Alberta Regulation 241/96

Teaching Profession Act

DISPUTE RESOLUTION PROCESS BYLAW

Filed: October 18, 1996

Made by The Alberta Teachers' Assocation pursuant to

section 67(1) of the

Teaching Profession Act.

1(1) If the executive secretary determines that a matter does not warrant

a hearing, the executive secretary may, with the consent of the

complainant, refer the matter under investigation to a single member of the

Provincial Executive Council or such other member of the Association as may

be appropriate to conduct an Invitation to which the following provisions

apply:

(

a) the member appointed to conduct the Invitation may draw upon

the assistance of any other member of the Provincial Executive Council or a

member of the Professional Conduct Committee in conducting the Invitation;

(

b) the Invitation shall be conducted informally and in private in

order to review the fact situation, identify concerns of the profession and

of the public and to provide appropriate advice to the member under

investigation;

(

c) the member conducting the Invitation shall provide a report to

the executive secretary, which shall include an opinion on whether the

member displayed a negative or positive attitude, and whether the matter

should be concluded or whether a hearing committee ought to be convened;

(

d) the executive secretary shall provide a copy of the report to

the member under investigation and the complainant for comment before

making a final decision pursuant to

section 26 of Teaching Profession Act.

(2) An Invitation by which a matter is resolved informally and all

statements disclosed during that process are without prejudice and

confidential and may not be disclosed to any person other than the

executive secretary or used in any other proceedings without the consent of

the parties.

(3) The fees and expenses of a member conducting an Invitation are paid by

the Association.

Alberta Regulation 242/96

Mines and Minerals Act

PRESCRIBED AMOUNTS (NATURAL GAS ROYALTY)

AMENDMENT REGULATION

Filed: October 18, 1996

Made by the Deputy Minister of Energy (M.O. 32/96) pursuant to

section 6 of

the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93).

1 The Prescribed Amounts (Natural Gas Royalty) Regulation (Alta. Reg.

36/95) is amended by this Regulation.

Section 4 is amended by adding the following after subsection (20):

(21) The following prices are prescribed for the August 1996

production month:

Item Price

Gas Reference Price $1.38 per gigajoule

Gas Par Price $1.38 per gigajoule

Pentanes Reference Price $186.62 per cubic metre

Pentanes Par Price $169.46 per cubic metre

Propane Reference Price $113.82 per cubic metre

Butanes Reference Price $94.99 per cubic metre

Section 5 is amended by adding the following after subsection (20):

(21) The following allowances per cubic metre are prescribed for

the August 1996 production month:

Item Price

Fractionation Allowance $7.00

Transportation Allowance Region Region Region Region

1 2 3 4

(

a) pentanes plus described in s6(7)(b)(

i) of the Natural Gas

Royalty Regulation, 1994 (Alta. Reg. 351/93)

$4.21 $5.63 $8.85 $7.47

(

b) propane and butanes described in s6(7)(b)(ii) of the Natural

Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)

$6.34 $6.35 $-98.71 $4.40

(

c) pentanes plus, propane and butanes described in s6(7)(b)(iii)

of the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)

$6.87 $7.81 $10.89 $11.04

Storage Allowance for pentanes plus, propane and butanes

$ 0.00

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

Alberta Regulation 243/96

Court of Appeal Act

Court of Queen's Bench Act

Civil Enforcement Act

ALBERTA RULES OF COURT AMENDMENT REGULATION (NO. 1)

Filed: October 23, 1996

Made by the Lieutenant Governor in Council (O.C. 485/96) pursuant to

section 15 of the Court of Appeal Act,

section 18 of the Court of Queen's

Bench Act and sections 106 and 107 of the Civil Enforcement Act.

1 The Alberta Rules of Court (Alta. Reg. 390/68) are amended by this

Regulation.

2 Rule 5 is amended

(

a) in clause (

c) by striking out "judicial district" and

substituting "judicial centre";

(

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

(h.1) "judicial centre" means Grande Prairie, Peace

River, Fort McMurray, Edmonton, Wetaskiwin, Red Deer, Calgary, Drumheller,

Lethbridge and Medicine Hat;

3 The following is added after Rule 6:

Where to commence action

6.1(1) A document commencing an action shall be issued or filed, as

the case may be, at the clerk's office in the closest judicial centre as

determined under subrule (2).

(2) For the purposes of commencing an action, the closest judicial

centre shall, unless otherwise directed by the Court, be determined in

accordance with the following:

(

a) the closest judicial centre is the judicial centre

that, by highway travel, is the nearest to the residences or places of

business of all the parties to the action;

(

b) where a single judicial centre cannot be determined

under clause (

a) to be the closest judicial centre for all the parties to

the action, the closest judicial centre shall be the judicial centre that,

by highway travel, is the nearest to the residence or place of business of

one of the parties to the action, that party being selected by the party

commencing the action;

(

c) where

(

i) a single judicial centre cannot be

determined under clause (

a) to be the closest judicial centre for all of

the parties to the action, and

(ii) it is not obvious in the particular

case which judicial centre is the closest judicial centre under clause (b),

the party commencing the action shall select a

judicial centre that for the purposes of the action shall be considered to

be the closest judicial centre;

(

d) if a party to an action carries on business in more

than one location in Alberta, the place of business in Alberta of that

party is the place of business that is the nearest to the location at which

the matters in question in the action arose or were transacted;

(

e) a residence or a place of business that is located

outside of Alberta shall not be taken into consideration for the purposes

of this Rule.

(3) Notwithstanding subrule (1), a document commencing an action may

be issued or filed, as the case may be, at a clerk's office located in a

judicial centre other than the judicial centre that is the closest judicial

centre as determined under subrule (2) if

(

a) the Court so directs,

(

b) the Court directs the transfer of proceedings under

Rule 12, or

(

c) all the parties to the action so agree in writing.

(4) Where

(

a) an action has been commenced by the issuing or

filing of a document with the clerk, but

(

b) the document that commenced the action was not

issued or filed in accordance with this Rule,

the commencement of that action is not invalid and the document

commencing the action is not a nullity by reason only that the document was

not issued or filed in accordance with this Rule.

(5) Subject to subrule (4), if a document that commenced an action

was not issued or filed in accordance with this Rule, the Court may give

directions and award costs as the Court considers appropriate in the

circumstances.

4 Rule 15(2) is amended by repealing clause (

b) and substituting the

following:

(

b) by leaving a true copy of the document to be served with

(

i) the mayor, reeve, president, chairman or other head

officer, by whatever name that person is known, of the corporation, or

(ii) the manager, office manager, cashier, secretary,

agent, attorney, councillor, alderman, director, vice-president, executive

vice-president, treasurer, secretary-treasurer, branch manager, assistant

manager, comptroller, governor, principal, superintendent or commander, as

the case may be, of the corporation.

5 Rule 16.1(2) is amended by striking out "printed" wherever it occurs

and substituting "printed or otherwise produced in a readable form".

6 Rule 159 is amended by adding the following after subrule (6):

(7) This Rule does not apply to the following:

(

a) any divorce proceeding as defined in Rule 561.1(b);

(

b) any combined action consisting of a divorce

proceeding as defined in Rule 561.1(

b) and the division of matrimonial

property pursuant to a matrimonial property proceeding as defined in Rule

561.1(c.1).

7 Rule 218.5(1)(

a) is amended by striking out "subrule (1)" and

substituting "Rule 218.4(1)".

8 The following is added after Rule 280:

Taping of examination

280.1(1) Notwithstanding Rule 279, if permitted or otherwise

directed by the court, an examination may, in addition to or in

substitution for taking depositions in shorthand, be audio-visually

recorded by means of a video recording device.

(2) Where an examination is recorded pursuant to this Rule, the

person operating the video recording device that is recording the

examination shall give a certificate certifying

(

a) the date, time and place at which the examination

took place,

(

b) the name of the person being examined and of the

person carrying out the examination,

(

c) whether the audio-visual recording is of the entire

examination or only a portion of the examination, and

(

d) any other matter directed by the court.

(3) An examination that is audio-visually recorded under this

Rule shall be treated by the court in the same manner as if the examination

was taken down in shorthand under Rule 279, but if in the opinion of the

court the technical quality of the audio-visual recording is not adequate,

the court may direct that the recording not be used or give any other

direction that the court considers appropriate in the circumstances.

9 The following is added after Rule 314:

Time in which to file and serve affidavits

314.1(1) Where an affidavit is to be used at a hearing in opposition

to a motion or application or in reply, that affidavit shall be filed with

the clerk at the location at which the motion or application is to be heard

and served on the other parties to the motion or application,

(

a) no later than 24 hours prior to the time that the

hearing of the motion or application is to be held, in the case of a motion

or application that is made in respect of proceedings that have been

commenced, and

(

b) no later than 3 days prior to the day that the

hearing of the motion or application is to be held, in the case of a motion

or application that is not made in respect of proceedings that have been

commenced.

(2) The Court may on application extend the time for filing and

serving an affidavit under subrule (1) subject to any terms or conditions,

including costs, as the Court may direct.

10 The following is added after Rule 340:

How to proceed

340.1 An application under the Civil Enforcement Act

(

a) shall be made by way of an originating notice

unless the application is made in respect of proceedings that have been

commenced, and

(

b) shall not be made ex parte unless it is expressly

authorized under the Civil Enforcement Act or Rule 387(1) to be made ex

parte.

11 The following is added after Rule 349:

Clerical errors

349.1 Where there is a clerical error on a writ, the clerk may,

without an order of the Court, correct the error on the face of the writ.

12 The following is added after Rule 372:

Examination of enforcement debtor's employees

372.1 Where the enforcement debtor is not a corporation, an

enforcement creditor may, on an order of the Court, examine under oath any

employee of the enforcement debtor with respect to any matter about which

the enforcement creditor may examine the enforcement debtor.

13 Rule 373(2) is amended by adding "under oath" after "may examine".

14 The following is added after Rule 387:

Multi-party actions

387.1(1) Where there are more than 2 parties to an action, a party

to the action may, without giving notice of the application to all the

other parties to the action, apply initially to the court for directions

respecting the notice to be given or not given of a contemplated later

motion.

(2) On hearing an application made under subrule (1), the court may

give directions and set terms for the contemplated later motion, including

giving directions doing one or more of the following:

(

a) dispensing with part or all notice of the

contemplated later motion on some parties;

(

b) dispensing with service of some or all evidence or

notices on some parties;

(

c) providing for confidentiality;

(

d) sealing evidence or other papers;

(

e) delaying notice;

(

f) setting out or otherwise providing for the times to

apply;

(

g) preserving the rights of persons not notified.

(3) Except as provided under any other Rule or under a statute, the

court shall not deprive a party to an action of notice of or evidence in a

motion in which that party has or likely will have any legitimate interest.

(4) A judge who has been charged with or is to be charged with the

general or ongoing supervision of the action in respect of which the

application is made under subrule (1) shall not hear the application under

subrule (1) nor the contemplated later motion.

(5) A judge who has heard the application under subrule (1) or has

heard the contemplated later motion shall not preside over the trial of the

action or any part of it.

(6) The operation of subrule (4) or (5), or both, may be dispensed

with,

(

a) with the consent of all parties to the action,

(

b) if the court hearing the application under subrule

(1) refused to dispense with notice and all parties got full notice of the

contemplated later motion and its evidence, or

(

c) if the contemplated later motion was not brought

and it otherwise appears appropriate to the court to dispense with the

operation of the subrule.

15 Rule 443 is amended

(

a) in subrule (3)

(

i) in clauses (

a) and (

b) by striking out "relief by

way of interpleader" wherever it occurs and substituting "an order

determining the rights of the various claimants";

(ii) in clause (

c) by striking out "fail to apply for or

obtain relief by way of interpleader" and substituting "fail to apply for

or obtain an order determining the rights of the various claimants";

(

b) in subrule (5) by striking out "interpleader" and substituting

"way of interpleader or for an order determining the rights of the various

claimants";

(

c) in subrule (7) by adding "for an order determining the rights

of the various claimants" after "interpleader".

16 Rule 458 is amended by repealing subrule (2) and substituting the

following:

(2) Where a person who has been served with a notice of a claim

wishes to

(

a) dispute the claim, or

(

b) assert priority over the claim,

that person must, within 15 days from the day of being served with

notice of the claim, serve on the civil enforcement agency a written notice

disputing the claim or asserting priority over it.

17 Rule 473 is amended

(

a) by repealing subrule (2);

(

b) in subrule (3) by striking out "subrule (2)" and substituting

"garnishment".

18 Rule 500 is amended by repealing subrule (3).

19 Rule 561.1 is amended

(

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

(c.1) "matrimonial property proceeding" means a

proceeding under the Matrimonial Property Act;

(

b) by repealing clause (d);

(

c) by adding the following after clause (e):

(e.1) "Statement of Claim" means

(

i) a statement of claim for a divorce

pursuant to divorce proceedings, or

(ii) a statement of claim for both

(

A) a divorce pursuant to

divorce proceedings, and

(

B) relief pursuant to

matrimonial property proceedings;

20 Rule 563 is repealed and the following is substituted:

Statement of Claim

563(1) A divorce proceeding shall be commenced by the issuance by

the clerk of a Statement of Claim for Divorce prepared in accordance with

Form 1 of

Schedule B.

(2) Notwithstanding subrule (1), a proceeding that is both a divorce

proceeding and a matrimonial property proceeding may be commenced by the

issuance by the clerk of a Statement of Claim for Divorce and Division of

Matrimonial Property prepared in accordance with Form 1.1 of

Schedule B.

(3) A Statement of Claim shall not be issued pursuant to subrule

(2) unless the claim for relief under the divorce proceeding is set out

separately from the relief claimed under the matrimonial property

proceeding.

(4) Unless otherwise ordered, the plaintiff's spouse shall be the

sole defendant in the proceedings taken under this Part.

21 Rule 563.1 is amended

(

a) by striking out "Petition for Divorce" and substituting

"Statement of Claim";

(

b) by striking out "Notice to Respondent" and substituting "Notice

to the Defendant".

22 Rule 564 is amended

(

a) by striking out "Petition for Divorce" wherever it occurs and

substituting "Statement of Claim";

(

b) by striking out "Notice to Respondent" wherever it occurs and

substituting "Notice to the Defendant";

(

c) in subrule (1)

(

i) by striking out "Petition shall" and substituting

"Statement of Claim shall";

(ii) by striking out "respondent" and substituting

"defendant";

(

d) in subrule (2) by striking out "petitioner" and substituting

"plaintiff".

23 Rule 565 is amended

(

a) by striking out "Petition for Divorce" wherever it occurs and

substituting "Statement of Claim";

(

b) by striking out "respondent" wherever it occurs and

substituting "defendant";

(

c) by striking out "an Answer" wherever it occurs and substituting

"a Statement of Defence";

(

d) by striking out "Counter Petition" wherever it occurs and

substituting "Counterclaim";

(

e) in subrule (2) by striking out "the Answer" and substituting

"the Statement of Defence".

24 Rule 565.1 is amended

(

a) by striking out "An Answer, Counter Petition" wherever it

occurs and substituting "A Statement of Defence, Counterclaim";

(

b) in subrule (1)

(

i) by striking out "petitioner" wherever it occurs and

substituting "plaintiff";

(ii) by striking out "petitioner's" and substituting

"plaintiff's";

(

c) in subrule (2) by striking out "Petition for Divorce" wherever

it occurs and substituting "Statement of Claim";

(

d) by repealing subrule (3) and substituting the following:

(3) Where a Statement of Claim is issued only for divorce

proceedings, an order for service ex juris is required only if the

Statement of Claim is served outside of Canada.

(4) Where a Statement of Claim is issued for both divorce

proceedings and matrimonial property proceedings, an order for service ex

juris is required if the Statement of Claim is served outside of Alberta.

25 Rule 568 is amended

(

a) by striking out "the petitioner" wherever it occurs and

substituting "the plaintiff";

(

b) by striking out "respondent" wherever it occurs and

substituting "defendant";

(

c) by striking out "counter petitioner" wherever it occurs and

substituting "defendant by counterclaim";

(

d) by striking out "Petition for Divorce" wherever it occurs and

substituting "Statement of Claim";

(

e) by striking out "Counter Petition" wherever it occurs and

substituting "Counterclaim";

(

f) in subrule (1)

(

i) by striking out "Answer has" and substituting

"Statement of Defence has";

(ii) in clause (

b) by striking out "respondent's" and

substituting "defendant's";

(

g) in subrule (2) by striking out "an Answer" wherever it occurs

and substituting "a Statement of Defence";

(

h) in subrule (6) by repealing clause (

a) and substituting the

following:

(

a) has filed a Demand of Notice, a Statement of

Defence or a Statement of Defence and Counterclaim, and

26 Rule 569 is amended

(

a) in clause (

b) by striking out "respondent or the respondent by

Counter Petition" and substituting "defendant or the defendant by

Counterclaim";

(

b) in clauses (

d) and (

l) by striking out "Petition for Divorce"

wherever it occurs and substituting "Statement of Claim".

27 Rule 570.1 is amended by striking out "petitioner" and substituting

"plaintiff".

28 Rule 576(2)(

c) is amended by striking out "Respondent" and

substituting "Defendant".

29 Rule 577.2 is amended by striking out "Petition for Divorce" and

substituting "Statement of Claim".

30 Rule 587 is amended by striking out "writ" wherever it occurs and

substituting "writ of enforcement".

31 Rule 589 is amended by repealing subrule (1) and substituting the

following:

Taxing of account

589(1) An enforcement debtor or a creditor of an enforcement debtor

may request a taxing officer to tax the account of the civil enforcement

agency.

(1.1) A request for taxation under subrule (1) must be made within

180 days from the day that the statement of account was received by the

enforcement debtor.

32 The following is added after Rule 599:

Costs for Non-compliance

with the Rules

Costs

599.1(1) Notwithstanding anything in this Part, where

(

a) a party to an action, a counsel acting in respect

of an action or any other person who is involved in an action fails,

without an excuse or an explanation that in the opinion of the Court is

appropriate, to comply with these Rules or a Practice Note of the Court,

and

(

b) that failure to comply, in the opinion of the

Court, has interfered with or may interfere with the proper or efficient

administration of justice,

the Court may order that party, counsel or other person to pay to the

clerk a penalty in the form of costs as determined by the Court.

(2) In making an order under subrule (1), the Court may do one or

more of the following:

(

a) determine the amount of the costs;

(

b) prescribe the time within which the costs are to be

paid;

(

c) prescribe terms or conditions with respect to the

payment of the costs or any other matter respecting the making of the

order.

(3) Without restricting the amount of costs that may be imposed

under subrule (1), the Court in determining the amount of the costs to be

imposed may take into consideration the amount of costs set out in

Schedule

(4) Once costs are ordered to be paid under this Rule, those costs

are payable by the person on whom the costs were imposed

(

a) whether or not any settlement was made in respect

of the actions, and

(

b) notwithstanding any agreement between the parties

to the action or their counsel.

33 Rule 683(a)(iii) is amended by striking out "without security," and

substituting "without other security, that is".

34 The following is added after Rule 704:

Mental disorder

704.1(1) In this Rule,

(a) "examination" means a medical examination conducted

for the purposes of determining a person's mental state;

(b) "facility" means

(

i) a facility as defined in

section 1 of

the Mental Health Act, or

(ii) a correctional institution as defined

section 1 of the Corrections Act.

(2) Where a person has been held to be in civil contempt and the

court is satisfied that there are reasonable and probable grounds to

believe that the person

(

a) is suffering from a mental disorder,

(

b) is in a condition presenting or likely to present a

danger to himself or others, and

(

c) would otherwise be unwilling on that person's own

initiative to attend an examination,

the court may order that the person be taken into custody by a peace

officer and conveyed to a facility for the purposes of examination and a

report to the court, as directed by the court.

(3) Where a person is taken into custody under subsection (2), the

order made under subsection (2) is sufficient authority to examine, care

for, observe, assess, detain and control the person named in the order.

35 Rule 714 is amended

(

a) in subrule (1) by striking out "deputy clerk" and substituting

"registrar, deputy clerk, deputy registrar";

(

b) in subrules (2) and (3) by striking out "or deputy clerk"

wherever it occurs and substituting ", registrar, deputy clerk or deputy

registrar".

Part 61.1 is repealed.

Schedule A is amended by repealing Form Q1.

38(1)

Schedule B is amended by this section.

(2) Form 1 is repealed and Form 1 and Form 1.1 as set out in the

Schedule

to this Regulation are substituted.

(3) Form 2 is amended

(

a) by striking out "NOTICE TO RESPONDENT" and substituting "NOTICE

TO DEFENDANT";

(

b) by striking "(the respondent)" and substituting "(the

defendant)";

(

c) by striking out "Petition for Divorce" wherever it occurs and

substituting "Statement of Claim";

(

d) by striking out "AN ANSWER" wherever it occurs and substituting

"A STATEMENT OF DEFENCE";

(

e) by striking out "that Answer" and substituting "that Statement

of Defence";

(

f) by striking out "petitioner" and substituting "plaintiff".

(4) Form 3 is amended

(

a) by striking out "ANSWER" and substituting "STATEMENT OF

DEFENCE";

(

b) by striking out "Petitioner" wherever it occurs and

substituting "Plaintiff";

(

c) by striking out "Respondent" wherever it occurs and

substituting "Defendant";

(

d) by striking out "respondent" wherever it occurs and

substituting "defendant";

(

e) by striking out "Petition for Divorce" wherever it occurs and

substituting "Statement of Claim";

(

f) by striking out "respondent's" and substituting "defendant's".

(5) Form 4 is amended

(

a) by striking out "COUNTER PETITION" and substituting

"COUNTERCLAIM";

(

b) by striking out "respondent" wherever it occurs and

substituting "defendant";

(

c) by striking out "respondent's" wherever it occurs and

substituting "defendant's";

(

d) by striking out "petitioner" wherever it occurs and

substituting "plaintiff";

(

e) by striking out "Petition for Divorce", "Petition" and

"petition" wherever they occur and substituting "Statement of Claim";

(

f) by striking out "Respondent" wherever it occurs and

substituting "Defendant";

(

g) by striking out "Counter Petition" and substituting

"Counterclaim".

(6) Form 4.1 is amended

(

a) by striking out "Petitioner" and substituting "Plaintiff";

(

b) by striking out "Respondent" wherever it occurs and

substituting "Defendant";

(

c) by striking out "respondent" and substituting "defendant";

(

d) by striking out "Petition" and "Petition for Divorce" wherever

they occur and substituting "Statement of Claim";

(

e) by striking out "Respondent's" and substituting "Defendant's".

(7) Form 5 is amended

(

a) by striking out "Petitioner" wherever it occurs and

substituting "Plaintiff";

(

b) by striking out "Respondent" wherever it occurs and

substituting "Defendant";

(

c) by striking out "respondent" wherever it occurs and

substituting "defendant".

(8) Form 6 is amended

(

a) by striking out "Petitioner" wherever it occurs and

substituting "Plaintiff";

(

b) by striking out "Respondent" wherever it occurs and

substituting "Defendant";

(

c) by striking out "Petition for Divorce" and substituting

"Statement of Claim".

(9) Form 8.1 is amended

(

a) by striking out "Petitioner" wherever it occurs and

substituting "Plaintiff";

(

b) by striking out "Respondent" wherever it occurs and

substituting "Defendant";

(

c) by striking out "Petition for Divorce" and substituting

"Statement of Claim".

(10) Form 13 is amended

(

a) by striking out "Petitioner" wherever it occurs and

substituting "Plaintiff";

(

b) by striking out "Respondent" and substituting "Defendant";

(

c) by striking out "Petition for Divorce" wherever it occurs and

substituting "Statement of Claim";

(

d) by striking out "an Answer" and substituting "a Statement of

Defence";

(

e) by striking out "respondent" and substituting "defendant";

(

f) by striking out "respondent's" wherever it occurs and

substituting "defendant's";

(

g) by striking out "petitioner's" wherever it occurs and

substituting "plaintiff's".

Schedule E, Number 1 is amended

(

a) in

section 10 by adding "or proceedings under Rule 443 to

determine the rights of various parties" after "proceedings";

(

b) by adding the following after

section 10:

11 Filing of court order together with

related affidavits where neither an action

nor a proceeding has been commenced $25.00

Schedule E.1 is amended

(

a) in

section 2 by striking out "civil enforcement proceedings,

including enforcing writs of possession and other writs, replevin orders

and other orders" and substituting "a writ of enforcement";

(

b) by repealing

section 3 and substituting the following:

3 For registration of a seizure under a writ of enforcement

and the sale and distribution in respect of personal property seized under

a writ of enforcement

(

c) in sections 5, 6, 7, 8, 9 and 10 by adding "seized under a writ

of enforcement" after "personal property".

41(1) In this section,

(a) "divorce proceeding" means a divorce proceeding as defined

under

section 561.1 of the Alberta Rules of Court (Alta. Reg. 390/68);

(b) "former Rules" means

Part 44 and

Schedule B of the Alberta

Rules of Court as they read immediately prior to the coming into force of

this Regulation.

(2) Where a divorce proceeding

(

a) was commenced but not concluded before the coming into force of

this Regulation, that divorce proceeding shall, unless otherwise directed

by the Court, or

(

b) was commenced after the coming into force of this Regulation

but was commenced as if the former Rules were in force, that divorce

proceeding may, if permitted by the Court and subject to any direction by

the Court,

be governed by the former Rules in the same manner as if this Regulation

had not been enacted.

(3) Subsection (2)(

b) only applies to a divorce proceeding that was

commenced prior to January 1, 1997.

(4) In this section, a reference to "this Regulation" is a reference to

sections 6, 20 to 29 and 38 of this Regulation.

42(1) Sections 2, 9 and 32 come into force on December 1, 1996.

(2) Section 36 comes into force on January 1, 1997.

(3) Section 3 comes into force on May 1, 1997.

SCHEDULE

FORM 1

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

, Plaintiff

(also referred to as the Wife/Husband; delete whichever is inapplicable)

and

, Defendant

(also referred to as the Wife/Husband; delete whichever is inapplicable)

STATEMENT OF CLAIM FOR DIVORCE

THE PARTIES

(1) The date of the marriage was:

(2) The place of the marriage was:

(3) The surnames of the parties prior to marriage were:

Husband: Wife:

(4) At the time of marriage the marital status of each party was:

Husband: Wife:

(5) The wife was born at on the day of 19 .

(6) The husband was born at on the day of 19 .

(7) The parties ceased cohabiting on the day of 19 .

(8) The Plaintiff's address is:

(9) The Defendant's address is:

RESIDENCE

2. The Plaintiff (or Defendant) has been ordinarily resident in the

Province of Alberta for at least one year immediately preceding the date of

this Statement of Claim.

GROUNDS

3. The Plaintiff's ground for divorce is the breakdown of the marriage by

reason of: (the parties have been living separate and apart in excess of

one year) (the Defendant has committed adultery) (the Defendant has treated

the Plaintiff with cruelty).

RECONCILIATION

(1) There is no possibility of reconciliation.

(2) The following efforts to reconcile have been made.

BARS TO DIVORCE:

(1) There has been no collusion in relation to this Divorce Action.

(2) (if the grounds are under

section 8(2)(

b) of the Divorce Act

(Canada)). The Plaintiff has not connived at or condoned the grounds

complained of prior to bringing this action.

CHILDREN

6. The particulars of the children of the parties are as follows:

(

a) the names and dates of birth of each of the children are:

(

b) the Plaintiff proposes custody as follows:

(

c) the Plaintiff proposes access arrangements as follows:

(

d) the Plaintiff proposes financial arrangements for the children

as follows:

(

d) the financial arrangements for the support of the children are

as follows:

AGREEMENTS

7. The parties have made an agreement regarding the custody, access and

support of the children, or each other, as follows:

COURT PROCEEDINGS

8. The details of any court proceeding in regard to the marriage,

custody, access and support of the children or the parties are as follows:

EMPLOYMENT

(1) The Plaintiff's:

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

(2) The Defendant's:

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

CLAIMS BY THE PLAINTIFF:

(1) A Divorce Judgment.

(2) Custody of .

(3) Access to .

(4) Support of each child in the sum of $ per month.

(5) Support for the Plaintiff in the sum of $ per month.

(6) Lump sum support for the Plaintiff in the sum of $ .

(7) A restraining order.

(8) Costs.

DATED at , in the Province of Alberta,

this day of , AND DELIVERED by

Barrister and Solicitor, , Alberta, Solicitor for

the Plaintiff herein, whose address for service is in care of the said

Solicitor.

ISSUED out of the Office of the Clerk of the Court of Queen's Bench of

Alberta, Judicial District of , at the

, in the Province of Alberta, this day of ,

19 .

CLERK OF THE COURT

STATEMENT OF SOLICITOR:

I, , the solicitor for the Plaintiff, certify to the Court

that I have complied with the requirements of

Section 9 of the Divorce Act.

Dated at the , in the Province of Alberta,

this day of , 19 .

(Name of Lawyer)

NOTICE TO THE DEFENDANT

TO:

You have been sued for a Divorce and for the other matters set out in this

Statement of Claim. You are the Defendant.

(1) If you were served within Alberta, you have only 15 days from the

date of service to file and serve a Statement of Defence or a Demand of

Notice.

(2) If you were served elsewhere in Canada, then you have 40 days from

the date of service to file and serve a Statement of Defence or a Demand of

Notice.

(3) If you were served outside of Canada, then you have the period of

time set out in the Order for Service within which to file and serve a

Statement of Defence or a Demand of Notice.

You or your lawyer must file your Statement of Defence or Demand of Notice

in the office of the Clerk of the Court of Queen's Bench in ,

Alberta. You or your lawyer must also leave a copy of your Statement of

Defence or Demand of Notice at the address for service for the Plaintiff

named in this Statement of Claim.

WARNING: If you do not do both things within the time limited, a divorce

may be automatically granted, and the Plaintiff may get a Divorce judgment

against you and a judgment for the other relief claimed if you do not file

or do not give a copy to the Plaintiff, or do either thing late.

This statement of claim is issued by:

Solicitor for the Plaintiff who resides at , Alberta.

And whose address for service is c/o the said Solicitor and is addressed to

the Defendant whose residence so far as known to the Plaintiff is

, Alberta.

NO.

IN THE COURT

QUEEN'S BENCH

OF ALBERTA

JUDICIAL DISTRICT

BETWEEN:

, Plaintiff

and

, Defendant

STATEMENT OF CLAIM FOR DIVORCE

(Lawyer's name, address and telephone no.)

FORM 1.1

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

, Plaintiff

(also referred to as the Wife/Husband; delete whichever is inapplicable)

and

, Defendant

(also referred to as the Wife/Husband; delete whichever is inapplicable)

STATEMENT OF CLAIM FOR DIVORCE AND

DIVISION OF MATRIMONIAL PROPERTY

THE PARTIES

(1) The date of the marriage was:

(2) The place of the marriage was:

(3) The surnames of the parties prior to marriage were:

Husband: Wife:

(4) At the time of marriage the marital status of each party was:

Husband: Wife:

(5) The wife was born at on the day of 19 .

(6) The husband was born at on the day of 19 .

(7) The parties ceased cohabiting on the day of 19 .

(8) The Plaintiff's address is:

(9) The Defendant's address is:

RESIDENCE

2. The Plaintiff (or Defendant) has been ordinarily resident in the

Province of Alberta for at least one year immediately preceding the date of

this Petition.

GROUNDS

3. The Plaintiff's ground for divorce is the breakdown of the marriage by

reason of: (the parties have been living separate and apart in excess of

one year) (the Defendant has committed adultery) (the Defendant has treated

the Plaintiff with cruelty).

RECONCILIATION

(1) There is no possibility of reconciliation.

(2) The following efforts to reconcile have been made.

BARS TO DIVORCE:

(1) There has been no collusion in relation to this Divorce Action.

(2) (if the grounds are under

section 8(2)(

b) of the Divorce Act

(Canada)). The Plaintiff has not connived at or condoned the grounds

complained of prior to bringing this action.

CHILDREN

6. The particulars of the children of the parties are as follows:

(

a) the names and dates of birth of each of the children are:

(

b) the Plaintiff proposes custody as follows:

(

c) the Plaintiff proposes access arrangements as follows:

(

d) the Plaintiff proposes financial arrangements for the children

as follows:

(

d) the financial arrangements for the support of the children are

as follows:

AGREEMENTS

7. The parties have made an agreement regarding the custody, access and

support of the children, or each other, as follows:

COURT PROCEEDINGS

8. The details of any court proceeding in regard to the marriage,

custody, access and support of the children or the parties are as follows:

EMPLOYMENT

(1) The Plaintiff's:

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

(2) The Defendant's:

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

MATRIMONIAL PROPERTY CLAIM

10. The parties are resident in Alberta. (or as the case may be)

11. During the marriage the parties acquired both real and personal

property in their names, either jointly or separately. (The particulars of

that property, together with the exemption claimed, will be set out in the

matrimonial property statements to be filed in the within action).

12. The plaintiff is entitled to an equitable division of the matrimonial

property.

13. Trial of this action to be held at , Alberta.

CLAIMS BY THE PLAINTIFF UNDER THE DIVORCE ACT:

(1) A Divorce Judgment.

(2) Custody of .

(3) Access to .

(4) Support of each child in the sum of $ per month.

(5) Support for the Plaintiff in the sum of $ per month.

(6) Lump sum support for the Plaintiff in the sum of $ .

(7) A restraining order.

(8) Costs of this action.

ADDITIONAL CLAIMS BY THE PLAINTIFF

UNDER THE MATRIMONIAL PROPERTY ACT

(1) An Order for the distribution of all of the property acquired by the

Plaintiff and Defendant, either jointly or separately, in such manner as

the Court deems just and equitable.

(2) A matrimonial home possession order.

(3) (Set out such other claims as may relate to the pleadings.)

(4) Such further relief and directions as the Court considers necessary

to give effect to the distribution of the matrimonial property.

(5) Costs of this action.

DATED at the , in the Province of Alberta, this

day of . AND DELIVERED by Barrister and

Solicitor, , Alberta, Solicitor for the Plaintiff

herein, whose address for service is in care of the said Solicitor.

ISSUED out of the Office of the Clerk of the Court of Queen's Bench of

Alberta, Judicial District of , at the , in

the Province of Alberta, this day of , 19 .

CLERK OF THE COURT

STATEMENT OF SOLICITOR:

I, , the solicitor for the Plaintiff, certify to the

Court that I have complied with the requirements of

Section 9 of the

Divorce Act.

Dated at the , in the Province of Alberta,

this day of , 19 .

(Name of Lawyer)

NOTICE TO THE DEFENDANT

TO:

You have been sued for a Divorce Judgment and for the other matters set out

in this Statement of Claim. You are the Defendant.

(1) If you were served within Alberta, you have only 15 days from the

date of service to file and serve a Statement of Defence or a Demand of

Notice.

(2) If you wish to only oppose the Divorce or only the claim made in the

Divorce Claim, and if you were served elsewhere in Canada, then you have 40

days from the date of service to file and serve a Statement of Defence or a

Demand of Notice.

(3) If you were served outside of Canada, then you have the period of

time set out in the Order for Service within which to file and serve a

Statement of Defence or a Demand of Notice.

You or your lawyer must file your Statement of Defence or Demand of Notice

in the office of the Clerk of the Court of Queen's Bench in ,

Alberta. You or your lawyer must also leave a copy of your Statement of

Defence or Demand of Notice at the address for service for the Plaintiff

named in this Statement of Claim.

WARNING: If you do not do both things within the time limited, a divorce

may be automatically granted, and the Plaintiff may get a Court judgment

against you for the other relief claimed if you do not file or do not give

a copy to the Plaintiff, or do either thing late.

This statement of claim is issued by:

Solicitor for the Plaintiff who resides at , Alberta.

And whose address for service is c/o the said Solicitor and is addressed to

the Defendant whose residence so far as known to the Plaintiff is

, Alberta.

NO.

IN THE COURT

OF QUEEN'S BENCH

OF ALBERTA

JUDICIAL DISTRICT

BETWEEN:

, Plaintiff

and

, Defendant

STATEMENT OF CLAIM FOR DIVORCE AND DIVISION OF MATRIMONIAL PROPERTY

(Lawyer's name, address and telephone no.)

Alberta Regulation 244/96

Court of Appeal Act

Court of Queen's Bench Act

Civil Enforcement Act

ALBERTA RULES OF COURT AMENDMENT REGULATION (NO. 2)

Filed: October 23, 1996

Made by the Lieutenant Governor in Council (O.C. 486/96) pursuant to

section 15 of the Court of Appeal Act,

section 18 of the Court of Queen's

Bench Act and sections 106 and 107 of the Civil Enforcement Act.

1 The Alberta Rules of Court (Alta. Reg. 390/68) are amended by this

Regulation.

2 The following is added after Rule 586:

Legal aid

586.1(1) In this Rule,

(a) "certificate" means a Legal Aid Certificate that is

issued by the Legal Aid Society of Alberta;

(b) "document" means any document that may be filed by

a court official for which a fee is payable under

Schedule E, Number 1,

section 1 or 2 or Number 2,

section 1.

(2) Notwithstanding Rule 585 or 586, where

(

a) a court official has been requested to file a

document, and

(

b) a certificate has been issued in respect of a

person for whom the document is to be filed,

the court official on being presented with a copy of the certificate

shall, if the certificate is subsisting at the time of the filing of the

document, waive the fee payable with respect to filing the document.

(3) Where a document has been filed in an action prior to a

certificate being issued in respect of the person for whom the document was

filed, the fee paid in respect of filing that document is not eligible to

be waived under this Rule.

Restraining orders

586.2(1) In this Rule,

(a) "document" means a document commencing an action in

which the relief being sought by the party commencing the action is a

restraining order;

(b) "party" means a party to an action referred to in

clause (a);

(c) "restraining order" means a restraining order that

is being sought in respect of a matrimonial, domestic or family matter or

any other inter-personal matter between individuals and includes the costs

associated with respect to that restraining order.

(2) Notwithstanding Rule 585 or 586, where a court official has been

requested to file or issue a document in which the relief claimed by the

party on whose behalf the document is being filed or issued is a

restraining order, the court official shall waive the fee payable in

respect of the matter under

Schedule E, Number 1,

section 1 or 2 or Number

section 1.

(3) Notwithstanding subrule (2),

(

a) the fee referred to in subrule (2) shall not be

waived if any relief other than a restraining order is being sought in

respect of the matter for which the document is being filed or issued, or

(

b) if

(

i) the fee referred to in subrule (2) has

been waived, and

(ii) subsequent to the fee's being waived,

the party on whose behalf the document was filed or issued claims or seeks

relief in respect of the matter other than or in addition to the

restraining order,

any fee that was waived becomes due and payable and

must be paid prior to that other or additional relief's being granted by

the court.

3 This Regulation comes into force on December 1, 1996.

Alberta Regulation 245/96

Optometry Profession Act

OPTOMETRY PROFESSION GENERAL

AMENDMENT REGULATION

Filed: October 23, 1996

Approved by the Lieutenant Governor in Council (O.C. 489/96) pursuant to

section 9 of the Optometry Profession Act.

1 The Optometry Profession General Regulation (Alta. Reg. 388/85) is

amended by this Regulation.

2 The following is added after

section 12:

PART 2.1

DESIGNATION - THERAPEUTIC MEDICATIONS

12.1 In this Part, "designation" means the designation of a

registered optometrist under

section 12.2.

12.2(1) The Registrar may, on the application of a registered

optometrist, designate the registered optometrist as being authorized to

provide the vision care services prescribed in

section 33.2 of the

Optometry Profession Standards of Practice Regulation (Alta. Reg. 389/85).

(2) The Registrar shall record every designation in the register of

registered optometrists.

(3) A registered optometrist who, prior to January 1, 1996,

graduated from an approved faculty or completed a program of optometric

study referred to in

section 4(a)(ii) is qualified to be designated if the

optometrist

(

a) has successfully completed a post-graduate course

approved by the Council in the administration and prescription of

therapeutic medications that is composed of at least 100 hours of

instruction, of which at least 40 hours are in a clinical setting using

therapeutic medications, and

(

b) has passed an examination administered by the

Registration Committee respecting the use of therapeutic medications.

(4) A registered optometrist who, on or after January 1, 1996,

graduated from an approved faculty or completed a program of optometric

study referred to in

section 4(a)(ii) is qualified to be designated if the

optometrist

(

a) has passed the pharmaceutical

section of the

Canadian Standard Assessment Examinations administered by the Canadian

Examiners in Optometry, and

(

b) has taken at least 40 hours of clinical training in

the administration and prescription of therapeutic medications in an

academic setting approved by the council.

12.3(1) The Registrar shall send a written notice of any decision

made by the Registrar respecting an application for a designation to the

applicant.

(2) If the decision made by the Registrar is to refuse or defer the

designation of the applicant, reasons for the decision must be sent in

writing to the applicant.

(3) An applicant whose application for a designation is refused or

deferred may, within 30 days of receiving a notice of refusal or deferral

and the reasons for it, request the Council to review the Registrar's

decision by serving on the Registrar a written request for review by the

Council setting out the reasons why the application for designation should

be approved.

(4) For the purposes of subsection (3), if the Registrar does not

approve, refuses to approve or defers the designation of an applicant

within 60 days of the date on which an applicant applied for a designation,

the application is deemed to have been refused.

(5) The Council shall, after receipt of a request for review under

subsection (3), review the request.

(6) The applicant who requests a review pursuant to subsection

(3) shall be notified in writing by the Registrar of the date, place and time

that the Council will consider the matter requested to be reviewed and the

Council, after reviewing the matter, may make any decision that the

Registrar could have made.

12.4 The Registrar shall issue a certificate of designation to

every registered optometrist who is designated.

Alberta Regulation 246/96

Optometry Profession Act

OPTOMETRY PROFESSION STANDARDS

OF PRACTICE AMENDMENT REGULATION

Filed: October 23, 1996

Approved by the Lieutenant Governor in Council (O.C. 490/96) pursuant to

section 9 of the Optometry Profession Act.

1 The Optometry Profession Standards of Practice Regulation (Alta. Reg.

389/85) is amended by this Regulation.

2 The following is added before

Part 4:

PART 3.1

PRESCRIBED VISION CARE SERVICES

33.1 In this Part, "designated registered optometrist" means a

registered optometrist who has been designated by the Registrar as being

authorized to perform the vision care services prescribed by

section 33.2.

33.2 The following vision care services are prescribed for the

purposes of

section 1(g)(iii) of the Act to be included in the practice of

optometry:

(

a) the administration and prescription of the

following therapeutic medications in the treatment of ocular anterior

segment disorders:

(

i) mydriatics;

(ii) cycloplegics;

(iii) miotics;

(iv) non-steroidal, anti-allergy

medications;

(

v) non-steroidal anti-inflammatory

medications;

(vi) corticosteroids;

(vii) anti-infective medications;

(viii) steroidal, anti-infective

medications;

(ix) anti-glaucoma medications;

(

b) the removal of superficial foreign bodies from the

eye.

33.3(1) Only a designated registered optometrist may perform the

vision care services prescribed by

section 33.2.

(2) A designated registered optometrist may administer and prescribe

anti-glaucoma medications only in a consultative, co-management arrangement

with an ophthalmologist who is licensed to practise in Canada.

33.4(1) The College shall establish guidelines respecting

(

a) the administration and prescription of therapeutic

medications prescribed under

section 33.2(

a) by a designated registered

optometrist, and

(

b) criteria governing the referral of patients by a

designated registered optometrist to ophthalmologists or physicians who are

licensed to practise in Canada.

(2) Designated registered optometrists shall comply with the

guidelines established under subsection (1).

33.5 A designated registered optometrist shall display the

optometrist's certificate of designation issued by the Registrar in a

conspicuous place in the optometrist's office or the primary place in which

the optometrist carries on the practice of optometry.

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

Alberta Regulation 247/96

Regional Health Authorities Act

ALBERTA HOSPITAL EDMONTON FOUNDATION REGULATION

Filed: October 23, 1996

Made by the Lieutenant Governor in Council (O.C. 491/96) pursuant to

section 21 of the Regional Health Authorities Act.

Table of Contents

Definitions 1

Foundation continued 2

By-laws re Foundation 3

Board of Foundation 4

General - eligibility, term 5

Reports 6

Application of Alta. Reg. 16/95 7

Winding up 8

Sunset clause 9

Definitions

1 In this Regulation, "Foundation" means the Alberta Hospital Edmonton

Foundation revived by

section 4 of the Health Statutes Amendment Act, 1996.

Foundation continued

2 The Foundation is continued in accordance with this Regulation.

By-laws re Foundation

3(1) The Foundation shall, not later than 180 days after the coming into

force of this Regulation, submit to the Minister by-laws that have been

made by the Foundation and contain the following provisions:

(

a) the name of the Foundation;

(

b) the Foundation's purposes;

(

c) the number of voting members on the Foundation's board of

trustees;

(

d) the qualifications and other eligibility requirements for

becoming and remaining a member of the board of trustees.

(2) The Foundation may amend by-laws made under subsection (1) and shall

forthwith submit the amendments to the Minister.

(3) On receiving by-laws under this section, the Minister may

(

a) approve the by-laws as submitted, or

(

b) refer the by-laws back to the Foundation to take further action

as directed by the Minister and to resubmit the by-laws.

(4) The Minister may refer by-laws received under this

section to the

Provincial Mental Health Advisory Board for comment.

(5) No by-law made under this

section has effect until it has been

approved by the Minister.

(6) If the Foundation fails to submit by-laws to the Minister as required

by subsection (1), the Minister may order that the Foundation be wound up.

(7) If the Foundation amends by-laws approved under this

section to change

the purposes of the Foundation, the by-laws shall be written so as to

ensure that the Foundation's funds that were accumulated, acquired or

pledged before the date of the amendment will be used solely to carry out

the purposes of the Foundation as they existed immediately before that

date.

Board of Foundation

4(1) The board of trustees of the Foundation shall be constituted as

follows:

(

a) there shall be not fewer than 5 nor more than 15 voting members

on the board of trustees;

(

b) the trustees of the Foundation who are in office on the

effective date of this Regulation continue as voting members of the board

of trustees of the Foundation until the expiry of 90 days after the by-laws

have been approved by the Minister under

section 3 or until the expiry of

their terms under the predecessor legislation, whichever occurs last;

(

c) the Provincial Mental Health Advisory Board may appoint one

voting member of the board of trustees;

(

d) the remaining members shall be elected at a meeting of the

board of trustees by the other voting members then in office;

(

e) where the term of a voting member expires or a vacancy in the

voting membership occurs (other than in the case of the member referred to

in clause (c)), the member may be replaced or the vacancy may be filled, as

the case may be, through election by the other voting members of the board

then in office.

(2) The members of a board of trustees who are elected under subsection

(1)(

d) or (

e) shall be elected from

(

a) a list of persons nominated by the other voting members then in

office, or

(

b) a list of persons compiled by the Foundation pursuant to a

public nomination process implemented by the Foundation,

or a combination of both.

General - eligibility, term

5(1) No person is eligible to be appointed or elected as a voting member,

or to remain as a voting member, of the board of trustees of the Foundation

unless that person is ordinarily resident in Alberta.

(2) The Foundation may by notice in writing terminate the appointment of a

member of the board of trustees

(

a) who ceases to meet any of the qualifications or other

eligibility requirements for membership set out in the by-laws, or

(

b) who, being a voting member of the board of trustees of the

Foundation, ceases to be ordinarily resident in Alberta.

(3) All members of the board of trustees of the Foundation who are

appointed or elected shall be appointed or elected for a term not to exceed

3 years, and are eligible for reappointment or re-election for additional

terms.

(4) The Foundation may appoint additional persons as non-voting members of

the board of trustees.

(5) The members of the board of trustees of the Foundation shall choose a

person as chair from among themselves.

Reports

6(1) Not later than the July 31 immediately following each fiscal year the

Foundation shall prepare and submit to the Minister an annual report which

shall include

(

a) audited financial statements for the fiscal year the report

relates to, and

(

b) any other information specified by the Minister in a notice in

writing to the Foundation.

(2) The Foundation shall on the written request of the Minister forward to

the Minister records, reports and returns as specified by the Minister in

the request.

(3) The Minister may issue to the Foundation written directives respecting

the form and content of any information to be provided under subsection

(1).

(4) The Foundation must submit its audited financial statements to the

Minister not later than the June 15 immediately following each fiscal year.

Application of Alta. Reg. 16/95

7(1) Subject to subsection (2), sections 5 to 10 and 12 of the Regional

Health Authorities Foundations Regulation (Alta. Reg. 16/95) apply in

respect of the Foundation.

(2) Section 12 of the Regional Health Authorities Foundations Regulation

(Alta. Reg. 16/95) shall be interpreted as if "regional health authority

that established it" read "Provincial Mental Health Advisory Board".

Winding up

8(1) The Minister may order that the Foundation be wound up in any of the

following circumstances:

(

a) on the request of the Foundation;

(

b) if the Foundation contravenes the Act, a regulation under the

Act or any order or direction of the Minister;

(

c) if the Minister is satisfied that the Foundation is inactive;

(

d) if the Minister is satisfied that the Foundation is not

carrying out its purposes.

(2) The Foundation may not be wound up except by an order of the Minister

under this section.

(3) Where the Minister orders that the Foundation be wound up,

(

a) the Minister shall, subject to subsection (4), take such

measures as the Minister considers are necessary to give effect to the

order and, for that purpose, has all the power and authority to act as if

the Minister were the Foundation, and

(

b) the members of the board of trustees may not exercise any of

their powers or authority except under the direction of the Minister.

(4) Where the Foundation is wound up, the property of the Foundation shall

be used

(

a) firstly, in the payment of any costs incurred in the winding-up

of the Foundation,

(

b) secondly, to discharge all liabilities of the Foundation, and

(

c) thirdly, to give effect, as far as possible, to any outstanding

applicable trust conditions,

and the balance if any shall be transferred

(

d) to a successor foundation, if there is one in the Minister's

opinion, or

(

e) if there is no successor foundation, to another person in

Alberta who is a registered charity or qualified donee under the Income Tax

Act (Canada) and has objects or purposes similar to the purposes of the

Foundation, as determined by the Minister.

Sunset clause

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

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

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

expires on June 1, 2001.

Alberta Regulation 248/96

Government Organization Act

DESIGNATION AND TRANSFER OF

RESPONSIBILITY AMENDMENT REGULATION

Filed: October 23, 1996

Made by the Lieutenant Governor in Council (O.C. 492/96) pursuant to

sections 16 and 18 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (Alta. Reg.

398/94) is amended by this Regulation.

Section 7 is renumbered as

section 7(1) and the following is added

after subsection (1):

(2) The responsibility for the Women's Institute Act is transferred

to the Minister of Agriculture, Food and Rural Development.

Section 15 is renumbered as

section 15(1) and the following is added

after subsection (1):

(2) The Honourable Dr. Stephen West is designated as the Minister

responsible for the Racing Corporation Act.

4 The following is added after

section 17:

18(1) The responsibility for the Agricultural and Recreational Land

Ownership Act is transferred to the Minister of Municipal Affairs.

(2) The responsibility for the administration of the unexpended

balance of sub-project 5.1.4.2 Foreign Ownership of Land of program 5 of

the operating expense supply vote of the 1996-97 Government appropriation

for Environmental Protection is transferred to the Minister of Municipal

Affairs.

5(1)

Section 11 as enacted by

section 2 of the Designation and Transfer of

Responsibility Amendment Regulation (Alta. Reg. 166/96) is renumbered as

section 19 and repositioned immediately following

section 18.

(2) The Alberta Lotteries, Gaming and Racing Administrative Transfer Order

(Alta. Reg. 323/94) is amended in

section 1(3) by striking out "the Racing

Commission Act and of".

(3) The Justice Administrative Transfer Order (Alta. Reg. 13/93) is

amended by repealing

section 1(1)(vvvv).

Section 4 comes into force on November 1, 1996.

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

Alberta Regulation 249/96

Provincial Parks Act

DISPOSITIONS AMENDMENT REGULATION

Filed: October 23, 1996

Made by the Lieutenant Governor in Council (O.C. 493/96) pursuant to

section 8 of the Provincial Parks Act.

1 The Dispositions Regulations (Alta. Reg. 241/77) are amended by this

Regulation.

2 The following is added after

section 2:

2.1(1) The Minister shall not, with respect to land that is in a

provincial park that is designated as a wildland provincial park under the

Act,

(

a) grant authority to construct an access road under

section 26, or

(

b) grant a disposition under Parts 2 to 10.

(2) Notwithstanding subsection (1), the Minister may

(

a) grant an authority or disposition referred to in

subsection (1) for the purpose of the working, extraction or removal of

subsurface minerals from land that is in or surrounded by a wildland

provincial park, if the rights to the subsurface minerals existed on the

effective date of the designation of the wildland provincial park, and

(

b) grant an authority referred to in subsection (1)(

a) for the purpose of allowing access to privately owned land that is

surrounded by a wildland provincial park.

Alberta Regulation 250/96

School Act

ALBERTA SCHOOL FOUNDATION FUND REGULATION

Filed: October 23, 1996

Made by the Lieutenant Governor in Council (O.C. 494/96) pursuant to

section 159.1 of the School Act.

Table of Contents

Definitions 1

Application 2

Time of payment 3

Review 4

Repeal 5

Definitions

1 In this Regulation,

(a) "Act" means the School Act;

(b) "eligible student" means a student who

(

i) on September 30 meets the requirements of

section

3(1)(

b) of the Act,

(ii) either has a parent who ordinarily resides in

Alberta or is an independent student who ordinarily resides in Alberta,

(iii) is enrolled in and is attending a school operated

by a board,

(iv) is at least 5 years 6 months but less than 20 years

of age on September 1 of the year in which the student is counted,

(

v) is not a student enrolled in a home education

program,

(vi) is not a child to whom an early childhood services

program is being provided pursuant to

section 24(1)(

a) of the Act, and

(vii) is not an Indian residing on a reserve pursuant to

the Indian Act (Canada);

(c) "Fund" means the Alberta School Foundation Fund established

under

section 157.2 of the Act.

Application

2 This Regulation applies to payments made from the Fund to a board for

each eligible student.

Time of payment

3(1) The Minister may, in making payments to a board, under

section

159.1(1) of the Act pay a portion of those payments to the board on or

before the 3rd last banking day of each of September, December, March and

June.

(2) A board that is required to make payments to the Fund under

section

159.1(4) of the Act shall make those payments on or before the first

banking day of each of October, January, April and July.

Review

4 For the purpose of ensuring this Regulation is reviewed for ongoing

relevancy and necessity, with the option that it may be re-enacted in its

present form following a review, this Regulation expires on September 30,

Repeal

5 The Alberta School Foundation Fund 1994-95 Regulation (Alta. Reg.

231/94) is repealed.

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

Alberta Regulation 251/96

Marketing of Agricultural Products Act

ALBERTA CATTLE COMMISSION PLAN, 1969

AMENDMENT REGULATION

Filed: October 23, 1996

Made by the Lieutenant Governor in Council (O.C. 496/96) pursuant to

section 23 of the Marketing of Agricultural Products Act.

1 The Alberta Cattle Commission Plan, 1969 (Alta. Reg. 170/69) is amended

by this Regulation.

Section 2(1) is amended by repealing clause (g).

Section 3(2.1) is amended by striking out "zone representatives" and

substituting "zone delegates".

Section 4 is amended

(

a) in subsection (1.1) by striking out "Fourteen" and substituting

"Twelve";

(

b) by repealing subsection (2) and substituting the following:

(2) The Commission shall consist of

(a) 9 zone directors, and

(b) 3 directors at large.

(2.01) Each zone committee shall elect a zone director to

represent the zone from which the zone director is elected.

(2.02) At the annual general meeting the zone delegates,

sub-zone delegates and producer association delegates shall elect the

directors at large.

Section 7 is amended

(

a) in subsection (1)

(

i) in clause (

a) by striking out "zone

representatives" and substituting "zone delegates, sub-zone delegates and

producer association delegates";

(ii) by repealing clause (

b) and substituting the

following:

(

b) shall hold special general meetings of

the zone delegates, sub-zone delegates and producer association delegates

on the written request of a majority of the delegates;

(iii) in clause (

c) by striking out "zone

representatives" and substituting "zone delegates, sub-zone delegates and

producer association delegates";

(

b) in subsection (2) by striking out "zone representative" and

substituting "zone delegate, sub-zone delegate and producer association

delegate";

(

c) in subsection (3) by striking out "zone representative"

wherever it occurs and substituting "delegate".

Section 9 is amended by striking out "each zone representative" and

substituting "each zone delegate, each sub-zone delegate, each producer

association delegate".

Section 10 is amended by striking out "or are zone representatives" and

substituting ", zone delegates, sub-zone delegates or producer association

delegates".

Section 11 is amended

(

a) in subsection (1) by striking out "ten zone representatives"

and substituting "9 zone delegates";

(

b) by repealing subsection (2) and substituting the following:

(2) Notwithstanding subsection (1) and subject to

section

21(2), in the case of zone 9, the eligible producers

(

a) from each sub-zone shall elect one sub-zone

delegate for each sub-zone, and

(

b) shall elect 4 zone delegates for all of zone 9,

and those zone delegates and sub-zone delegates shall be the

members of the zone committee for zone 9.

9 The following is added after

section 11:

11.1(1) The following organizations are entitled to elect producer

association delegates in accordance with the following:

(

a) the Alberta Canada All Breeds Association

(1984) may elect one producer association delegate;

(

b) the Alberta Cattle Feeders' Association may elect 2

producer association delegates;

(

c) the Alberta Milk Producers may elect one producer

association delegate;

(

d) the Feeder Associations of Alberta Ltd. may elect 2

producer association delegates;

(

e) the Western Stock Growers' Association may elect 2

producer association delegates.

(2) Where in any year an election is to be held to elect a producer

association delegate, the election of that delegate must be held before

November 15 of that year.

Section 12.1(1)(

c) is amended by striking out "either sub-zone

representative" and substituting "the sub-zone delegate".

Section 13 is amended by striking out "zone representative" and

substituting "zone delegate".

12 The following is added after

section 13:

13.1 The term of office of a person elected as a producer

association delegate

(

a) commences on November 15 of the year in which the

producer association delegate is elected, and

(

b) expires on November 14 of the 2nd year following

the year in which the term commenced.

Section 14 is repealed and the following is substituted:

14(1) A person who is a delegate, whether a zone delegate, sub-zone

delegate or producer association delegate, shall not serve consecutively

for more than 3 terms as a delegate.

(2) Subsection (1) applies even though a person may change from

being one type of delegate to being another type of delegate.

Section 15 is amended

(

a) in subsection (1) by striking out "zone representatives" and

substituting "zone delegates";

(

b) in subsection (3) by striking out "15" and substituting "13".

Section 16 is amended

(

a) in subsection (1) by striking out "zone representative" and

substituting "zone delegate";

(

b) by repealing subsection (2) and substituting the following:

(2) Notwithstanding subsection (1), to be eligible to be a

zone delegate or sub-zone delegate for zone 9, a person must

(

a) be an eligible producer,

(

b) in the case of a zone delegate, reside in zone 9,

and

(

c) in the case of a sub-zone delegate, reside in the

sub-zone with respect to which that person is elected as a sub-zone

delegate.

Section 18 is amended

(

a) in subsection (1)(

b) by striking out "zone representative" and

substituting "zone delegate";

(

b) in subsection (1.1)

(

i) by striking out "sub-zone representatives in

respect of the sub-zone" and substituting "a zone delegate in respect of

the zone or a sub-zone delegate in respect of the sub-zone";

(ii) in clause (

b) by striking out "sub-zone

representative" and substituting "zone delegate or sub-zone delegate, as

the case may be,";

(

c) in subsection (2)

(

i) by striking out "subsection (1), clause (b)" and

substituting "subsection (1)(

b) or (1.1)(b)";

(ii) in clause (

a) by striking out "zone

representative" wherever it occurs and substituting "zone delegate".

Section 20 is amended

(

a) in clause (

b) by striking out "zone representatives" and

substituting "zone delegates";

(

b) by striking out "or" at the end of clause (a), by adding "or"

at the end of clause (

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

(

c) in the case of zone 9, at a meeting of the zone

committee, there must be present at that meeting a majority of delegates

who are zone delegates or sub-zone delegates who make up the zone committee

at the time of the meeting.

Section 21 is amended

(

a) in subsection (1) by striking out "zone representative" and

substituting "zone delegate";

(

b) in subsection (2) by striking out "sub-zone representative" and

substituting "a zone delegate or a sub-zone delegate".

Section 22 is amended

(

a) in clause (

b) by striking out "zone representatives" and

substituting "zone delegates";

(

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

at the end of clause (

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

(

c) notwithstanding clause (b), in the case of zone 9,

(

i) vote once for such number of candidates

for zone delegates as he chooses, not exceeding the number of zone

delegates to be elected to the zone committee, and

(ii) vote once for such number of candidates

for sub-zone delegates as he chooses, not exceeding the number of sub-zone

delegates to be elected to the zone committee.

Section 25(4) is amended by striking out "zone representative" and

substituting "zone delegate".

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

Alberta Regulation 252/96

Cemeteries Act

CARLO ANTONIO COSTANZO EXEMPTION REGULATION

Filed: October 23, 1996

Made by the Lieutenant Governor in Council (O.C. 497/96) pursuant to

section 60 of the Cemeteries Act.

1 The burial plot located in the south-east quarter of

section 12,

township 7, range 3, west of the fifth meridian in which Mr. Carlo Antonio

Costanzo of Burmis, Alberta is buried is exempt from the application of the

Cemeteries Act and the regulations made under it.

2 The exemption applies only to the burial of Mr. Carlo Antonio Costanzo.

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

Alberta Regulation 253/96

Public Trustee Act

PUBLIC TRUSTEE COMMON FUND

INTEREST RATE REGULATION

Filed: October 31, 1996

Made by the Public Trustee pursuant to

section 26(1) of the Public Trustee

Act

1 On and after January 1, 1997 the interest payable in respect of

estates, the money of which forms the Common Fund, shall

(

a) be at the rate of 8.00% per annum calculated on the minimum

monthly balance held in each estate account, and

(

b) be credited to individual estate accounts on the last day of

each month.

2 The Public Trustee Common Fund Interest Rate Regulation (Alta. Reg.

52/95) is repealed.

3 This Regulation comes into force on January 1, 1997.

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

Alberta Regulation 254/96

Environmental Protection and Enhancement Act

NEW TIRE ADVANCE DISPOSAL SURCHARGE BY-LAW

Filed: October 31, 1996

Made by the Tire Recycling Management Association of Alberta.

Table of Contents

Definitions 1

Advance disposal surcharge 2

Exemption 3

Return and payment of surcharge 4

Records 5

Assessments 6

Interest 7

Transitional 8

Expiry 9

Definitions

1(1) In this By-law,

(a) "Association" means the Tire Recycling Management Association

of Alberta;

(b) "calendar quarter" means the period of 3 months beginning on

the first day of January, April, July and October in each calendar year;

(c) "heavy truck tire" means a tire that is used on a motor vehicle

or trailer and has an inside diameter that is equal to or greater than 50

centimetres (19.5 inches);

(d) "light truck tire" means a tire that is used on a motor vehicle

or trailer and has an inside diameter that is greater than 37 centimetres

(15 inches) and less than 50 centimetres (19.5 inches);

(e) "passenger car tire" means a tire that is used on a motor

vehicle or trailer and has an inside diameter that is not greater than 37

centimetres (15 inches);

(f) "registrant" means a person who is registered under the Tire

Recycling and Management Regulation and whose registration is not under

suspension;

(g) "security interest" means a security interest within the

meaning of the Personal Property Security Act or the Bank Act (Canada);

(h) "Tire Recycling and Management Regulation" means the Tire

Recycling and Management Regulation (Alta. Reg. 206/96).

(2) Terms that are defined in the Tire Recycling and Management Regulation

have the same meaning when they are used in this By-law.

Advance disposal surcharge

2(1) The advance disposal surcharge to be remitted for the purposes of

section 10 of the Tire Recycling and Management Regulation is

(a) $4 per tire in the case of heavy truck tires,

(b) $4 per tire in the case of light truck tires, and

(c) $4 per tire in the case of passenger car tires.

(2) Where a retailer supplies defective new tires for disposal in Alberta,

the retailer may elect to pay an advance disposal surcharge in an amount

equal to 40 cents per kilogram of tire so supplied, instead of an amount

calculated under subsection (1).

Exemption

3 No advance disposal surcharge is payable in the following supply

transactions:

(

a) where the tire is supplied to another registrant who provides

evidence of his registration number and certifies in writing that the tire

is not to be used by him, but is for supply to a third person;

(

b) where the supply is effected solely to create a security

interest;

(

c) where the tire is shipped directly to a point outside of

Alberta;

(

d) where the tire is supplied within the boundaries of

Lloydminster.

Return and payment of surcharge

4(1) Each retailer shall

(

a) complete and file with the Association at its head office a

return in respect of a reporting period not later than 30 days after the

end of a reporting period, and

(

b) remit to the Association with the return all advance disposal

surcharges owing in respect of supply transactions entered into during the

reporting period.

(2) A return shall be in a form acceptable to the Association.

(3) Unless the Association directs otherwise, the reporting period for the

purposes of this

section is a calendar month.

(4) On the application of a retailer, the Association may direct that the

reporting period in respect of the retailer is a calendar quarter.

(5) The Association may in writing at any time extend the time for filing

a return.

Records

5 A registrant shall

(

a) keep records in respect of his transactions in tires and make

them available for inspection by the Association and representatives of the

Department of Environmental Protection, and

(

b) provide to the Association on request information in respect of

his transactions in tires.

Assessments

6(1) Where

(

a) a retailer fails to file a return in accordance with

section 4,

(

b) the Association reasonably believes a return that has been

filed is incorrect or misleading,

the Association may assess the amount of advance disposal surcharges to be

remitted by the retailer in respect of the reporting period.

(2) Where a retailer fails to remit an advance disposal surcharge with

respect to a reporting period, the Association may assess the advance

disposal surcharges in an amount equal to the amount of advance disposal

surcharges that the registrant failed to remit.

(3) Where the Association makes an assessment under subsection (1) or (2),

the retailer shall remit

(

a) the amount of the assessment, or

(

b) where a return has been filed and a remittance made, the

amount, if any, by which the amount of the assessment exceeds the amount

remitted

and the remittance is due and payable from the time the retailer receives

notice of the assessment.

Interest

7 Interest is payable by a retailer on advance disposal surcharges that

the retailer fails to remit as required by this By-law, and is payable at

the rate per annum established by the Association from time to time, from

the date the unpaid amount is due until it is paid.

Transitional

8 A certificate of registration that was issued by the Tire Recycling and

Management Board under the Tire Recycling and Management Regulation and is

valid and subsisting on the coming into force of this By-law is deemed to

be a certificate of registration for the purposes of the Tire Recycling and

Management Regulation and this By-law.

Expiry

9 For the purpose of ensuring that this By-law is reviewed for ongoing

relevancy and necessity, with the option that it may be re-passed in its

present or an amended form following a review, this Regulation expires on

October 15, 2001.

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

Alberta Regulation 255/96

School Act

STUDENT TRANSPORTATION AMENDMENT REGULATION

Filed: October 31, 1996

Made by the Minister of Education (M.O. 041/96 ) pursuant to

section 34(5)

of the School Act.

1 The Student Transportation Regulation (Alta. Reg. 218/95) is amended by

this Regulation.

Section 5 is repealed and the following is substituted:

Limit on fee for transportation

5(1) Any fee charged under

section 34(3) of the Act respecting the

transportation of students in accordance with

section 34(1) of the Act and

this Regulation shall not be more than the difference between

(

a) the cost to the board of transporting those

students, and

(

b) the funding received by the board under the School

Grants Regulation (Alta. Reg. 72/95) in respect of the transportation of

those students.

(2) A fee charged under

section 34(3) of the Act respecting the

transportation of students other than those referred to in subsection

(1) shall not be more than the cost to the board of transporting those

students.

(3) The basis for the fee referred to in subsections (1) and

(2) must be in accordance with a policy established by the Board.

(4) The policy under subsection (3) must be established no later

than September 1, 1997.