions

about my personal matters:

7. Who determines my capacity (Optional)

Initials I designate (name of individual(s)) , to determine

my capacity under

section 9 of the Personal Directives Act.

8. Notification (Optional)

Initials If a determination is made under the Personal

Directives Act that I lack capacity to make personal decisions, I

instruct the person making the determination to provide a copy of the

declaration to me, the agent(

s) I have designated in this Personal

Directive, if any, and the following people:

9. Signatures

Signed by me in the presence of my witness at (location) , in the

Province of Alberta, this (day) of (month) , (year) .

(signature of maker) (signature of witness in the presence of maker)

(printed name of witness)

(address of witness)

Note: Witness should also initial provisions initialled by maker.

Note: The following persons may not witness the signing of a

personal directive:

_ a person designated in the directive as an agent

_ the spouse or adult interdependent partner of a person designated in

the directive as an agent

_ the spouse or adult interdependent partner of the maker

_ a person who signs the directive on behalf of the maker

_ the spouse or adult interdependent partner of a person who signs the

directive on behalf of the maker

10. Acknowledgement (Optional)

I (We) acknowledge that I(we) have received a copy of this personal

directive.

Name

Agent

Signature

of Agent

Location

Where

Signed

Date of

Signing

Telephone

Numbers

of Agent

Mailing

Address

of Agent

E-mail

Address

of Agent

Schedule 2

Declaration of Incapacity to Make Decisions

about a Personal Matter (Section 9(2)(a))

(To be used when a person designated in the personal directive to

determine capacity consults with a physician or psychologist.)

Part 1

(To be completed by the person designated in the personal

directive to determine capacity after consultation with a physician

or psychologist.)

"capacity" means the ability to understand the information that is

relevant to the making of a personal decision and the ability to

appreciate the reasonably foreseeable consequences of the decision

(s1(

b) of the Personal Directives Act).

I, (name) , am designated in the personal directive made by the

maker, (name of maker) , as the person who is to determine his/her

capacity.

Before conducting an assessment of the capacity of the maker, I met

with the maker and explained the purpose and nature of the

assessment, the maker's right to refuse to be assessed and the

significance and effect of a finding that the maker lacks capacity to

make personal decisions.

The reason(

s) I assessed the maker's capacity are as follows:

I identified that an assessment of the maker's capacity to make

personal decisions was warranted with respect to the following

personal matters:

After consulting with (name of Alberta physician or psychologist)

and interviewing the maker, I have determined and declare that

(name of maker) lacks the capacity to make decisions about the

following personal matter(

s) of a non-financial nature (check any or all

that apply):

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

The reasons for my determination are as follows:

1. The level of consciousness of the maker at the time of my

determination was (check one):

_ alert

_ fluctuating

_ non-responsive

2. It is my understanding that all temporary medical conditions that

may affect the maker's capacity have been ruled out:

_ YES

3. In my opinion, the maker:

_ Is unable to understand the information that is needed to

make a decision about the above-specified personal matter(

s) and is unable to understand the options presented.

_ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to retain the information that is relevant to making

a decision about the above-specified personal matter(s).

_ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to identify and appreciate the consequences of

making or not making a decision about the above-specified

personal matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to communicate his/her decision about the

above-specified personal matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

I recommend that this declaration be reviewed on (date) .

(Optional)

Dated at (location) in the Province of Alberta this

(day) day of (month) , (year) .

Signature of person Printed name of person

completing

Part 1 completing

Part 1

Part 2

(To be completed by the physician or psychologist consulted by the

person who completed

Part 1.)

I, (name) , am a member in good standing of the (College of

Physicians and Surgeons of the Province of Alberta/College of Alberta

Psychologists) .

Before conducting an assessment of the capacity of the maker, (name

of maker) , I met with the maker and explained the purpose and

nature of the assessment, the maker's right to refuse to be assessed and

the significance and effect of a finding that the maker lacks capacity to

make personal decisions.

I have interviewed the maker and consulted with (name of person

who completed

Part 1) .

The reason(

s) I assessed the maker's capacity are as follows:

I am of the opinion that (name of maker) lacks the capacity to

make decisions about the following personal matter(

s) of a

non-financial nature (check any or all that apply):

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

The reasons for my determination are as follows:

1. The level of consciousness of the maker at the time of my

determination was (check one):

_ alert

_ fluctuating

_ non-responsive

2. Based on a medical evaluation by (name of physician) on

(day/month/year) , all temporary medical conditions that may affect

the capacity of the maker have been ruled out:

_ YES

3. In my opinion, the maker:

_ Is unable to understand the information that is needed to

make a decision about the above-specified personal matter(

s) and is unable to understand the options presented.

_ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to retain the information that is relevant to making

a decision about the above-specified personal matter(s).

_ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to identify and appreciate the consequences of

making or not making a decision about the above-specified

personal matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to communicate his/her decision about the

above-specified personal matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

4. I have attached a more detailed capacity assessment or report.

(Optional) _ Yes _ No

I recommend that this declaration be reviewed on (date) .

(Optional)

Dated at (location) in the Province of Alberta this

(day) day of (month) , (year) .

Signature of physician/ Printed name of physician/

psychologist completing

Part 2 psychologist completing

Part 2

Schedule 3

Declaration of Incapacity to Make Decisions

about a Personal Matter (Section 9(2)(b))

Part 1

(To be completed by a service provider who is a physician or

psychologist.)

"capacity" means the ability to understand the information that is

relevant to the making of a personal decision and the ability to

appreciate the reasonably foreseeable consequences of the decision

(s1(

b) of the Personal Directives Act).

I, (name) , am a member in good standing of the (College of

Physicians and Surgeons of the Province of Alberta/College of Alberta

Psychologists) .

Before conducting an assessment of the capacity of the maker, (name

of maker) , I met with the maker and explained the purpose and

nature of the assessment, the maker's right to refuse to be assessed and

the significance and effect of a finding that the maker lacks capacity to

make personal decisions.

The reason(

s) I assessed the maker's capacity are as follows:

I identified that an assessment of the maker's ability to make personal

decisions was warranted with respect to the following personal

matters:

I have interviewed the maker and have determined that the maker lacks

the capacity to make a decision about the following personal matter(

s) of a non-financial nature (check any or all that apply):

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

The reasons for my determination are as follows:

1. The level of consciousness of the maker at the time of my

determination was (check one):

_ alert

_ fluctuating

_ non-responsive

2. Based on a medical evaluation made by (name of physician) on

(day/month/year) , all temporary medical conditions that may affect

the capacity of the maker have been ruled out: _ YES

3. In my opinion, the maker:

_ Is unable to understand the information that is needed to

make a decision about the above-specified personal matter(

s) and is unable to understand the options presented.

_ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to retain the information that is relevant to making

a decision about the above-specified personal matter(s).

_ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to identify and appreciate the consequences of

making or not making a decision about the above-specified

personal matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to communicate his/her decision about the

above-specified personal matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

4. I have attached a more detailed capacity assessment or report.

(Optional) _ Yes _ No

I recommend that this declaration be reviewed on (date) .

(Optional)

Dated at (location) in the Province of Alberta this

(day) day of (month) , (year) .

Signature of physician/ Printed name of physician/

psychologist completing

Part 1 psychologist completing

Part 1

Part 2

(To be completed by a service provider.)

I, (name) , am (title/position of service provider) .

Before conducting an assessment of the capacity of the maker, (name

of maker) , I met with the maker and explained the purpose and

nature of the assessment, the maker's right to refuse to be assessed and

the significance and effect of a finding that the maker lacks capacity to

make personal decisions.

The reason(

s) I assessed the maker's capacity are as follows:

I identified that an assessment of the maker's ability to make personal

decisions was warranted with respect to the following personal

matters:

I have interviewed the maker and have determined that the maker lacks

the capacity to make a decision about the following personal matter(

s) of a non-financial nature (check any or all that apply):

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

The reasons for my determination are as follows:

1. The level of consciousness of the maker at the time of my

determination was (check one):

_ alert

_ fluctuating

_ non-responsive

2. It is my understanding that all temporary medical conditions that

may affect the maker's capacity have been ruled out:

_ YES

3. In my opinion, the maker:

_ Is unable to understand the information that is needed to

make a decision about the above-specified personal matter(

s) and is unable to understand the options presented.

_ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to retain the information that is relevant to making

a decision about the above-specified personal matter(s).

_ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to identify and appreciate the consequences of

making or not making a decision about the above-specified

personal matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is unable to communicate his/her decision about the

above-specified personal matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

4. I have attached a more detailed capacity assessment or report.

(Optional) _ Yes _ No

I recommend that this declaration be reviewed on (date) .

(Optional)

Dated at (location) in the Province of Alberta this

(day) day of (month) , (year) .

Signature of service Printed name of service

provider completing

Part 2 provider completing

Part 2

Schedule 4

Determination of Regained

Capacity (Section 10.1(1))

(To be used after a personal directive is in effect when an agent of

the maker notices a significant change in the maker's capacity and

a service provider who provides health care services agrees that

the maker has regained the capacity to make decisions about

personal matters.)

Part 1

"capacity" means the ability to understand the information that is

relevant to the making of a personal decision and the ability to

appreciate the reasonably foreseeable consequences of the decision

(s1(

b) of the Personal Directives Act).

"significant change" means an observable and sustained improvement

that does not appear to be temporary (s1(

o) of the Personal Directives

Act).

The maker, (name of maker) , has a personal directive that is in

effect with respect to the following personal matters:

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

I, (name of agent) , am designated in the maker's personal directive

as an agent with authority to make personal decisions for the following

personal matters:

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

I spoke with the maker, (name of maker) , about whether he/she has

regained capacity to make personal decisions. (Required)

I spoke with (name of service provider) , a service provider who has

recently provided a health care service to the maker, about whether the

maker has regained capacity to make personal decisions. (Required)

I spoke with (name of agent(s)) , other agents named in the personal

directive, about whether the maker has regained capacity to make

personal decisions. (Optional)

I have reviewed health or other records about the maker that are

relevant to my assessment of the maker's capacity, and have discussed

the records with (name of physician or health care practitioner) , the

maker's physician or other health care practitioner. (Optional)

I have considered recent statements or recommendations made by

(names of health care practitioners) , health care practitioners who

were consulted about the maker's capacity. (Optional)

In assessing whether the maker has regained capacity:

1. _ I have observed a significant change in the maker's

capacity, OR

_ I am satisfied that (name of service provider) , a service

provider who provides health care services to the maker, has observed

a significant change in the maker's capacity.

(One of the above is required)

2. _ I have considered statements or other evidence provided by

(name) , a service provider, agent or other person, that corroborate

that there has been a change in the maker's capacity to make personal

decisions. (Required)

Details respecting the statements or other evidence I considered are as

follows:

3. _ I considered the following period of time over which the

change in the maker's capacity was observed by the service provider,

agents or other person: _________to _________. (Required)

I have determined that the maker has regained the capacity to make

decisions about the following personal matter(s) (check any or all that

apply):

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

In addition to my opinions expressed above, I wish to add the

following comments in support of my determination (Optional):

Dated at (location) in the Province of Alberta this

(day) day of (month) , (year) .

Signature of agent Printed name of agent

Part 2

I, (name of service provider) , am a service provider who provides

health care services.

I have consulted with (name of agent who completed

Part 1) , an

agent of the maker, about whether the maker has regained capacity to

make personal decisions. (Required)

I spoke with the maker, (name of maker) , about whether he/she has

regained capacity to make personal decisions. (Required)

I spoke with (name of service provider) , a service provider who has

recently provided a health care service to the maker, about whether the

maker has regained capacity to make personal decisions. (Required)

I spoke with (name of agent(s)) , other agents named in the personal

directive, about whether the maker has regained capacity to make

personal decisions. (Optional)

I have reviewed health or other records about the maker that are

relevant to my assessment of the maker's capacity, and have discussed

the records with (name of physician or health care practitioner) , the

maker's physician or other health care practitioner. (Optional)

I have considered recent statements or recommendations made by

(names of health care practitioners) , health care practitioners who

were consulted about the maker's capacity. (Optional)

In assessing whether the maker has regained capacity:

1. I am satisfied that

_ (name of agent) , an agent of the maker, or

_ (name of service provider) , a service provider who provides

health care services to the maker,

has directly observed a significant change in the maker's capacity.

(One of the above is required)

2. _ I have considered statements or other evidence provided by

(name) , a service provider, agent or other person, that corroborate

that there has been a change in the maker's capacity to make personal

decisions. (Required)

Details respecting the statements or other evidence I considered are as

follows:

3. _ I considered the following period of time over which the

change in the maker's capacity was observed by the service provider,

agents or other person: _________to _________. (Required)

I have determined that the maker has regained the capacity to make

decisions about the following personal matter(s) (check any or all that

apply):

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

In addition to my opinions expressed above, I wish to add the

following comments in support of my determination (Optional):

Dated at (location) in the Province of Alberta this

(day) day of (month) , (year) .

Signature of Printed name of

service provider service provider

Schedule 5

Determination of Regained

Capacity (Section 10.1(2))

(To be used after a personal directive is in effect when a service

provider who provides or intends to provide health care services to

the maker notices a significant change in the maker's capacity.)

Part 1

"capacity" means the ability to understand the information that is

relevant to the making of a personal decision and the ability to

appreciate the reasonably foreseeable consequences of the decision

(s1(

b) of the Personal Directives Act).

"significant change" means an observable and sustained improvement

that does not appear to be temporary (s1(

o) of the Personal Directives

Act).

The maker, (name of maker) , has a personal directive that is in

effect with respect to the following personal matters:

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

I, (name of service provider) , am a service provider who provides

or intends to provide health care services to the maker.

I spoke with the maker, (name of maker) , about whether he/she

has regained capacity to make personal decisions. (Required)

I spoke with (name of service provider) , a service provider who has

recently provided a health care service to the maker, about whether the

maker has regained capacity to make personal decisions. (Required)

I spoke with (name of agent(s)) , agent(

s) named in the personal

directive, about whether the maker has regained capacity to make

personal decisions. (Optional)

I have reviewed health or other records about the maker that are

relevant to my assessment of the maker's capacity, and have discussed

the records with (name of physician or health care practitioner) , the

maker's physician or other health care practitioner. (Optional)

I have considered recent statements or recommendations made by

(names of health care practitioners) , health care practitioners who

were consulted about the maker's capacity. (Optional)

In assessing whether the maker has regained capacity:

1. I am satisfied that

_ (name of agent) , an agent of the maker, or

_ (name of service provider) , a service provider who provides

health care services to the maker,

has directly observed a significant change in the maker's capacity.

(One of the above is required)

2. _ I have considered statements or other evidence provided by

(name) , a service provider, agent or other person, that corroborate

that there has been a change in the maker's capacity to make personal

decisions. (Required)

Details respecting the statements or other evidence I considered are as

follows:

3. _ I considered the following period of time over which the

change in the maker's capacity was observed by the service provider,

agents or other person: _________to _________. (Required)

I have determined that the maker has regained the capacity to make

decisions about the following personal matter(s) (check any or all that

apply):

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

In addition to my opinions expressed above, I wish to add the

following comments in support of my determination (Optional):

Dated at (location) in the Province of Alberta this

(day) day of (month) , (year) .

Signature of Printed name of

service provider service provider

Part 2

(To be used if an agent is designated in the personal directive with

authority to make personal decisions in the personal matter noted

Part 1 above.)

I, (name of agent) , am designated in the maker's personal directive

as an agent with authority to make personal decisions for the following

personal matters:

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

I have consulted with (name of service provider who completed

Part

1) , a service provider who provides or intends to provide health care

services to the maker, about whether the maker has regained capacity

to make personal decisions. (Required)

I spoke with the maker, (name of maker) , about whether he/she has

regained capacity to make personal decisions. (Required)

I spoke with (name of service provider) , a service provider who has

recently provided a health care service to the maker, about whether the

maker has regained capacity to make personal decisions. (Required)

I spoke with (name of agent(s)) , other agents named in the personal

directive, about whether the maker has regained capacity to make

personal decisions. (Optional)

I have reviewed health or other records about the maker that are

relevant to my assessment of the maker's capacity, and have discussed

the records with (name of physician or health care practitioner) , the

maker's physician or other health care practitioner. (Optional)

I have considered recent statements or recommendations made by

(names of health care practitioners) , health care practitioners who

were consulted about the maker's capacity. (Optional)

In assessing whether the maker has regained capacity:

1. I am satisfied that

_ (name of agent) , an agent of the maker, or

_ (name of service provider) , a service provider who provides

health care services to the maker,

has directly observed a significant change in the maker's capacity.

(One of the above is required)

2. _ I have considered statements or other evidence provided by

(name) , a service provider, agent or other person, that corroborate

that there has been a change in the maker's capacity to make personal

decisions. (Required)

Details respecting the statements or other evidence I considered are as

follows:

3. _ I considered the following period of time over which the

change in the maker's capacity was observed by the service provider,

agents or other person: _________to _________. (Required)

I have determined that the maker has regained the capacity to make

decisions about the following personal matter(s) (check any or all that

apply):

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

In addition to my opinions expressed above, I wish to add the

following comments in support of my determination (Optional):

Dated at (location) in the Province of Alberta this

(day) day of (month) , (year) .

Signature of agent Printed name of agent

Schedule 6

Determination of Regained

Capacity (Section 10.1(5))

(To be completed by 2 service providers, one of whom is a

physician or psychologist, after a personal directive is in effect

when the agent and a service provider who provides health care

services to the maker disagree that the maker has regained the

capacity to make decisions about personal matters.)

Part 1

"capacity" means the ability to understand the information that is

relevant to the making of a personal decision and the ability to

appreciate the reasonably foreseeable consequences of the decision

(s1(

b) of the Personal Directives Act).

"significant change" means an observable and sustained improvement

that does not appear to be temporary (s1(

o) of the Personal Directives

Act).

I, (name of consulted physician/psychologist) , am a member in

good standing of the (College of Physicians and Surgeons of the

Province of Alberta/College of Alberta Psychologists) .

I was asked by (name of agent or service provider) to assess the

capacity of the maker, (name of maker) , because the maker's agent

and a service provider who provides health care services to the maker

have assessed the maker's capacity and disagree about whether the

maker has regained the capacity to make decisions about personal

matters.

I identified that an assessment of the maker's ability to make personal

decisions was warranted with respect to the following personal

matters:

Before conducting an assessment of the maker's capacity, I determined

that it was in the best interest of the maker to conduct the assessment,

and met with the maker and explained to the maker the purpose and

nature of the assessment.

I have interviewed the maker and determined that he/she has regained

the capacity to make decisions about the following personal matter(

s) of a non-financial nature (check any or all that apply):

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

The reasons for my determination are as follows:

1. The level of consciousness of the maker at the time of my

determination was (check one):

_ alert

_ fluctuating

_ non-responsive

2. I have identified and ruled out any temporary medical conditions

that may affect the maker's capacity to make personal

decisions: _ Yes

3. In my opinion, the maker:

_ Is able to understand the information that is needed to make a

decision about the above-specified personal matter(

s) and is

unable to understand the options presented. _ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is able to retain the information that is relevant to making a

decision about the above-specified personal matter(s).

_ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is able to identify and appreciate the consequences of making

or not making a decision about the above-specified personal

matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is able to communicate his/her decision about the

above-specified personal matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

4. I have attached a more detailed capacity assessment or report.

(Optional) _ Yes _ No

Dated at (location) in the Province of Alberta this

(day) day of (month) , (year) .

Signature of physician/ Printed name of physician/

psychologist completing

Part 1 psychologist completing

Part 1

Part 2

I, (name and title/position of service provider) , am a service

provider.

The reason(

s) I assessed the maker's capacity are as follows:

I identified that an assessment of the maker's ability to make personal

decisions was warranted with respect to the following personal

matters:

Before conducting an assessment of the maker's capacity, I determined

that it was in the best interest of the maker to conduct the assessment,

and met with the maker and explained to the maker the purpose and

nature of the assessment.

I have interviewed the maker and determined that he/she has regained

the capacity to make decisions about the following personal matter(

s) of a non-financial nature (check any or all that apply):

_ health care

_ accommodation

_ with whom to live and associate

_ participation in social activities

_ participation in educational activities

_ participation in employment activities

_ legal matters

_ other:_____________

The reason(

s) for my determination are as follows:

1. The level of consciousness of the maker at the time of my

determination was (check one):

_ alert

_ fluctuating

_ non-responsive

2. I have identified and ruled out any temporary medical conditions

that may affect the maker's capacity to make personal

decisions: _ Yes

3. In my opinion, the maker:

_ Is able to understand the information that is needed to make a

decision about the above-specified personal matter(

s) and is

unable to understand the options presented. _ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is able to retain the information that is relevant to making a

decision about the above-specified personal matter(s).

_ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is able to identify and appreciate the consequences of making

or not making a decision about the above-specified personal

matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

_ Is able to communicate his/her decision about the

above-specified personal matter(s). _ Yes _ No

My reason(

s) for this opinion are as follows:

4. I have attached a more detailed capacity assessment or report.

(Optional): _ Yes _ No

Dated at (location) in the Province of Alberta this

(day) day of (month) , (year) .

Signature of service Printed name of service

provider completing

Part 2 provider completing

Part 2

Schedule 7

Complaint to the Public Guardian

(section 24.2)

1. Your contact information

(

a) What is your name, address, preferred telephone contact

number and alternate telephone number (please state whether

these numbers are for home, work, cell, pager or other),

e-mail address (if any), fax number (if any)? Please write in

the space below.

(

b) What is your relationship to the person who made the

personal directive?

2. Information about the person who made the personal directive

(if known):

What is the maker's name, address, preferred telephone

contact number and alternate telephone number (please state

whether these numbers are for home, work, cell, pager or

other), e-mail address (if any), fax number (if any)? Please

write in the space below.

3. Information about the agent (person named in the personal

directive to make decisions on behalf of the maker and who is the

subject of your complaint) if known:

What is the agent's name, address, preferred telephone

contact number and alternate telephone number (please state

whether these numbers are for home, work, cell, pager or

other), e-mail address (if any), fax number (if any)? Please

write in the space below.

4. Information about the personal directive

(

a) Do you have any other information about the personal

directive (such as areas of agent's authority to make

decisions)? If so, please write in the space below.

(

b) What is the date when the personal directive was brought into

effect (if known)?

5. Nature of your complaint

(

a) What are the details of your complaint, including dates or

time periods and any steps you may have taken to resolve the

matter? Please write in the space below.

(

b) If you think this complaint requires the urgent attention of the

Public Guardian and there is immediate concern about the

safety of the maker, please explain why in the space below:

NOTE: A complaint may only be made about a matter

referred to in

section 24.2 of the Personal Directives Act.

6. People who can provide further information

What are the full names, titles (if any), addresses and

preferred telephone contact numbers and alternate telephone

numbers of any person who may be able to provide further

information about your complaint or about the maker's

circumstances? [optional]. Please write in the space below.

NOTE: If the subject-matter of your complaint could be an

offence under the Criminal Code (Canada), abuse against a

client under the Protection for Persons in Care Act or an

offence under another statute or regulation of Alberta, the

Public Guardian will refer the complaint to a police service

or appropriate government ministry in accordance with s24.6

of the Personal Directives Act.

Dated at (location) in the Province of Alberta this

(day) day of (month) , (year) .

Signature of Person Making Complaint

Your personal information is being collected under

section 24.5 of the

Personal Directives Act and will be used for the purposes of

conducting an investigation or resolving a complaint under

Part 4.1 of

the Personal Directives Act, making a Court application under

section

25 of the Personal Directives Act or as authorized or required under

the Freedom of Information and Protection of Privacy Act or other

enactment. If you have any questions about this collection, you may

contact the Office of the Public Guardian at (780) 422-1868.

6 This Regulation comes into force on the coming into

force of the Personal Directives Amendment Act, 2007.

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

Alberta Regulation 99/2008

Personal Directives Act

PERSONAL DIRECTIVES REGULATION

Filed: June 11, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 261/2008)

on June 11, 2008 pursuant to

section 34 of the Personal Directives Act.

Table of Contents

Definitions

2 Required information

3 Personal Directives Registry

4 Registering information in personal directives registry

5 Access, use and disclosure of registry information

6 Agreements

7 Assessments under s9(2)(

a) of Act

8 Assessments under s9(2)(

b) of Act

9 Assessments by agent under s10.1 of Act

10 Assessments by service provider under s10.1 of Act

11 Assessments under s10.1(5) of Act

12 Investigation by Public Guardian

13 Expiry

14 Coming into force

Definitions

1(1) In the Act and this Regulation,

(a) "health care practitioner" means a person, regulated by a

professional Act, who provides health care to any person;

(b) "Minister" means the Minister determined under

section 16

of the Government Organization Act as the Minister

responsible for the Act;

(c) "physician" means a person registered as a medical

practitioner under the Medical Profession Act;

(d) "professional Act" means

an Act that regulates a health care

profession;

(e) "psychologist" means a person who is a regulated member of

the College of Alberta Psychologists under the Health

Professions Act;

(f) "record" means a record of information in any form;

(g) "residential facility" means

(

i) a nursing home as defined in the Nursing Homes Act,

(ii) a place of care, licensed under the Social Care Facilities

Licensing Act, for persons who are aged or infirm or

who require special care,

(iii) an approved hospital or auxiliary hospital as defined in

the Hospitals Act, or

(iv) lodge accommodation as defined in the Alberta Housing

Act.

(2) In this Regulation,

(a) "approved service provider" means a person or organization

that has entered into an agreement described in

section 6(1)

with the Minister;

(b) "authorized user" means a person designated by an approved

service provider under

section 6(3) as an authorized user;

(c) "personal directives registry" means the registry established

under

section 3;

(d) "registry information" means information referred to in

section 4(1) that is registered in the personal directives

registry;

(e) "third party" means, in respect of a maker, any of the

following:

(

i) the maker's agent, spouse, adult interdependent partner,

child, parent, brother, sister, grandparent, grandchild,

uncle, aunt, nephew, niece, son-in-law or

daughter-in-law;

(ii) the director of a residential facility in which the maker

resides, or a person designated by the director;

(iii) the maker's lawyer;

(iv) the maker's physician.

Required information

2(1) The information that a maker must provide to the Public

Guardian pursuant to

section 7.1 of the Act is as follows:

(

a) the maker's full legal name, telephone number, mailing

address, and e-mail address, if any;

(

b) the name and contact information of a person that the maker

would like the Public Guardian to contact in an emergency

situation;

(

c) a copy of the maker's personal directive.

(2) If the Public Guardian consents to being designated as a maker's

agent, the maker must provide the information referred to in subsection

(1) any time that there is a change to the information or at the request

of the Public Guardian.

Personal Directives Registry

3 The Minister shall establish and maintain a registry containing

information registered in accordance with

section 7.2 of the Act and

this Regulation.

Registering information in personal directives registry

4(1) A maker, or a third party on behalf of a maker, may provide the

following information to the Minister for registration in the personal

directives registry:

(

a) the date the maker signed the personal directive;

(

b) the maker's name, telephone number, mailing address, e-mail

address, date of birth and personal health number;

(

c) the name, telephone number, mailing address and e-mail

address of any person designated in the personal directive as

an agent of the maker.

(2) The Minister may register information referred to in subsection

(1)(

a) or (

b) with respect to a maker if the maker confirms, in a manner

satisfactory to the Minister, that

(

a) the information is correct, and

(

b) the maker consents to the information being registered in the

personal directives registry and used and disclosed in

accordance with this Regulation.

(3) The Minister may register information referred to in subsection

(1)(

c) with respect to a person designated in a personal directive as an

agent of a maker if

(

a) the maker confirms, in a manner satisfactory to the Minister,

that the person is designated as an agent of the maker, and

(

b) the agent confirms, in a manner satisfactory to the Minister,

that

(

i) the information is correct, and

(ii) the agent consents to the information being registered in

the personal directives registry and used and disclosed

in accordance with this Regulation.

Access, use and disclosure of registry information

5(1) Registry information may be accessed, used and disclosed as

follows:

(

a) a maker may access registry information that relates to the

maker and to agents of the maker;

(

b) an agent of a maker may access registry information that

relates to the agent;

(

c) the Minister may

(

i) enter, update, correct and delete registry information,

(ii) disclose registry information to persons who are

authorized to access it under this Regulation,

(iii) access, use and disclose registry information in the

personal directives registry for administrative purposes,

including statistical analysis and reporting, research,

program planning and policy development, and

(iv) disclose registry information to the Public Guardian for

the purposes of an investigation under

section 24.3 of

the Act;

(

d) an approved service provider and its authorized users may

access and use registry information only for the purpose of

(

i) determining whether persons under the care of the

approved service provider have made personal

directives, and

(ii) contacting agents of makers under the care of the

approved service provider.

(2) If a person who is interested in the welfare of a maker requests

registry information respecting the maker or an agent of the maker, the

Minister may

(

a) collect the person's contact information and, with the

person's consent, disclose it to the maker or agent, as the

case may be, to enable the maker or agent to contact the

person, or

(

b) disclose the registry information to the person if, in the

opinion of the Minister, the disclosure is in the best interest

of the maker.

Agreements

6(1) The Minister may enter into an agreement with any of the

following persons or organization that permits that person or

organization to access registry information as an approved service

provider in accordance with this Regulation:

(

a) a service provider who provides health care services;

(

b) a public body under the Freedom of Information and

Protection of Privacy Act;

(

c) a custodian under the Health Information Act;

(

d) an organization under the Personal Information Protection

Act.

(2) An agreement under subsection (1) must be in the form specified

by the Minister.

(3) An approved service provider may, in accordance with the terms

of the agreement under subsection (1), designate a physician or an

employee, contractor or agent of the approved service provider as an

authorized user of the approved service provider.

(4) An approved service provider and its authorized users must

comply with

subsection (1), and

(

b) the policies and procedures of the approved service provider

developed in accordance with the agreement.

Assessments under s9(2)(

a) of Act

7(1) When a person designated in a personal directive to determine

the maker's capacity, or a physician or psychologist who has been

consulted by the designated person, is assessing a maker's capacity for

the purpose of making a written declaration under

section 9(2)(

a) of

the Act, the designated person, physician or psychologist must conduct

the assessment in accordance with this section.

(2) Before conducting the assessment, the designated person must

(

a) identify the reasons for conducting the assessment, including

whether the maker's capacity to make personal decisions has

been called into question,

(

b) meet with the maker and, after considering the reasons for

conducting the assessment identified under clause (

a) and the

maker's usual capacity to make personal decisions, identify

the personal matters for which an assessment of the maker's

capacity to make personal decisions is warranted, and

(

c) meet with the maker to explain the purpose and nature of the

assessment, the maker's right to refuse to be assessed by the

designated person and the significance and effect of a finding

that the maker lacks capacity to make personal decisions.

(3) Before the consulting physician or psychologist provides an

opinion to the designated person regarding the physician's or

psychologist's assessment of the maker's capacity, the physician or

psychologist must

(

a) identify the reasons for conducting the assessment, including

whether the maker's capacity to make personal decisions has

been called into question,

(

b) identify and rule out any temporary medical conditions that

may affect the maker's capacity to make personal decisions,

(

c) meet with the maker and, after considering the matters

identified under clauses (

a) and (b), identify the personal

matters for which an assessment of the maker's capacity to

make personal decisions is warranted, and

(

d) meet with the maker to explain the purpose and nature of the

assessment, the maker's right to refuse to be assessed by the

physician or psychologist and the significance and effect of a

finding that the maker lacks capacity to make personal

decisions.

(4) The designated person and the consulting physician or

psychologist may only conduct an assessment under this

section with

respect to the personal matters that have been identified by that

designated person, physician or psychologist as warranting an

assessment.

(5) The designated person and the consulting physician or

psychologist may only conduct an assessment under this

section if the

maker has not refused to be assessed and,

(

a) in the opinion of the designated person, physician or

psychologist, the maker

(

i) appears to be capable of consenting to the assessment

and has consented, and

(ii) understands the purpose of the assessment and that the

maker has a right to refuse to be assessed,

(

b) in the opinion of the designated person, physician or

psychologist,

(

i) the maker is not, or might not be, capable of consenting

to the assessment, and

(ii) it is in the best interest of the maker to conduct the

assessment.

(6) When conducting an assessment of the maker's capacity to make

personal decisions with respect to each personal matter identified

under subsection (2)(b), the designated person must meet with the

maker and form an opinion as to whether the maker is able to

(

a) understand the information that is needed to make a decision

and the options presented,

(

b) retain the information that is relevant to making a decision,

(

c) identify and appreciate the consequences of making or not

making a decision, and

(

d) communicate the maker's decision.

(7) When consulting with the designated person about an assessment

of the maker's capacity to make personal decisions with respect to

each personal matter identified under subsection (3)(c), the physician

or psychologist must meet with the maker and form an opinion as to

whether the maker is able to

(

a) understand the information that is needed to make a decision

and the options presented,

(

b) retain the information that is relevant to making a decision,

(

c) identify and appreciate the consequences of making or not

making a decision, and

(

d) communicate the maker's decision.

(8) If, after conducting an assessment under this

section and

consulting with a physician or psychologist, the designated person

determines that the maker lacks capacity to make personal decisions

with respect to a personal matter, the designated person must complete

a written declaration with respect to that personal matter in the form

prescribed in

Schedule 2 to the Personal Directives (Ministerial)

Regulation (AR 26/98).

(9) If, after consulting with the designated person, considering the

designated person's assessment and conducting an assessment under

this section, the physician or psychologist determines that the maker

lacks capacity to make personal decisions with respect to a personal

matter, the physician or psychologist must provide the physician's or

psychologist's opinion in the form prescribed in

Schedule 2 to the

Personal Directives (Ministerial) Regulation (AR 26/98).

(10) The designated person or the consulting physician or

psychologist may recommend a date for a review of the declaration if,

in the opinion of the person, physician or psychologist, a periodic

review of the maker's capacity to make personal decisions is

appropriate.

Assessments under s9(2)(

b) of Act

8(1) When a service provider is assessing a maker's capacity for the

purpose of making a written declaration under

section 9(2)(

b) of the

Act, the service provider must conduct the assessment in accordance

with this section.

(2) Before conducting the assessment, the service provider must

(

a) identify the reasons for conducting the assessment, including

whether the maker's capacity to make personal decisions has

been called into question,

(

b) identify and rule out any temporary medical conditions that

may affect the maker's capacity to make personal decisions,

(

c) meet with the maker and, after considering the matters

identified under clauses (

a) and (b), identify the personal

matters for which an assessment of the maker's capacity to

make personal decisions is warranted, and

(

d) meet with the maker to explain the purpose and nature of the

assessment, the maker's right to refuse to be assessed by the

service provider and the significance and effect of a finding

that the maker lacks capacity to make personal decisions.

(3) A service provider may only conduct an assessment under this

section of the maker's capacity to make personal decisions with

respect to the personal matters that have been identified by the service

providers as warranting assessment.

(4) A service provider may only conduct an assessment under this

section if the maker has not refused to be assessed and,

(

a) in the opinion of the service provider, the maker

(

i) appears to be capable of consenting to the assessment

and has consented, and

(ii) understands the purpose of the assessment and that the

maker has a right to refuse to be assessed,

(

b) in the opinion of the service provider,

(

i) the maker is not, or might not be, capable of consenting

to the assessment, and

(ii) it is in the best interest of the maker to conduct the

assessment.

(5) When conducting an assessment of the maker's capacity to make

personal decisions with respect to each personal matter identified

under subsection (2)(c), the service provider must meet with the maker

and form an opinion as to whether the maker is able to

(

a) understand the information that is needed to make a decision

and the options presented,

(

b) retain the information that is relevant to making a decision,

(

c) identify and appreciate the consequences of making or not

making a decision, and

(

d) communicate the maker's decision.

(6) If, after conducting an assessment under this section, a service

provider determines that the maker lacks capacity to make personal

decisions with respect to a personal matter, the service provider

(

a) must complete a declaration with respect to that personal

matter in the form prescribed in

Schedule 3 to the Personal

Directives (Ministerial) Regulation (AR 26/98), and

(

b) may recommend a date for a review of the declaration if, in

the opinion of the service provider, a periodic review of the

maker's capacity to make personal decisions is appropriate.

Assessments by agent under s10.1 of Act

9(1) When an agent is assessing a maker's capacity pursuant to

section 10.1(1) of the Act, or consulting with a service provider who is

assessing the maker's capacity pursuant to

section 10.1(2) of the Act,

the agent

(

a) must speak with the maker and with a service provider who

has recently provided a health care service to the maker about

whether the maker has regained capacity to make personal

decisions,

(

b) may speak with any other agents named in the personal

directive or with any other person who may have relevant

information about whether the maker has regained capacity

to make personal decisions,

(

c) may review any health or other records concerning the maker

that are relevant to the assessment of the maker's capacity

and may discuss the records with the maker's physician or

other health care practitioners, and

(

d) may consider recent statements or recommendations made by

any health care practitioners who have been consulted about

the maker's capacity.

(2) When an agent is assessing whether the maker has regained

capacity, the agent must

(

a) observe, or be satisfied that a service provider who provides

health care services to a maker has observed, a significant

change in the maker's capacity,

(

b) consider any statements or other evidence that may be

provided by a service provider, agent or other person that

corroborate that there has been a change in the maker's

capacity to make personal decisions, and

(

c) consider the period of time over which the change has been

observed by service providers, agents or other persons.

Assessments by service provider under s10.1 of Act

10(1) When a service provider is assessing a maker's capacity

pursuant to

section 10.1(2) of the Act, or consulting with an agent who

is assessing the maker's capacity pursuant to

section 10.1(1) of the

Act, the service provider

(

a) must speak with the maker and with a service provider who

has recently provided a health care service to the maker about

whether the maker has regained capacity to make personal

decisions,

(

b) may speak with any agents named in the personal directive or

with any other person who may have relevant information

about whether the maker has regained capacity to make

personal decisions,

(

c) may review any health or other records concerning the maker

that are relevant to the assessment of the maker's capacity

and may discuss the records with the maker's physician or

other health care practitioners, and

(

d) may consider recent statements or recommendations made by

any health care practitioners who have been consulted about

the maker's capacity.

(2) When a service provider is assessing whether the maker has

regained capacity, the service provider must

(

a) be satisfied that either an agent of the maker or a service

provider who provides health care services to the maker has

directly observed a significant change in the maker's

capacity,

(

b) consider any statements or other evidence that may be

provided by other service providers, agents or other persons

that corroborate that there has been a change in the maker's

capacity to make personal decisions, and

(

c) consider the period of time over which the change has been

observed by other service providers, agents or other persons.

Assessments under s10.1(5) of Act

11(1) When a service provider is assessing a maker's capacity for the

purpose of

section 10.1(5) of the Act, the service provider must

conduct the assessment in accordance with this section.

(2) Before conducting the assessment, the service provider must

(

a) determine that

section 10.1(4) of the Act applies,

(

b) determine that it is in the best interest of the maker to

conduct the assessment,

(

c) independently identify and rule out any temporary medical

conditions that may affect the maker's capacity to make

personal decisions,

(

d) meet with the maker and identify the personal matters for

which an assessment of the maker's capacity to make

personal decisions is warranted, and

(

e) meet with the maker to explain to the maker the purpose and

nature of the assessment.

(3) When conducting an assessment of the maker's capacity to make

personal decisions, the service provider must meet with the maker and

form an opinion as to whether the maker is able to

(

a) understand the information that is needed to make a decision

and the options presented,

(

b) retain the information that is relevant to making a decision,

(

c) identify and appreciate the consequences of making or not

making a decision, and

(

d) communicate the maker's decision.

(4) If, after conducting an assessment under this section, the service

provider determines that the maker has regained the capacity to make

personal decisions with respect to any of the personal matters in

respect of which the personal directive is in effect, the service provider

must complete a Determination of Regained Capacity in the form

prescribed in

Schedule 6 to the Personal Directives (Ministerial)

Regulation (AR 26/98).

Investigation by Public Guardian

12 If, after conducting an investigation under

Part 4.1 of the Act, the

Public Guardian is not satisfied that there are reasonable grounds to

believe that the grounds for complaint set out in

section 24.2(1) of the

Act apply to the agent who is the subject of the complaint, the Public

Guardian may notify the complainant and the persons notified under

section 24.3(2) of the Act that no further action will be taken by the

Public Guardian.

Expiry

13 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be

repassed in its present or an amended form following a review, this

Regulation expires on March 31, 2013.

Coming into force

14 This Regulation comes into force on the coming into force of

section 1 of the Personal Directives Amendment Act, 2007, SA 2007

c37.

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

Alberta Regulation 100/2008

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: June 11, 2008

For information only: Made by the Lieutenant Governor in Council (O.C. 268/2008)

on June 11, 2008 pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 38/2008) is amended by this Regulation.

Section 4 is amended by adding the following after

subsection (1):

(1.1) The Minister of Agriculture and Rural Development is

designated as the Minister responsible for the Animal Health Act.

Section 5 is amended by adding the following after

subsection (1):

(1.1) The Minister of Children and Youth Services is designated as

the Minister responsible for the Child Care Licensing Act.

Section 14(2) is amended by adding ", the Minister of

Transportation" after "Minister of Infrastructure".

Section 18 is amended by adding the following after

subsection (1):

(1.1) The Minister of Seniors and Community Supports is

designated as the Minister responsible for the Service Dogs Act.

Section 23 is amended

(

a) by repealing subsection (1)(

c) and substituting the

following:

(

c) Schedule 14 to the Government Organization Act;

(

b) by adding the following after subsection (1):

(1.1) The responsibility for sections 6 to 10 and 13 of

Schedule 11 to the Government Organization Act is transferred

to the common responsibility of the Minister of Transportation

and the Minister of Infrastructure.