Alberta Regulation 108/2010

Mobile Home Sites Tenancies Act

MOBILE HOME SITES TENANCIES MINISTERIAL

AMENDMENT REGULATION

Filed: July 6, 2010

For information only: Made by the Minister of Service Alberta (M.O. SA:016/2010)

on June 29, 2010 pursuant to

section 66 of the Mobile Home Sites Tenancies Act.

1 The Mobile Home Sites Tenancies Ministerial Regulation

(AR 54/96) is amended by this Regulation.

Section 12 is amended by striking out "October 31, 2010"

and substituting "October 31, 2016".

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

Alberta Regulation 109/2010

Water Act

OLDMAN RIVER BASIN WATER ALLOCATION

AMENDMENT ORDER

Filed: July 6, 2010

For information only: Made by the Minister of Environment (M.O. 05/2010) on June

28, 2010 pursuant to

section 35 of the Water Act.

1 The Oldman River Basin Water Allocation Order

(AR 319/2003) is amended by this Order.

Section 1 is repealed and the following is substituted:

Definitions

1 In this Order,

(a) "Oldman River Reservoir Area Projects" means diversions

within the region from all or any of

(

i) the Oldman River Reservoir,

(ii) the Oldman River upstream of the western boundary of

the Piikani Reserve, and

(iii) the Castle and Crowsnest Rivers

and their tributaries;

(b) "region" means the area described in the Schedule.

Section 2 is amended by striking out "for irrigation purposes

to the Oldman River Reservoir Area Projects" and substituting

"each year to the Oldman River Reservoir Area Projects for use within

the region for the purposes set out in

section 3".

Section 3 is repealed and the following is substituted:

Allocation of water

3(1) Water reserved under

section 2 may be allocated by the

Director in accordance with

section 35(3) of the Act for use within

the region for the following purposes:

(

a) municipal purposes;

(

b) commercial purposes;

(

c) recreation purposes;

(

d) rural community water supply purposes;

(

e) agricultural purposes, other than irrigation;

(

f) irrigation;

(

g) industrial purposes.

(2) The total amount of water allocated each year for purposes

referred to in

(a) subsection (1)(

a) to (

e) must not exceed a cumulative total of

1500 acre-feet, and

(b) subsection (1)(

g) must not exceed a cumulative total of 150

acre-feet.

5 The following is added after

section 4:

Schedule

Region - That portion of Alberta that lies within the area described

by the boundaries of the Municipal District of Pincher Creek, the

Municipality of Crowsnest Pass and the Municipal District of

Ranchland No. 66, as those boundaries may be amended from time to

time.

For the purposes of clarification, the Region includes land within any

municipality that is within the outside boundaries of the Municipal

District of Pincher Creek, the Municipality of Crowsnest Pass or the

Municipal District of Ranchland No. 66, including, for example, the

Town of Pincher Creek.

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

Alberta Regulation 110/2010

Government Organization Act

MUNICIPAL AFFAIRS GRANTS AMENDMENT REGULATION

Filed: July 14, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 222/2010)

on July 14, 2010 pursuant to

section 13 of the Government Organization Act.

1 The Municipal Affairs Grants Regulation (AR 123/2000) is

amended by this Regulation.

Section 1(3) of

Schedule 2 is amended by striking out

"and 2009" and substituting ", 2009 and 2010".

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

Alberta Regulation 111/2010

Safety Codes Act

GAS CODE REGULATION

Filed: July 14, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 232/2010)

on July 14, 2010 pursuant to

section 65 of the Safety Codes Act.

Table of Contents

Interpretation

2 Paramountcy

3 Gas systems equipment

4 Prohibition

5 Natural gas and propane installation code

6 Propane storage and handling code

7 Installation code for propane fuel systems and tanks

on highway vehicles

8 Natural Gas Fuelling Stations Installation Code

9 Natural Gas for Vehicles Installation Code

10 Repeal

11 Expiry

12 Coming into force

Schedules

Interpretation

1(1) In this Regulation,

(a) "Act" means the Safety Codes Act;

(b) "Administrator" means an Administrator appointed under

section 14(1) of the Act with respect to gas;

(c) "Standards Council of Canada" means the Standards Council

of Canada established by the Standards Council of Canada

Act (Canada);

(d) "utility" means an individual, firm, corporation or other

entity authorized to distribute gas services to a consumer in

Alberta.

(2) If a code that is declared in force in this Regulation defines a word

that is used in this Regulation in a reference to that code, the word has,

for the purposes of the reference, the meaning given to it in the code.

Paramountcy

2 If there is a conflict between a code declared in force in this

Regulation and another regulation under

an Act of Alberta, the other

regulation prevails over this Regulation.

Gas systems equipment

3(1) No person shall manufacture, install, sell or offer for sale any

equipment related to gas systems for use in Alberta unless the

equipment has been

(

a) tested and certified by a certification body accredited by the

Standards Council of Canada, or

(

b) inspected and accepted by a certification body accredited by

the Standards Council of Canada, and the equipment bears

evidence of having been accepted in the manner authorized

by the certification body.

(2) If a code, standard or body of rules respecting gas systems that is

declared in force under the Act refers to approved equipment, that

equipment must meet the requirements of this section.

Prohibition

4 No person shall fuse or join plastic pipe or aluminum pipe unless

that person has satisfactorily completed a course of training prescribed

by or acceptable to the Administrator.

Natural gas and propane installation code

5 CSA Standard B149.1-10, Natural gas and propane installation

code, published in January, 2010 by the Canadian Standards

Association, is declared in force with the variations specified in

Schedule 1.

Propane storage and handling code

6 CSA Standard B149.2-10, Propane storage and handling code,

published in January, 2010 by the Canadian Standards Association, is

declared in force with the variations specified in

Schedule 2.

Installation code for propane fuel systems and tanks on highway vehicles

7 CSA Standard B149.5-10, Installation code for propane fuel

systems and tanks on highway vehicles, published in January, 2010 by

the Canadian Standards Association, is declared in force with the

variations specified in

Schedule 3.

Natural Gas Fuelling Stations Installation Code

8 CSA Standard B108-99, Natural Gas Fuelling Stations Installation

Code, published in February, 1999 by the Canadian Standards

Association, is declared in force with the variations specified in

Schedule 4.

Natural Gas for Vehicles Installation Code

9 CSA Standard B109.01, Natural Gas for Vehicles Installation

Code, published in June, 2001 by the Canadian Standards Association,

is declared in force with the variations specified in

Schedule 5.

Repeal

10 The Gas Code Regulation (AR 113/2005) is repealed.

Expiry

11 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 June 30, 2016.

Coming into force

12 This Regulation comes into force on September 1, 2010.

Schedule 1

Variations to CSA Standard B149.1-10,

Natural gas and propane installation code

Part 2 is amended by striking out "National Building Code of

Canada, 2005" and substituting "Alberta Building Code 2006".

Part 3 is amended in the definition of "building" by

striking out "applicable building code of the authority having

jurisdiction or, in the absence of such, in accordance with the National

Building Code of Canada" and substituting "Alberta Building Code

2006".

Part 4 is amended

(

a) by striking out Clauses 4.8.2 and 4.8.3 and

substituting the following:

4.8.2 When a mobile home is placed on a permanent

foundation, a replacement furnace or water heater is not

required to be certified specifically for use within the mobile

home but it shall be installed in accordance with CSA Z.240.

4.8.3 When a mobile home is placed on a permanent

foundation and permanent structural alterations are made to the

floor, an exterior wall, or both, gas fired appliances and gas

supply piping may be installed in accordance with the

requirements of the Code.

(

b) by striking out Clause 4.14.5 and substituting the

following:

4.14.5 An appliance shall not be installed on a roof of a

building exceeding 13 ft (4

m) in height from grade to roof

elevation unless direct access is provided in accordance with

the Alberta Building Code 2006.

(

c) in Clause 4.16.4 by striking out "in accordance with

local building codes or in the absence of local codes, the

National Building Code of Canada" and substituting "the

Alberta Building Code 2006";

(

d) in Clause 4.17.2 by striking out "National Building

Code of Canada" and substituting "Alberta Building

Code 2006".

Part 6 is amended

(

a) by striking out Clause 6.14.5 and substituting the

following:

6.14.5 Bending of gas supply piping shall be made only with

bending equipment and procedures especially intended for that

purpose.

(

b) by striking out Clause 6.15.12 and substituting the

following:

6.15.12 An approved transition fitting shall be used for

connecting piping of either steel or copper to plastic. A

mechanical compression transition fitting shall not be located

within 15 ft (4.5

m) of a building."

Part 7 is amended

(

a) in the Note to Clause 7.2.3.2 by striking out "National

Building Code of Canada or local code" and substituting

"Alberta Building Code 2006;

(

b) by adding the following after Clause 7.2.3.2:

7.2.3.3 The fuel supply for generators mentioned in Clauses

7.2.3.1 and 7.2.3.2 shall comply with the requirements of the

Alberta Building Code 2006;

(

c) in Clauses 7.23.2 and 7.24.2 by striking out "local

building code or, in the absence of such, with the National

Building Code of Canada" and substituting "Alberta

Building Code 2006".

Part 8 is amended

(

a) in Clause 8.12.1 by striking out "local building code or,

in the absence of such, in accordance with the National

Building Code of Canada" and substituting "Alberta

Building Code 2006";

(

b) in Clause 8.30.1(

a) by striking out "local building code

or, in the absence of such, with the requirements of the

National Building Code of Canada" and substituting

"Alberta Building Code 2006".

Part 9 is amended

(

a) in Clause 9.1.3 by striking out "National Building Code

of Canada" and substituting "Alberta Building Code

2006";

(

b) in Clause 9.1.5 by striking out "6.22" and

substituting "6.21".

Schedule 2

Variations to CSA Standard B149.2-10,

Propane storage and handling code

Part 2 is amended by striking out "National Building Code of

Canada 2005" and substituting "Alberta Building Code 2006".

Part 3 is amended in the definition of "building" by

striking out "applicable building code of the authority having

jurisdiction or, in the absence of such, in accordance with the National

Building Code of Canada" and substituting "Alberta Building Code

2006".

Schedule 3

Variations to CSA Standard B149.5-10,

Installation code for propane fuel systems

and tanks on highway vehicles

1 Clause 5.14.1 is amended by striking out "Except for a

vehicle with an installed tank that is equipped with a stop-fill valve,"

and substituting "Except for a vehicle that is in compliance with

this Code,".

Schedule 4

Variations to CSA Standard B108-99,

Natural Gas Fuelling Stations Installation Code

Part 1 is amended by adding the following after Clause

1.3:

1.4 This Code and any standards referenced in the Code do not

make or imply any assurance or guarantee with respect to the life

expectancy, durability or operating performance of equipment and

materials referenced in the Code.

Part 2 is amended in the definition of "building" by

striking out "applicable building code of the authority having

jurisdiction or, in the absence of such, in accordance with the National

Building Code of Canada" and substituting "Alberta Building Code

2006".

Part 6 is amended in Clause 6.15 by striking out "under the

local building code".

Part 9 is amended in Clause 9.2 by striking out "CSA

Standard CAN/CGA B149.1" and substituting "CSA Standard

B149.1-10".

Part 10 is amended in Clause 10.4 by striking out "CSA

Standard CAN/CGA B149.1" and substituting "CSA Standard

B149.1-10".

Schedule 5

Variations to CSA Standard B109.01,

Natural Gas for Vehicles Installation Code

Part 3 is amended by adding the following after Clause

3.1.4:

3.1.5 This Code and any standards referenced in the Code do not

make or imply any assurance or guarantee with respect to the life

expectancy, durability or operating performance of equipment and

materials referenced in the Code.

Part 4 is amended

(

a) in Clause 4.4.6.1 by striking out "Note: When the

cylinder is clamped by the neck, a resilient gasket is not

required between the clamping mount and the cylinder neck

when direct contact between these materials does not produce

galvanic corrosion and the clamping system does not leave a

space where road salts and moisture may accumulate and

cause corrosion that may lead to premature failure at either

the cylinder or clamp.";

(

b) by striking out Clause 4.6.8.1 and substituting the

following:

4.6.8.1 A pressure regulator shall be installed

(

a) such that the regulator's weight is not placed on, or

supported by, the attached natural gas fuel lines, and

(

b) in an accessible location.

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Alberta Regulation 112/2010

Gas Resources Preservation Act

APPROVAL OF SHORT-TERM PERMITS

AMENDMENT REGULATION

Filed: July 14, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 238/2010)

on July 14, 2010 pursuant to

section 13 of the Gas Resources Preservation Act.

1 The Approval of Short-term Permits Regulation

(AR 334/2002) is amended by this Regulation.

Section 3 is amended by striking out "October 31, 2010"

and substituting "October 31, 2015".

Alberta Regulation 113/2010

Gas Resources Preservation Act

GAS RESOURCES PRESERVATION AMENDMENT REGULATION

Filed: July 14, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 239/2010)

on July 14, 2010 pursuant to

section 13 of the Gas Resources Preservation Act.

1 The Gas Resources Preservation Regulation

(AR 328/2002) is amended by this Regulation.

Section 7 is amended by striking out "October 31, 2010"

and substituting "October 31, 2015".

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

Alberta Regulation 114/2010

Government Organization Act

RADIATION HEALTH ADMINISTRATION AMENDMENT REGULATION

Filed: July 14, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 240/2010)

on July 14, 2010 pursuant to

Schedule 10,

section 2 of the Government Organization

Act.

1 The Radiation Health Administration Regulation

(AR 49/96) is amended by this Regulation.

Schedule 2 is repealed and the following is substituted:

Schedule 2

(Agencies)

ROW

COLUMN 1

COLUMN 2

COLUMN 3

Alberta

Radiation

Service Ltd.

Diagnostic or therapeutic

x-ray equipment;

Cabinet x-ray equipment;

Diffraction and

analytical x-ray

equipment;

Baggage inspection x-ray

equipment;

Security x-ray

equipment;

Class 3B and 4 lasers

Installed or operated

within dental,

medical,

chiropractic,

veterinary, physical

therapy, education,

industrial,

commercial,

research and

entertainment

facilities

RadMan

Radiation

Management

Services Ltd.

Diagnostic or therapeutic

x-ray equipment;

Cabinet x-ray equipment;

Diffraction and

analytical x-ray

equipment;

Baggage inspection x-ray

equipment;

Security x-ray

equipment;

Industrial x-ray

equipment;

Class 3B and 4 lasers

Installed or operated

within dental,

medical,

chiropractic,

veterinary, physical

therapy, education,

industrial,

commercial,

research and

entertainment

facilities

B&P Stewart

Ent. Ltd.

Diagnostic or therapeutic

x-ray equipment;

Class 3B and 4 lasers

Installed or operated

within dental,

medical,

chiropractic,

veterinary and

education facilities

University of

Calgary,

Environment,

Health and

Safety

Diagnostic x-ray

equipment;

Computed tomography

equipment;

Cabinet x-ray equipment;

Diffraction and

analytical x-ray

equipment;

Industrial x-ray

equipment;

Class 3B and 4 lasers

Installed or operated

within education,

research and

veterinary facilities

owned or operated

by the University of

Calgary

University of

Alberta,

Environmental

Health and

Safety

Diagnostic x-ray

equipment;

Cabinet x-ray equipment;

Diffraction and

analytical x-ray

equipment;

Particle accelerators;

Class 3B and 4 lasers

Installed or operated

within education,

research, medical,

dental and

veterinary facilities

owned or operated

by the University of

Alberta

Filipow

Associates Inc.

Diagnostic or therapeutic

x-ray equipment;

Computed tomography

equipment;

Cabinet x-ray equipment;

Diffraction and

analytical x-ray

equipment;

Baggage inspection x-ray

equipment;

Security x-ray

equipment;

Industrial x-ray

equipment;

Irradiation x-ray

equipment;

Particle accelerators;

Class 3B and 4 lasers

Installed or operated

within medical,

dental, chiropractic,

veterinary, physical

therapy, education,

industrial,

commercial,

research and

entertainment

facilities

Alberta Health

Services,

Diagnostic

Imaging

Services

Diagnostic or therapeutic

x-ray equipment;

Computed tomography

equipment;

Cabinet x-ray equipment;

Diffraction and

analytical x-ray

equipment;

Particle accelerators;

Class 3B and 4 lasers

Installed or operated

within medical,

dental, physical

therapy and

research facilities

owned or operated

by Alberta Health

Services

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

Alberta Regulation 115/2010

Professional and Occupational Associations Registration Act

PROFESSIONAL PLANNER REGULATION

Filed: July 14, 2010

For information only: Approved by the Lieutenant Governor in Council (O.C.

241/2010) on July 14, 2010 pursuant to sections 9 and 14 of the Professional and

Occupational Associations Registration Act and made by the Alberta Association

Canadian Institute of Planners (AACIP) on January 4, 2010.

Table of Contents

Definitions

2 Registration Committee

3 Registers

4 Powers and duties of Registration Committee

5 Review of application

6 Proof of registration

7 Fees for annual renewal

8 Annual proof of registration

9 Registration as Registered Professional Planner

10 Registration as a Candidate Member

11 Practice Review Committee

12 Powers and duties of Practice Review Committee

13 Notice

14 Reports and recommendations

15 Discipline Committee

16 Written complaints

17 Costs

18 Cancellation and suspension

19 Cancellation on request

20 Non-payment of fees, etc.

21 Registration in error

22 Service of notices

23 Use of title

24 Code of Professional Conduct

25 Transitional

26 Repeal

27 Expiry

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Professional and Occupational Associations

Registration Act;

(b) "bylaws" means the bylaws of the Institute;

(c) "Candidate Member" means a person whose name is entered

in the register of Candidate Members;

(d) "Council" means the Council of the Institute established

under the bylaws;

(e) "Discipline Committee" means the Discipline Committee

established pursuant to

section 15;

(f) "Institute" means the registered association with the name

"Alberta Professional Planners Institute";

(g) "Institute Registrar" means the registrar of the Institute

appointed under the bylaws;

(h) "practice of planning" means the process of planning the

scientific, aesthetic and orderly allocation of land,

community resources, facilities and services with a view to

maintaining and improving the physical environment and the

economic and social conditions of urban and rural

communities;

(i) "Practice Review Committee" means the Practice Review

Committee established pursuant to

section 11;

(j) "Registered Professional Planner" means a person whose

name is entered in the register of Registered Professional

Planners;

(k) "Registration Committee" means the Registration Committee

established pursuant to

section 2;

(l) "regulated member" means a Registered Professional Planner

and a Candidate Member.

Registration Committee

2(1) There is hereby established the Registration Committee

consisting of

(

a) one Registered Professional Planner who is a member of the

Council, and

(

b) at least 5 other Registered Professional Planners who are not

members of the Council, one of whom must be appointed by

the Council as chair.

(2) The member of the Registration Committee appointed pursuant to

subsection (1)(

a) is a non-voting member of the Registration

Committee.

(3) The Registration Committee must be appointed by the Council in

accordance with the bylaws.

(4) The Registration Committee must meet at the call of the chair.

(5) A quorum at a meeting of the Registration Committee is at least 3

of the members appointed pursuant to subsection (1)(b).

Registers

3(1) The Institute Registrar must maintain, in accordance with this

Regulation and the bylaws and subject to the direction of the Council,

(

a) a register of Registered Professional Planners, and

(

b) a register of Candidate Members.

(2) The Institute Registrar must enter in the appropriate register

(

a) the name of an individual who has paid the registration fee

prescribed by the bylaws and whose registration has been

approved by the Registration Committee under

section 4 or

the Council under

section 5, and

(

b) the mailing address of that individual.

Powers and duties of Registration Committee

4(1) The Registration Committee must consider applications from

persons to become regulated members of the Institute in accordance

with this Regulation and the bylaws and may

(

a) approve the application,

(

b) refuse to approve the application, or

(

c) defer approval until the applicant has done either or both of

the following:

(

i) successfully completed examinations or coursework as

required by the Registration Committee;

(ii) successfully completed any further type and term of

experience required by the Registration Committee.

(2) The Registration Committee must send a written notice of any

decision made by it to the applicant.

(3) If the decision made by the Registration Committee is to refuse the

application for registration, written reasons for the decision must be

sent to the applicant.

Review of application

5(1) An applicant whose application for registration is refused by the

Registration Committee may, by notice in writing served on the

Institute Registrar within 30 days of receiving a notice of refusal and

the reasons for it, appeal the refusal to the Council.

(2) The notice of appeal must set out the reasons why, in the

applicant's opinion, the application for registration should be

approved.

(3) An applicant who appeals a decision of the Registration

Committee under this

section

(

a) must be notified in writing by the Institute Registrar of the

date, place and time that the Council will hear the appeal, and

(

b) is entitled to make representations to the Council when it

hears the appeal and be represented by an agent or counsel.

(4) A member of the Registration Committee who is also a member of

the Council may not

(

a) participate in the appeal,

(

b) vote on a decision of the Council under this section, or

(

c) be counted for the purposes of a quorum of the Council when

it hears the appeal.

(5) On hearing an appeal under this section, the Council may make

any decision the Registration Committee may make, and must give

written notice of its decision to the applicant.

Proof of registration

6 On entering the name of a regulated member in the appropriate

register, the Institute Registrar must issue proof of registration to that

regulated member.

Fees for annual renewal

7 A regulated member must pay the following fees as prescribed by

the bylaws to the Institute Registrar or to any person authorized by the

Institute Registrar to accept payment:

(

a) the fee for annual renewal of registration;

(

b) where an application for annual renewal of registration is

made after the date prescribed by the bylaws, the fee for late

renewal.

Annual proof of registration

8(1) The Institute Registrar must issue proof of registration each year

in accordance with the bylaws to a regulated member

(

a) whose registration is not cancelled or under suspension, and

(

b) who has paid the fees required under

section 7.

(2) Proof of registration issued under this

section or

section 6 expires

on the date prescribed in the bylaws.

Registration as Registered Professional Planner

9 An applicant is entitled to be registered as a Registered Professional

Planner if the applicant provides proof of good character and

reputation acceptable to the Registration Committee, pays the

registration fee prescribed in the bylaws and meets the requirements of

clause (a), (b), (

c) or (d):

(

a) the applicant produces documentation that satisfies the

Registration Committee that the applicant

(

i) has obtained a degree in the practice of planning that is

recognized by the Council,

(ii) has obtained at least 2 years of practical experience in

the practice of planning that is acceptable to the

Registration Committee, and

(iii) has successfully completed all examinations approved

by the Council;

(

b) the applicant produces documentation that satisfies the

Registration Committee that the applicant

(

i) has obtained a degree other than a degree in the practice

of planning,

(ii) has obtained at least 5 years of practical experience in

the practice of planning that is acceptable to the

Registration Committee, and

(iii) has successfully completed all examinations approved

by the Council;

(

c) the applicant produces documentation that satisfies the

Registration Committee that the applicant

(

i) has a combination of education, training, experience,

examinations or other qualifications that demonstrate

the competence required for registration,

(ii) has obtained at least 15 years of practical experience in

the practice of planning that is acceptable to the

Registration Committee, and

(iii) has successfully completed all examinations approved

by the Council;

(

d) the applicant produces documentation that satisfies the

Registration Committee that the applicant is registered and in

good standing with a professional regulatory organization

under

an Act of another province or territory of Canada to

perform an occupation that, in the opinion of the Registration

Committee, is substantially equivalent, in terms of scope of

practice and competencies, to that of a Registered

Professional Planner.

Registration as a Candidate Member

10(1) An applicant is entitled to be registered as a Candidate Member

if the applicant provides proof of good character and reputation

acceptable to the Registration Committee, pays the registration fee

prescribed in the bylaws and produces documentation that satisfies the

Registration Committee that

(

a) the applicant

(

i) has obtained a degree in the practice of planning, and

(ii) is actively working towards meeting the requirements of

section 9(a)(ii) and (iii),

(

b) the applicant

(

i) has obtained a degree other than a degree in the practice

of planning, and

(ii) is actively working towards meeting the requirements of

section 9(b)(ii) and (iii),

(

c) the applicant produces documentation that satisfies the

Registration Committee that the applicant is registered and in

good standing with a professional regulatory organization

under

an Act of another province or territory of Canada to

perform an occupation that, in the opinion of the Registration

Committee, is substantially equivalent, in terms of scope of

practice and competencies, to that of a Candidate Member.

(2) A person may remain in the register of Candidate Members for not

more than 7 years from the date the person's name was entered in that

register.

(3) Notwithstanding subsection (2), the total period of time an

individual may remain in the register of Candidate Members may be

extended by the Registration Committee.

Practice Review Committee

11(1) There is hereby established the Practice Review Committee

consisting of

(

a) one Registered Professional Planner who is a member of the

Council, and

(

b) at least 3 other Registered Professional Planners who are not

members of the Council, one of whom shall be appointed as

chair.

(2) The Practice Review Committee must be appointed by the Council

in accordance with the bylaws.

(3) The Practice Review Committee must meet at the call of the chair.

(4) A quorum at a meeting of the Practice Review Committee is 3

members.

Powers and duties of Practice Review Committee

12 The Practice Review Committee

(

a) may, on its own initiative, and shall, at the request of the

Council, inquire into and report to and advise the Council in

respect of

(

i) the assessment of educational standards and experience

requirements that are conditions precedent to

registration as a Registered Professional Planner,

(ii) the assessment and development of continuing

education programs for upgrading and enrichment of

Registered Professional Planners,

(iii) the evaluation of desirable standards of competence for

Registered Professional Planners generally,

(iv) any other matter that the Council from time to time

considers necessary or appropriate in connection with

the exercise of its powers and the performance of its

duties in relation to competence in the practice of

planning under this Regulation, and

(

v) the practice of planning generally,

and

(

b) may, with the approval of the Council, conduct a review of

the practice of a regulated member.

Notice

13 The Practice Review Committee shall give reasonable notice to a

regulated member of its intention to conduct a review of the practice of

the regulated member.

Reports and recommendations

14(1) After each inquiry or review under

section 12, the Practice

Review Committee

(

a) shall make a written report to the Council on the inquiry or

review and, where appropriate, on its decision,

(

b) may make recommendations, together with reasons, to the

Council regarding the matter inquired into or reviewed,

(

c) may make recommendations to a regulated member as to that

regulated member's conduct in the practice of planning, and

(

d) shall, if it is of the opinion that the conduct of a member

constitutes or may constitute either unskilled practice of the

profession or professional misconduct within the meaning of

section 19 of the Act, forthwith refer the matter relating to

that conduct to the chair of the Discipline Committee to be

dealt with under

Part 3 of the Act, and in such a case the

Discipline Committee shall deal with it as if it were a

complaint.

(2) The Practice Review Committee may at any time during an inquiry

or review under

section 12 refer any matter to the chair of the

Discipline Committee to be dealt with under

Part 3 of the Act, and in

such a case the Discipline Committee shall deal with it as if it were a

complaint.

Discipline Committee

15(1) The Discipline Committee is established consisting of at least 5

Registered Professional Planners who are not members of the Council,

one of whom must be appointed by the members of the Discipline

Committee as chair.

(2) The members of the Discipline Committee must be appointed by

the Council in accordance with the bylaws.

(3) The Discipline Committee must meet at the call of the chair.

(4) A quorum at a meeting of the Discipline Committee is at least 3 of

the members of the Committee.

Written complaints

16 A person who wishes to submit a complaint must, in accordance

with

section 20 of the Act, make it in writing, sign it and submit it to

the chair of the Discipline Committee.

Costs

17 In accordance with

section 34 of the Act, the Discipline

Committee may, with respect to hearings before it and reviews by the

Council, order the investigated person to pay the following costs:

(

a) the fee payable to the lawyer advising the Discipline

Committee or Council at the hearing or review and the fee

payable to the lawyer acting in a prosecutory role at the

hearing or review;

(

b) the cost of recording the evidence and preparing transcripts;

(

c) the expenses of the members constituting the Discipline

Committee, including, without limitation, the daily

allowances of those members as determined by Council;

(

d) any other expenses incurred by the Institute that are

incidental to the hearing or review.

Cancellation and suspension

18(1) The registration of a regulated member is cancelled or

suspended when the decision to cancel or suspend the registration is

made in accordance with the Act or this Regulation.

(2) The Institute Registrar must enter a memorandum of the

cancellation or suspension of the registration in the appropriate register

indicating

(

a) the date of the cancellation or suspension,

(

b) the period of the suspension, and

(

c) the nature of any finding under

Part 3 of the Act.

(3) If the registration of a regulated member is cancelled, the person

whose registration is cancelled must, on request, surrender to the

Institute Registrar all documents relating to the registration.

Cancellation on request

19 The Institute Registrar must not cancel the registration of a

regulated member at the request of the regulated member unless the

request for cancellation is approved by the Registration Committee.

Non-payment of fees, etc.

20(1) The Council must direct the Institute Registrar to suspend or

cancel the registration of a regulated member who is in default of

payment of annual fees, penalties, costs or any other fees, dues or

levies payable under the Act, this Regulation or the bylaws after the

expiration of 30 days following the service on that person of a written

notice by the Council unless that person complies with the notice.

(2) The notice under subsection (1) must state that the Institute

Registrar must suspend or cancel the registration unless the fees,

penalties, costs, dues or levies are paid as indicated in the notice.

Registration in error

21 The Council must direct the Institute Registrar to cancel the

registration of any person that is entered in error in a register.

Service of notices

22 A notice to be served on the Institute Registrar, the Council, the

Registration Committee, the Practice Review Committee or the

Discipline Committee, or any member of those committees or the

Council, is sufficiently served if it is personally served at, or sent by

registered or certified mail to, the office of the Institute.

Use of title

23 A Registered Professional Planner may use the title "Registered

Professional Planner" and the abbreviations "R.P.P." and "RPP".

Code of Professional Conduct

24 The standards of conduct and code of ethics of the Institute are set

out in the Code of Professional Conduct in the Schedule.

Transitional

25(1) In this section, "previous Regulation" means the Alberta

Community Planner Regulation (AR 240/89).

(2) The Institute Registrar must enter in the register of Registered

Professional Planners or the register of Candidate Members the name

of a person who, on the coming into force of this Regulation, was

registered as an Alberta Community Planner or a provisional member,

as the case may be, under the previous Regulation.

(3) Notwithstanding sections 9, 10 and 26, the previous Regulation

continues to apply in respect of applications for registration as an

Alberta Community Planner or a provisional member that are received

by the Registration Committee before the coming into force of this

section.

(4) The Institute Registrar must enter in the register of Registered

Professional Planners or the register of Candidate Members the name

of a person whose application under subsection (3) as an Alberta

Community Planner or a provisional member, as the case may be, is

approved by the Registration Committee.

Repeal

26 The Alberta Community Planner Regulation (AR 240/89) is

repealed.

Expiry

27 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 January 31, 2015.

Schedule

Code of Professional Conduct

1 A regulated member must conduct himself or herself in a

professional, ethical and responsible manner.

2 A regulated member must act in accordance with all applicable

legislation and other laws.

3 A regulated member must maintain currency in the knowledge and

skills necessary to carry out the practice of planning.

4 A regulated member must report any incompetent, illegal or

unethical conduct of any member to the appropriate authority.

5 A regulated member must act in the best interests of the client and

provide professional services with integrity, objectivity and

independence.

6 A regulated member must hold in confidence all client information

unless the member is permitted by the client or is required by the Act

or any other enactment or by order of a court to disclose the

information.

7 A regulated member must continually seek further knowledge in

the theory and practice of planning and all other matters that enhance

the reputation of the profession and the regulated member.

8 A regulated member must refrain from engaging in any business

practices that detract from the professional image of the Association or

its members.

9 A regulated member must refrain from serving a client under any

terms or conditions that would impair the member's independence.

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

Alberta Regulation 116/2010

Civil Enforcement Act

CIVIL ENFORCEMENT AMENDMENT REGULATION

Filed: July 14, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 257/2010)

on July 14, 2010 pursuant to

section 106 of the Civil Enforcement Act.

1 The Civil Enforcement Regulation (AR 276/95) is

amended by this Regulation.

Section 1 is amended

(

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

(c.1) "fax" means a machine or device that electronically

transmits a copy of a document, picture or other printed

material by means of a telecommunication system;

(c.2) "recorded mail" means recorded mail as defined in the

Alberta Rules of Court;

(

b) by repealing clause (e).

Section 4(

b) is amended

(

a) by striking out "telecopier telephone" and substituting

"fax";

(

b) by striking out "receiving telecopier" and substituting

"receiving fax".

Section 5(

a) is amended by striking out "telecopier" and

substituting "fax".

5 The following is added after

section 6:

Review of account

6.1(1) An enforcement debtor or a creditor of an enforcement

debtor may request a review officer to review the account of an

agency.

(2) A request for review under subsection (1) must be made within 6

months from the day that the statement of account was received by

the enforcement debtor.

(3) On receiving a request for review under subsection (1), the

review officer shall grant an appointment for the review of the

account.

(4) On service of a notice of the appointment for the review of the

account on the agency, the review officer must,

(

a) on the payment or tendering of the fees to the review officer,

review the account presented to the review officer, and

(

b) if requested to do so, provide a certificate of the review

setting out the amount reviewed.

(5) Part 10 of the Alberta Rules of Court applies with any necessary

modifications to the review of an account under this section.

Section 14(1) is amended by striking out "Rule 353 or 354

of the Alberta Rules of Court" and substituting "section 35.05 or

35.06".

Section 19(1) is amended by adding "and in a format

approved by the sheriff" after "a location approved by the sheriff".

Section 22 is amended

(

a) in subsection (1)(

a) by striking out "a fee of $100"

and substituting "a non-refundable fee of $200";

(

b) in subsection (3)(

a) by striking out "a course" and

substituting "training".

Section 26 is amended

(

a) in clause (

a) by striking out "or an offence punishable

by imprisonment for 2 or more years";

(

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

(a.1) is convicted of an offence for which the Crown had the

option of proceeding summarily or by indictment;

10 The following is added after

section 35:

Part 1.1

Writs and Service of Documents

Changes of name

35.01 Where the name shown on a judgment or writ of a person

who is entitled to enforce the judgment or writ is incorrect or has

changed, the clerk may, without an order of the Court, issue a writ or

amend a writ that has already been issued so that the person is

properly named in the writ.

Clerical errors

35.02 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.

Court order

35.03(1) A party claiming to be entitled to enforce a judgment may

apply to the Court for an order directing one or more of the

following:

(

a) that a writ be issued showing the proper name of the

judgment debtor where the judgment debtor's name as shown

on the judgment is not the judgment debtor's proper name;

(

b) that a change be made to a writ;

(

c) that a new writ be issued;

(

d) that any issue or question necessary to determine the rights of

the parties be decided in any way in which a question in an

action may be decided.

(2) An application referred to in subsection (1) may be made ex

parte unless the Court directs otherwise.

Amendment of writ

35.04 If a writ of enforcement has been issued for costs that are

reduced on appeal, the writ of enforcement shall be returned to the

court clerk who issued it for amendment in accordance with the

order made on the appeal.

Service of documents

35.05(1) In this Part and Parts 3 and 4, "document" means a

document or notice that is issued or granted in respect of matters

under the Act or this Regulation.

(2) Unless the Act or this Regulation expressly requires otherwise, a

document that is to be served by one party on another party under the

Act or this Regulation may be served or delivered by any method of

communication that is

(

a) appropriate for the type of document, and

(

b) a normal method of communication between the parties,

including ordinary mail, fax, e-mail or recorded mail.

(3) For the purposes of subsection (2), communication by fax or

e-mail is a normal method of communication between the parties if

(

a) previous communications have been sent or received by that

method, or

(

b) the intended recipient of the communication has provided a

fax number or an e-mail address to the sender.

(4) The Court or an agency may be served by fax or e-mail only if

the court clerk or an officer of the agency has consented in writing to

be served by that method in respect of the matter to which the

document to be served pertains.

(5) A document may be served on an individual who is not required

to be served by another method under this Part

(

a) by being left with the individual, or

(

b) by being sent by ordinary or recorded mail addressed to the

individual.

(6) A document may be served on a corporation

(

a) by being sent to or left with

(

i) an officer of the corporation who appears to have

management or control responsibilities with respect to

the corporation, or

(ii) an individual who appears to have management or

control responsibilities with respect to the corporation at

its principal place of business or activity in Alberta, or

at the corporation's place of business or activity in

Alberta where the claim arose,

(

b) by being sent by ordinary or recorded mail, addressed to the

corporation, to the corporation's principal place of business

or activity in Alberta.

(7) A document may be served on a limited partnership

(

a) by being sent to or left with

(

i) a general partner who is an individual, or

(ii) an individual who appears to have management or

control responsibilities with respect to the limited

partnership at its principal place of business or activity

in Alberta, or at the limited partnership's place of

business or activity in Alberta where the claim arose,

(

b) by being sent by ordinary or recorded mail, addressed to the

limited partnership, to the limited partnership's principal

place of business or activity in Alberta.

(8) A document may be served on a partnership other than a limited

partnership

(

a) by being sent to or left with

(

i) a partner who is an individual, or

(ii) an individual who appears to have management or

control responsibilities with respect to the partnership at

its principal place of business or activity in Alberta, or

at the partnership's place of business or activity in

Alberta where the claim arose,

(

b) by being sent by ordinary or recorded mail, addressed to the

partnership, to the partnership's principal place of business or

activity in Alberta.

(9) A document may be served on an individual carrying on

business or operating or engaging in an activity under another name

(

a) by being sent to or left with

(

i) the individual, or

(ii) an individual who appears to have management or

control responsibilities with respect to the business,

operation or activity at its principal place of business,

operation or activity in Alberta, or at the individual's

place of business, operation or activity in Alberta where

the claim arose,

(

b) by being sent by ordinary or recorded mail, addressed to the

business or operating name, to the business, operation or

activity's principal place of business or activity in Alberta.

(10) A document may be served on a corporation carrying on

business or operating under a name other than its own

(

a) by being sent to or left with

(

i) an officer of the corporation who appears to have

management or control responsibilities with respect to

the corporation, or

(ii) an individual who appears to have management or

control responsibilities with respect to the corporation at

its principal place of business, operation or activity in

Alberta, or at the corporation's place of business,

operation or activity in Alberta where the claim arose,

(

b) by being sent by ordinary or recorded mail, addressed to the

business or operating name of the corporation, to the

corporation's principal place of business or operation in

Alberta.

(11) Service under this

Part is effected

(

a) if the document is left with an individual, on the date it is

left,

(

b) if the document is sent by recorded mail, in accordance with

section 35.06,

(

c) if the document is sent by fax or e-mail, when the sender of

the fax or e-mail receives confirmation of the successfully

completed transmission, and

(

d) if the document is sent by ordinary mail, in accordance with

section 23 of the

Interpretation Act.

(12) A document that is to be given to or served on an agency under

the Act or this Regulation may be given or served by personal

service on

(

a) an officer of the agency, or

(

b) a bailiff who acts on behalf of the agency.

(13) Unless a provision of the Act requires service or delivery of the

original or a certified copy of a document, it is sufficient to serve or

deliver a copy of the document.

Recorded mail service

35.06(1) A document, other than a document required to be served

personally, may be served on a person in Alberta by being sent by

recorded mail, addressed to the person at the address for service

provided by the person in the most recently filed document in respect

of a matter under the Act or this Regulation.

(2) Service is effected under this

section on the earlier of

(

a) the date acknowledgment of receipt is signed, or

(b) 7 days after the date on which the recorded mail is sent.

Personal service

35.07 The following documents must be served by personal

service as specified:

(

a) a notice of intention to sell under

section 70 of the Act, on

the enforcement creditor and every registered owner;

(

b) a garnishee summons under

section 35.26, if served by the

enforcement creditor on the enforcement debtor.

Part 1.2

Identification of Debtor

Identification of debtor

35.08(1) In this Part,

(a) "replying creditor" means an enforcement creditor;

(b) "requesting creditor" means a creditor whose debtor is or

may be a person against whom the replying creditor has a

writ, and includes a representative of the creditor;

(c) "written demand" means a written demand made under

subsection (2).

(2) A requesting creditor may, by a written demand served on a

replying creditor, inquire as to one or both of the following:

(

a) whether the replying creditor has a writ against the

requesting creditor's debtor;

(

b) the amount owing under the replying creditor's writ.

(3) In a written demand, the requesting creditor must set out

(

a) an address to which the reply to the written demand may be

made,

(

b) the nature of the inquiry being made under subsection (2),

and

(

c) if an inquiry is being made pursuant to subsection (2)(a),

(

i) the name of the requesting creditor's debtor, and

(ii) the occupation, address and date of birth of the

requesting creditor's debtor, where that information is

known to the requesting creditor.

(4) A written demand may be served on a replying creditor

(

a) at the most recent address shown for the replying creditor on

the registration of the replying creditor's writ registered in

the Personal Property Registry, or

(

b) in any other manner by which a document may be served

under this Regulation.

(5) Subject to subsection (7), a replying creditor must, within 15

days from the day of being served with a written demand, provide to

the requesting creditor a written reply,

(

a) in the case of an inquiry being made pursuant to subsection

(2)(a),

(

i) stating whether or not the requesting creditor's debtor is

the same person as the replying creditor's debtor, or

(ii) if the replying creditor does not know whether or not

the requesting creditor's debtor is the same person as

the replying creditor's debtor, stating that fact,

and

(

b) in the case of an inquiry being made pursuant to subsection

(2)(b), stating the amount that is owing under the replying

creditor's writ.

(6) A distributing authority may exercise all of the powers of a

requesting creditor under this

section in the same manner as if it

were a requesting creditor.

(7) If a replying creditor fails, without reasonable excuse, to comply

with a written demand, the requesting creditor, in addition to any

other remedy provided under the Act or this Regulation, may apply

to the court for an order requiring the replying creditor to comply

with the written demand.

(8) On an application made under subsection (7), the Court may

make an order requiring the replying creditor to comply with the

written demand, and may give any other order the Court considers

appropriate in the circumstances.

(9) An application referred to in subsection (7) may be made ex

parte unless the Court directs otherwise.

Part 1.3

Information Regarding

Enforcement Debtors

Debtor to provide information

35.09 For the purposes of determining the ability of an

enforcement debtor to satisfy the claims of enforcement creditors, an

enforcement creditor may require the enforcement debtor to provide

information in accordance with this Part.

Financial report of debtor

35.10(1) An enforcement creditor may, on written notice to an

enforcement debtor, require the enforcement debtor to provide to the

enforcement creditor a financial report of the enforcement debtor

verified by statutory declaration.

(2) Within 15 days from the day on which the enforcement debtor is

served with a notice under subsection (1), the enforcement debtor

must provide the enforcement debtor's financial report to the

enforcement creditor.

(3) Once an enforcement debtor has provided a financial report to an

enforcement creditor under subsection (2), no enforcement creditor

may, without an order of the Court, require the enforcement debtor

to provide another financial report under subsection (1) until one

year has expired from the day on which the enforcement debtor

provided the previous financial report.

(4) Where an enforcement creditor has been provided with a

financial report of an enforcement debtor under subsection (2), the

enforcement creditor must, within 15 days of being provided with

the financial report, register in the Personal Property Registry a

status report for the writ indicating that the enforcement debtor has

provided the enforcement creditor with the financial report.

(5) An enforcement creditor who has been provided with a financial

report of an enforcement debtor under subsection (2) must, on a

written request made by any other enforcement creditor of that

enforcement debtor and the tendering of a fee of $25, provide to that

other enforcement creditor a copy of that financial report.

Questioning of debtor

35.11(1) On service of a written notice on an enforcement debtor

by an enforcement creditor, the enforcement creditor may require the

enforcement debtor to attend for questioning under oath by the

enforcement creditor with respect to matters referred to in

section

35.12.

(2) A notice served on an enforcement debtor under subsection

(1) must be served on the enforcement debtor at least 5 days before the

day on which the enforcement debtor is required to attend for

questioning.

(3) Once an enforcement creditor has questioned an enforcement

debtor under subsection (1), that enforcement creditor may not,

without an order of the Court, again question that enforcement

debtor under subsection (1) until one year has elapsed from the day

of that previous questioning.

Matters subject to questioning

35.12(1) An enforcement debtor may be questioned on matters in

respect of the following:

(

a) the property and financial means that the enforcement debtor

had when the liability to which the judgment relates was

incurred or, if the judgment is for costs only, when the

proceedings were commenced;

(

b) the property and financial means that the enforcement debtor

presently has;

(

c) any disposal of property made by the enforcement debtor

since incurring the liability or, if the judgment is for costs

only, since the proceedings were commenced;

(

d) any matter relating to exemptions;

(

e) where the enforcement debtor is a corporation, the name and

address of, and any other pertinent information relating to,

any director or officer or any former director or officer of the

corporation.

(2) In addition to questioning an enforcement debtor in respect of

matters referred to in subsection (1), where an enforcement debtor

has provided a financial report under

section 35.10, the enforcement

creditor may, in conducting questioning under

section 35.11,

question the enforcement debtor respecting the financial report.

Questioning of employees

35.13 Where the enforcement debtor is not a corporation, an

enforcement creditor may, on an order of the Court, question under

oath any employee of the enforcement debtor with respect to any

matter about which the enforcement creditor may question the

enforcement debtor.

Questioning of directors, officers and employees of a corporation

35.14(1) Where the enforcement debtor is a corporation, an

enforcement creditor may, for the purposes of questioning the

enforcement debtor, question under oath any director or officer of

the corporation.

(2) On an order of the Court, an enforcement creditor may question

under oath

(

a) an employee of the corporation, or

(

b) a former director, officer or employee of the corporation

with respect to any matter about which the enforcement creditor may

question a director or officer of the corporation.

Questioning of transferee

35.15(1) Where an enforcement debtor has transferred exigible

property to another person

(

a) after the date when the liability or debt that was the subject of

the action was incurred, or

(

b) if the judgment is for costs only, after the date of the

commencement of the action,

the Court may by order direct that other person to attend before a

person named in the order and be questioned under oath.

(2) If the transferee referred to in subsection (1) is a corporation, the

enforcement creditor may, on an order of the Court, question any

present or former director, officer or employee of the corporation.

(3) A person questioned under this

section may be questioned in

respect of the following matters:

(

a) the property transferred;

(

b) the disposal of any property by the enforcement debtor after

the dates referred to in subsection (1);

(

c) any debts owing by the transferee to the enforcement debtor;

(

d) any other matter specified in the order.

Person in possession of exigible property

35.16(1) Where the Court is satisfied that there are reasonable

grounds for believing that another person is in possession of or has

control over exigible property of an enforcement debtor, the Court

may by order direct that other person to attend before a person

named in the order and be questioned under oath.

(2) If the other person in possession of the exigible property is a

corporation, the enforcement creditor may, on an order of the Court,

question any present or former director, officer or employee of the

corporation.

(3) A person questioned under this

section may be questioned in

respect of the following matters:

(

a) the exigible property that is in the possession or under the

control of the other person referred to in subsection (1);

(

b) the means by which the exigible property came into the

possession or under the control of the other person referred to

in subsection (1);

(

c) any other matter specified in the order.

Enforcement of duties

35.17 If a person who is required under this Part to provide a

financial report, submit to questioning or provide a copy of a

financial report fails to do so or fails to answer a question that may

properly be asked of that person, the Court may, on application, do

one or more of the following:

(

a) direct that the person comply with the requirements under

this Part or answer the question, as the case may be;

(

b) hold the person in civil contempt;

(

c) make any other order that the Court considers appropriate in

the circumstances.

Alberta Rules of Court apply

35.18 Unless a matter is otherwise provided for under this Part, the

provisions of

Part 5 of the Alberta Rules of Court apply, with any

necessary modification, to questioning under this Part.

Part 1.4

Garnishment

Definitions

35.19 In this Part,

(a) "amount of all relevant claims" means the total of

(

i) the amount outstanding on all related writs that are in

force against the debtor, and

(ii) where a garnishee summons is authorized by an

attachment order, the amount authorized to be attached

in respect of the prejudgment claimant's claim;

(b) "creditor" means an enforcement creditor or a prejudgment

claimant;

(c) "debtor" means an enforcement debtor or a defendant in

respect of whom an attachment order has been granted;

(d) "expiry date", with respect to a garnishee summons, means

the expiry date indicated in the garnishee summons or in the

latest renewal statement served on the garnishee in

accordance with

section 35.28;

(e) "prejudgment claimant" means a claimant who has obtained

an attachment order authorizing the clerk to issue a garnishee

summons before judgment.

Amounts outstanding

35.20 The amount outstanding at any relevant time

(

a) on a garnishee summons in respect of which no renewal

statement or adjustment notice has been served on the

garnishee is

(

i) the amount for which the garnishee summons was

issued

less

(ii) any amount paid by the garnishee to the clerk on

account of the garnishee summons,

(

b) on a garnishee summons in respect of which one or more

renewal statements or adjustment notices have been served

on the garnishee is

(

i) the amount of all relevant claims as set out in the latest

renewal statement or adjustment notice served on the

garnishee

less

(ii) any amount paid by the garnishee to the clerk after

service of the latest renewal statement or adjustment

notice.

Issuing of garnishee summons

35.21(1) A creditor may require the clerk to issue a garnishee

summons by

(

a) filing with the clerk an affidavit in support of the garnishee

summons, and either

(

i) in the case of a prejudgment claimant, a copy of the

attachment order authorizing the clerk to issue a

garnishee summons, or

(ii) where the creditor is the Workers' Compensation

Board, a certificate in the form set out in

Schedule C to

the Workers' Compensation Regulation (AR 325/2002),

and

(

b) providing the clerk with any other information that the clerk

requires in order to issue the garnishee summons.

(2) When the creditor has complied with this section, the clerk shall

issue a garnishee summons in Form 11 in

Schedule 4 for the amount

of all relevant claims.

(3) A garnishee summons is deemed to be issued against any current

obligation or future obligation of the type indicated in the garnishee

summons as being owed by the garnishee to the debtor.

Service

35.22(1) In order for a garnishee summons to attach to an

obligation, the garnishee summons must

(

a) be served in triplicate on the garnishee in accordance with

section 35.05, and

(

b) be accompanied by a garnishee's compensation fee in the

amount of $25.

(2) For the purposes of garnishment, an obligation is owed to the

debtor, even though it has been assigned, charged or encumbered by

the debtor, if the assignment, charge or encumbrance is fraudulent as

against the creditor.

(3) An obligation that is owed to an enforcement debtor by a

partnership carrying on business within Alberta may be attached if

the garnishee summons is served on the partnership within Alberta,

notwithstanding that one or more members of the partnership are

resident outside Alberta.

Duties of garnishee

35.23(1) This

section does not apply to a garnishee summons that

attaches employment earnings.

(2) Within 15 days from the day of being served with a garnishee

summons, a garnishee must do the following:

(

a) if able, serve a copy of the garnishee summons on the debtor

(

i) in accordance with

section 35.05, or

(ii) by mailing a copy of the garnishee summons to the

debtor by ordinary mail addressed to the current address

of the debtor, as shown on the records of the garnishee;

(

b) deliver to the clerk the garnishee's response referred to in

subsection (5);

(

c) pay to the clerk the lesser of

(

i) the amount outstanding on the garnishee summons, and

(ii) the amount payable to the debtor in respect of any

current obligation attached by the garnishee summons,

less the garnishee's compensation in the amount of $10.

(3) When a future obligation that has been attached by a garnishee

summons becomes payable, the garnishee must immediately

(

a) deliver to the clerk the garnishee's response setting out

(

i) the amount of the future obligation that is now payable,

and

(ii) the amount that is being paid by the garnishee to the

clerk on account of the garnishee summons,

and

(

b) pay to the clerk the lesser of

(

i) the amount outstanding on the garnishee summons, and

(ii) the amount of the future obligation that has become

payable to the debtor,

less the garnishee's compensation in the amount of $10.

(4) For the purpose of subsections (2)(

c) and (3)(b), the amount

payable by the garnishee to the clerk in respect of a joint entitlement

must, unless otherwise ordered by the Court, be calculated on the

assumption that an equal portion of the joint entitlement is payable to

each joint obligee.

(5) For the purposes of subsection (2)(b), the garnishee's response

must contain as much of the following as is applicable:

(

a) either

(

i) a certificate stating that the garnishee has delivered a

copy of the garnishee summons to the debtor, or

(ii) a statement setting out the reason why the garnishee has

been unable to deliver the garnishee summons to the

debtor;

(

b) the amount of any current obligation attached by the

garnishee summons;

(

c) the amount that is being paid by the garnishee to the clerk on

account of the garnishee summons;

(

d) where the garnishee summons has attached a future

obligation, the following, if known:

(

i) the date or dates on which the future obligation, or any

portion of it, is expected to become payable;

(ii) the amount that is expected to be payable on each date

referred to in subclause (i);

(iii) the nature of any contingencies that must be satisfied

before the future obligation will become payable;

(

e) where the garnishee summons has attached a joint

entitlement,

(

i) the name of each joint obligee other than the debtor, and

(ii) either

(

A) the address of each joint obligee other than the

debtor, or

(

B) in the case of circumstances referred to in

section

82(

c) of the Act, a certificate stating that the

garnishee has delivered a copy of the garnishee

summons to each joint obligee other than the

debtor;

(

f) if the garnishee disputes the existence of an attachable

obligation, the grounds for the dispute;

(

g) if the garnishee believes that an obligation against which the

garnishee summons has been issued is or may be owed to a

person other than the debtor,

(

i) the reasons for that belief, and

(ii) the name and address of that other person;

(

h) if another garnishee summons regarding the same obligation

has previously been served on the garnishee and is still in

effect,

(

i) a statement stating that another garnishee summons

regarding the same obligation is in effect, and

(ii) the expiry date of that other garnishee summons.

(6) A garnishee who disputes the existence of an attachable

obligation may pay the money to the clerk to be held by the clerk

pending the determination of the dispute.

Grace period

35.24(1) With respect to a garnishee summons, other than a

garnishee summons that attaches employment earnings, a garnishee

who pays an attached obligation to the debtor during the grace period

determined in accordance with subsection (2) does not incur any

liability under

section 84 of the Act if the garnishee establishes to the

satisfaction of the Court that

(

a) the garnishee attempted in good faith to identify the

obligation attached by the garnishee summons and to prevent

it from being paid to the enforcement debtor, and

(

b) either

(

i) the payment was not authorized, permitted or effected

by an officer, employee or agent of the garnishee who

had actual knowledge of the garnishment before the

payment was made, or

(ii) it was not reasonably possible in the circumstances to

prevent the payment from being made to the debtor.

(2) For the purposes of subsection (1), the grace period begins when

the garnishee summons is served on the garnishee and ends

(

a) at midnight on the day that the garnishee summons is served,

if the garnishee summons is served on the office, branch or

agent of the garnishee that is responsible for paying the

attached obligation, or

(

b) at midnight on the 7th day following the day that the

garnishee summons is served on the garnishee, if service of

the garnishee summons is effected otherwise than as stated

under clause (a).

Employment earnings

35.25(1) Unless the Court otherwise orders, a garnishee summons

does not attach a debtor's employment earnings that are ordinarily

payable at the end of the pay period during which the garnishee

summons is served unless the garnishee summons is served on the

garnishee

(

a) at least 5 days before the end of the pay period, in the case of

a pay period that is 10 days or less, and

(

b) at least 10 days before the end of the pay period, in the case

of a pay period that is more than 10 days.

(2) Subsection (1) does not apply to any amount that the garnishee

does in fact pay to the clerk under a garnishee summons.

(3) Within 15 days from the day of service of the garnishee

summons on a garnishee for the purpose of attaching employment

earnings, the garnishee must

(

a) if able, serve a copy of the garnishee summons on the debtor

(

i) in accordance with

section 35.05, or

(ii) by mailing a copy of the garnishee summons to the

debtor by ordinary mail addressed to the current address

of the debtor, as shown on the records of the garnishee,

and

(

b) deliver to the clerk a written response containing as much of

the following as is applicable:

(

i) a statement acknowledging or denying that the debtor is

employed by the garnishee;

(ii) a statement indicating the frequency with which the

debtor's employment earnings are paid to the debtor;

(iii) either

(

A) a certificate stating that the garnishee has delivered

a copy of the garnishee summons to the debtor, or

(

B) a statement setting out the reasons why the

garnishee has been unable to deliver the garnishee

summons to the debtor;

(iv) if another garnishee summons against the debtor's

employment earnings has previously been served on the

garnishee and is still in effect,

(

A) a statement stating that another garnishee

summons against the debtor's employment

earnings is in effect, and

(

B) the expiry date of that other garnishee summons.

(4) Within 5 days after the end of the debtor's last pay period in any

month during which a garnishee summons is in effect, the garnishee

must

(

a) pay to the clerk the amount of the debtor's employment

earnings for the month that are attached by the garnishee

summons, less the garnishee's compensation in the amount

of $10, and

(

b) deliver to the clerk the statement required under

section

81(1)(

c) of the Act.

(5) Notwithstanding subsection (4), where a debtor's employment

earnings are paid more frequently than monthly, the garnishee may

elect to comply with subsection (4) at the end of each pay period,

rather than at the end of the last pay period in each month.

(6) If a garnishee elects under subsection (5) to comply with

subsection (4) at the end of each pay period, the debtor's minimum

and maximum employment earnings exemption for each pay period

is determined by multiplying the monthly exemption by the number

of days in the pay period and dividing the product by 30.

(7) Section 78(

d) of the Act does not apply to a subsequent

garnishee summons where the garnishee summons that is already in

effect was issued pursuant to the Maintenance Enforcement Act.

Service by enforcement creditor

35.26(1) Instead of relying on a garnishee to serve a garnishee

summons on an enforcement debtor, an enforcement creditor may at

any time serve the garnishee summons on the enforcement debtor.

(2) If an enforcement creditor serves a garnishee summons on an

enforcement debtor,

(

a) that service of the garnishee summons has the same effect as

if the garnishee summons had been served on the

enforcement debtor by the garnishee, and

(

b) the enforcement creditor must complete the certificate

referred to in

section 35.23(5)(a)(i).

(3) Nothing in this

section shall be construed so as to remove from a

garnishee any obligation to serve the garnishee summons on the

enforcement debtor.

Money attached by prejudgment garnishee summons

35.27(1) The clerk shall pay out money that is paid into Court

pursuant to a prejudgment garnishee summons only as directed by

the Court or as provided by this section.

(2) Except as otherwise ordered by the Court, the money or the

portion of the money referred to in subsection (1) necessary to

satisfy any related writ that is in force against the debtor constitutes a

distributable fund for the purposes of

Part 11 of the Act when

(

a) the clerk is satisfied that there is a related writ in force

against the debtor, and

(

b) the period of time referred to in

section 35.30(1) has expired.

(3) Except as otherwise ordered by the Court, if

(

a) a discontinuance of the claimant's action has been filed or a

judgment dismissing the claimant's action has been entered

with the clerk, and

(

b) there are no related writs in force against the debtor,

the clerk must pay the money referred to in subsection (1) to the

debtor on the debtor's written request to do so.

Renewal

35.28(1) This

section applies to any garnishee summons except a

garnishee summons that has been issued against a deposit account or

joint account.

(2) At any time within 60 days before the expiry date of a garnishee

summons, the instructing creditor may require the clerk to issue a

renewal statement by providing to the clerk a completed renewal

statement in Form 12 in

Schedule 4 in respect of the garnishee

summons stating the amount outstanding on all related writs in force

against the debtor.

(3) When a renewal statement is served on the garnishee on or

before the expiry date of the expiring garnishee summons,

(

a) the garnishee summons is renewed for a period of one year

from its current expiry date, and

(

b) the garnishee must, within 15 days from the day of being

served with the renewal statement, update the status of any

contingency referred to in the garnishee's response delivered

to the clerk under

section 35.23(2)(b).

(4) A renewal statement is void if it is not served on the garnishee

on or before the expiry date of the expiring garnishee summons.

(5) There is no limit on the number of times that a garnishee

summons may be renewed.

(6) Notwithstanding

section 78(

d) of the Act, a subsequent

garnishee summons issued against a joint account is effective if

(

a) the garnishee summons already in effect did not attach any

amount owing, or

(

b) the subsequent garnishee summons issued against the joint

account is authorized by the Court.

Change in amount outstanding

35.29 When a garnishee summons is in effect, any creditor may

serve on the garnishee an adjustment notice setting out the amount of

all relevant claims.

Distribution of funds

35.30(1) Unless otherwise ordered by the Court, money paid into

Court pursuant to a garnishee summons shall not be distributed

under

Part 11 of the Act until 15 days from the day that the debtor is

served with the garnishee summons in accordance with

section

35.24, 35.25 or 35.26, as the case may be.

(2) The clerk is not required to make a distribution where the

distributable fund is less than $100.

(3) The clerk may deduct from the funds being distributed a

distribution fee in the amount set out in

Schedule B to the Alberta

Rules of Court.

Proposal to pay out

35.31 Where money has been paid into Court pursuant to a

garnishee summons, the clerk may provide to a person who is shown

in a Personal Property Registry search result as having a right or

interest in that money a notice setting out the manner in which the

clerk proposes to pay out that money.

11 The following is added before

section 40.1:

Amount owing

40.01 The amount owing at any time on a writ is the total of

(

a) the amount of the judgment in respect of which the writ was

issued,

(

b) the costs assessed as payable that are not included in the

amount of the judgment, and

(

c) interest owing in respect of the judgment and the costs

referred to in clause (b),

less the amounts, if any, paid to the judgment creditor on account of

the judgment.

Section 45(c)(ii) is amended by striking out "telecopier"

and substituting "fax".

Section 48 is amended by adding the following after

subsection (3):

(3.1) For the purposes of this section, except in subsection (3)(a),

notice may be provided by means of

(

a) personal service on the person to be served,

(

b) recorded mail addressed to the person to be served, or

(

c) leaving the document containing the notice with, or sending

it by recorded mail to an address described in subsection

(3.2) addressed to, the person to be served.

(3.2) The address for the purposes of subsection (3.1)(

c) is any of

the following:

(

a) the address of the place where the person to be served

resides;

(

b) if the person to be served carries on business at the address of

the secured land that is the subject of the action, that address;

(

c) if the address of the place where the person to be served

resides is not known to the person attempting service and if

the person to be served does not carry on business at the

address of the secured land that is the subject of the action,

(

i) the address of the person to be served shown on the

current title to the secured land, or

(ii) if the person to be served is named as a secured party in

a current registration of a security interest in the

Personal Property Registry, the address of that person as

shown in the registration;

(

d) in the case of an offeror or tenderer, the address of the offeror

or tenderer shown in the offer or tender for the secured

property.

(3.3) Service is effected under subsection (3.1)(c)

(

a) if the document is left at the address, on the date it is left, or

(

b) if the document is sent by recorded mail, on the earlier of

(

i) the date confirmation of receipt is signed, or

(ii) 7 days after the date on which the recorded mail is sent.

(3.4) For the purposes of subsection (3)(a), service of the notice of

intended sale must be provided by means of personal service or

recorded mail on the enforcement debtor.

14 The following is added after

section 48:

Service

48.1(1) For the purposes of this Part, except in

section 46(1)(b)(

i) and (ii), notice may be provided by means of

(

a) personal service on the person to be served,

(

b) recorded mail addressed to the person to be served, or

(

c) leaving the document containing the notice with, or sending

it by recorded mail to an address described in subsection

(2) addressed to, the person to be served.

(2) The address for the purposes of subsection (1)(

c) is any of the

following:

(

a) the address of the place where the person to be served

resides;

(

b) if the person to be served carries on business at the address of

the secured land that is the subject of the action, that address;

(

c) if the address of the place where the person to be served

resides is not known to the person attempting service and if

the person to be served does not carry on business at the

address of the secured land that is the subject of the action,

(

i) the address of the person to be served shown on the

current title to the secured land, or

(ii) if the person to be served is named as a secured party in

a current registration of a security interest in the

Personal Property Registry, the address of that person as

shown in the registration;

(

d) in the case of an offeror or tenderer, the address of the offeror

or tenderer shown in the offer or tender for the secured

property.

(3) Service is effected under subsection (1)(c)

(

a) if the document is left at the address, on the date it is left, or

(

b) if the document is sent by recorded mail, on the earlier of

(

i) the date confirmation of receipt is signed, or

(ii) 7 days after the date on which the recorded mail is sent.

(4) For the purposes of

section 46(1)(b)(

i) and (ii), notice must be

provided by means of personal service or recorded mail on the

enforcement debtor and every registered owner.

Schedule 4 is amended

(

a) by repealing Form 9 and substituting the following:

Form 9

Civil Enforcement Agency File Number

Bailiff's Report

CREDITOR

DEBTOR

I, Name of Bailiff , of the City/Town of , Alberta

report as follows:

(Describe in detail the action taken, including dates, times, addresses,

name(s), documents completed, persons served and with what

documents, where personal property was removed to, storage location

and cost, changes to the original instructions and any other factual

information that may be important to the instructing party or the civil

enforcement agency.)

Is there an Addendum attached? Yes ? No ?

If yes, ___ [number] Addendum pages attached. (Each page forms part

of this Report.)

I hereby certify that the information contained in this Report is true

and complete. I understand that any false information may lead to

charges under the Criminal Code (Canada) and could result in the

suspension or cancellation of my appointment as a bailiff.

Dated at , Alberta, on , 20 .

City/Town Date

Signature of Bailiff

________________________

Print Name of Instructing Party Print Name of Civil Enforcement Agency

________________________

Address Address

________________________

City/Town Province Postal Code City/Town Province Postal Code

Toll-Free Telephone Number Toll-Free Fax Number

(

b) by adding the following after Form 9.1:

Form 10

Clerk's Stamp Filed & Issued

Financing Statement Writ of Enforcement

Civil Enforcement Act

Court Location

Court File Number

Type of Judgment

Crown ? Employment Standards ? Other ?

This writ authorizes enforcement proceedings in accordance with the Civil

Enforcement Act. The particulars of the writ are as follows:

DEBTOR Individual ? ___Male Other ? Occupation

___Female Date of Birth (yyyy/mm/dd)

Business Name or Last Name First Name Middle Name

Address City Province Postal Code

CREDITOR Individual ? Other ? P.P.R. Party Code

Business Name or Last Name First Name Middle Name

Address City Province Postal Code

? Additional debtors and creditors and/or other information listed on attached

addendum.

? If claiming priority based on an attachment order or partial assignment,

indicate previous P.P.R. registration number:

Date of judgment (or date judgment effective, if different) (date)

Amount of original judgment $

Post-judgment interest $

Costs $

Current Amount Owing $

SOLICITOR/AGENT P.P.R. Party Code

Name in Full

Address City Province Postal Code

Area Code and Telephone Number Fax Number Call Box Number Your Reference Number

To register against Serial Number Goods at Personal Property Registry, complete

the following:

Serial Number (only applicable

to serial number goods, e.g.

motor vehicles)

Year

Make and Model

Category

Authorized Signature

Print Name

Control Number Page of

Form 10.1

Financing Statement Writ of Enforcement

Addendum

(If adding an alias, indicate Debtor's Block No. )

Court File Number

DEBTOR Individual ? ___Male Other ? Occupation

___Female Date of Birth (yyyy/mm/dd)

Business Name or Last Name First Name Middle Name

Address City Province Postal Code

(If adding an alias, indicate Debtor's Block No.: )

DEBTOR Individual ? ___Male Other ? Occupation

___Female Date of Birth (yyyy/mm/dd)

Business Name or Last Name First Name Middle Name

Address City Province Postal Code

CREDITOR Individual ? Other ? P.P.R. Party Code

Business Name or Last Name First Name Middle Name

Address City Province Postal Code

CREDITOR Individual ? Other ? P.P.R. Party Code

Business Name or Last Name First Name Middle Name

Address City Province Postal Code

? ADDITIONAL INFORMATION

Control Number Page of

Form 11

Clerk's Stamp Filed & Issued

QB Court File Number

Court of Queen's Bench of Alberta

Judicial Centre

CREDITOR

Address and Postal Code of Creditor

Creditor's Telephone/Fax Numbers

DEBTOR

Address and Postal Code of Debtor

Debtor's Telephone/Fax Numbers

GARNISHEE

Address and Postal Code of Garnishee

Garnishee's Telephone/Fax Numbers

FILED BY

Address and Postal Code of Filing Party

Filing Party's Telephone/Fax Numbers

Document Garnishee Summons

? before judgment ? after judgment

This Garnishee Summons is issued on

(date) for $ (total amount)

(The Creditor may adjust the amount by serving a Notice on the

Garnishee).

The creditor intends to garnish the debtor's

? employment earnings

? deposit accounts

? money owing from other sources

The judgment is for alimony or maintenance. ?

When employment earnings are garnished for alimony or maintenance,

Maintenance Enforcement Act employment exemptions apply. Refer

to the Maintenance Enforcement Regulation (AR 2/86) for more

information.

This summons expires 1. in the case of a deposit account, 60 days

from the date it was issued, unless it is a

joint account, in which case this is a

one-time obligation, and

2. in all other cases, one year from the date

it was issued, unless it has been renewed.

Supporting Affidavit

1. I am the Creditor or an agent/lawyer for the Creditor.

2. According to the Judgment or Attachment Order, a Writ of

Enforcement or Attachment Order has/has not been registered at

the Personal Property Registry.

3. I believe that the proposed Garnishee owes the Debtor money

now or will owe the Debtor money in the future.

4. The proposed Garnishee is in Alberta, or does business in Alberta

notwithstanding that its payroll office is outside Alberta.

Signature of Creditor or Agent/Lawyer

Occupation

Printed Name of Creditor or Agent/Lawyer

Sworn/Affirmed in (Town or City) , Alberta on

(Date) , 20 .

Commissioner for Oaths/Notary Public in and for the Province of

Alberta

Commissioner's Name and Commission's Expiry Date

(please print)

To the Clerk

The Creditor has a Judgment/Attachment Order against the Debtor,

and a Writ of Enforcement/Attachment Order has been registered at

Personal Property Registry

as (11-digit PPR Registration Number)

The amount specified in the Writ of

Enforcement/Attachment Order is $

of which the present balance owing is $

plus related writs (according to the

attached search results) $

plus probable costs $

Total $

Certificate of Service on the Debtor/Joint Obligee

I, (print name of person who served the Garnishee Summons)

am the ? Garnishee/Agent for the Garnishee

? Creditor/Agent for the Creditor

I certify that on (Date of service of Garnishee Summons)

I served (Name of Debtor/Joint Obligee who was served)

? personally

? by ordinary mail

with a true copy of the Garnishee Summons according to the Civil

Enforcement Act.

Note: Only the Garnishee may serve a Garnishee Summons on a

Debtor/Joint Obligee by ordinary mail unless otherwise ordered by the

Court.

Dated: , 20 .

Signature of person who served the summons

(If there is more than one Debtor/Joint Obligee, please complete an

additional Certificate of Service for each Debtor/Joint Obligee who

was served.)

Instructions for Garnishee

These instructions will help you to comply with the Garnishee

Summons. They are taken from the following pieces of legislation:

Civil Enforcement Act, RSA 2000 cC-15

Civil Enforcement Regulation (AR 276/95)

Make cheques payable to the Minister of Finance and Enterprise and

send, along with the required documents, to:

Future payments to the court clerk under this Garnishee Summons

should be accompanied by a copy of the first page of this Garnishee

Summons and an accounting.

Garnishee

summons

(which does not

attach

employment

earnings)

Within 15 days of being served with the garnishee

summons in triplicate with a $25 compensation

fee, you must do the following:

1. Serve a copy of the garnishee summons on

the debtor (personally or by ordinary mail).

2. Deliver to the court clerk a garnishee's

response. See below for what this must

contain.

3. Pay to the court clerk the lesser of

(

a) the amount indicated on the first page

of the garnishee summons, or

(

b) the amount payable by you to the

debtor according to your obligation to

the debtor,

minus $10 as a garnishee compensation.

Where the garnishee summons seeks to affect

a joint entitlement, you must pay to the court

clerk, unless a court orders otherwise, an

amount equal to the total amount of the fund

divided equally amongst all the people with

the joint entitlement. A garnishee summons

that seeks to attach a joint deposit account

only attaches a current obligation as defined

in the Civil Enforcement Act.

Garnishee

summons

(which does not

attach

employment

earnings)

continued

The garnishee's response must contain as much of

the following as is applicable:

1. (

a) a Certificate of Service on the Debtor

(found on the second page of this

document) stating that you have

delivered a copy of the garnishee

summons to the debtor, or

(

b) a statement setting out why you could

not serve the garnishee summons on the

debtor.

Note: Send the original certificate of

service to the court clerk.

2. The amount that you owe under your

obligation to the debtor.

3. The amount that you are paying to the court

clerk.

4. If you don't think that you have an obligation

to pay the debtor that can be affected by the

garnishee summons, please explain why.

5. If you believe that the obligation that the

garnishee summons is trying to affect is (or

may be) owed to someone other than the

debtor, give the reasons for your belief and

the name and address of that other person.

6. If you have already received another

garnishee summons regarding the same

obligation and that garnishee summons is still

in effect, let the court clerk's office know in

writing and give the court file number of the

other garnishee summons. The court file

number is on the front page of the garnishee

summons.

7. Where the garnishee summons seeks to affect

a joint entitlement, the garnishee's response

must contain the name of each person who

has the joint obligation with the debtor and

either

(

a) the address of each person who has the

joint obligation with the debtor, or

(

b) a completed certificate of service

(found on the second page of this

document) stating that you have served

a copy of this garnishee summons on

each person who has the joint

obligation with the debtor.

Note: If it is a joint account, it is a one-time

obligation.

8. Where the garnishee summons has attached a

future obligation, that is, there is an amount

that you must pay the debtor in the future, the

garnishee's response must contain the

following, if known:

(

a) the date or dates on which the future

obligation, or any part of it, is expected

to become payable;

(

b) the amount expected to be payable on

each date set out above;

(

c) any conditions that must be met before

the future obligation will become

payable.

When the future obligation becomes payable,

the garnishee's response must set out

(

a) the amount that is now payable, and

(

b) the amount that you are paying to the

court clerk.

Garnishee

summons

(which attaches

employment

earnings)

Within 15 days of being served with the garnishee

summons in triplicate with a $25 compensation

fee, you must do the following:

1. Serve a copy of the garnishee summons on

the debtor (personally or by ordinary mail).

2. Deliver to the court clerk a garnishee's

response. See below for what this must

contain.

3. Within 5 days after the end of the debtor's

last pay period for months affected by the

garnishee summons, pay to the court clerk

the debtor's net pay less

(

a) the debtor's employment earnings

exemption (see employment earnings

exemptions listed below), and

(b) $10 as a garnishee compensation.

Net pay means the debtor's total earnings minus

any amounts you are required to deduct for

income tax, Canada Pension Plan contributions

and employment insurance premiums. Any other

deductions are taken from the debtor's exemption.

The garnishee's response must contain as much of

the following as applicable:

1. Whether or not you employ the debtor.

2. How often you pay the debtor.

3. Either

(

a) a certificate of service on the debtor

(found on the second page of this

document) stating that you have

delivered a copy of the garnishee

summons to the debtor, or

(

b) a statement setting out why you could

not serve the garnishee summons on the

debtor.

Note: Send the original certificate of

service to the court clerk.

4. If you have already received another

garnishee summons against the debtor's

employment earnings and that garnishee

summons is still in effect, let the court clerk's

office know in writing and give the court file

number of the other garnishee summons. The

court file number is on the front page of the

garnishee summons.

At the end of the debtor's last pay period for each

month during which the garnishee summons is in

effect, you must deliver to the court clerk a

written statement setting out:

1. The debtor's total employment earnings for

the pay periods that ended during the month.

2. The amounts deducted from the total

earnings to calculate the debtor's net pay for

the month.

3. The number of the debtor's dependants.

Employment

earnings

exemptions

Calculate the debtor's monthly employment

earnings exemptions by adding together

(

a) the debtor's minimum exemption, and

(

b) half of the amount by which the

debtor's net pay exceeds this minimum

exemption.

For a debtor with no dependants, the minimum

employment earnings exemption is $800 and the

maximum is $2400. The minimum and maximum

employment earnings exemptions increase by

$200 for each dependant.

A dependant is:

1. A person identified as a dependant by Court

order.

2. The spouse or adult interdependent partner of

the debtor.

3. Any child of the debtor under 18 years of age

who lives with the debtor.

4. Any relative of the debtor (or of the debtor's

spouse/adult interdependent partner) who

lives with the debtor and, because of mental

or physical infirmity, depends financially on

the debtor.

You are entitled to rely on, and act in accordance

with, the debtor's written statement of the number

of dependants he or she has.

You can get a worksheet from the court clerk's

office to help you calculate the debtor's

employment earnings exemption.

When employment earnings are garnished for

alimony or maintenance, employment exemptions

under the Maintenance Enforcement Act apply.

Refer to the Maintenance Enforcement

Regulation (AR 2/86) for more information.

If you pay the debtor's salary/wage more often

than monthly, you can pay the court clerk at the

end of each pay period instead of at the end of

each month.

In this case, calculate the minimum and maximum

employment exemptions for each pay period as

follows:

1. Multiply the monthly exemption by the

number of days in the pay period.

2. Divide this number by 30.

Form 12

Clerk's Stamp Filed & Issued

QB Court File Number

Court of Queen's Bench of Alberta

Judicial Centre

CREDITOR

Address and Postal Code of Creditor

Creditor's Telephone/Fax Numbers

DEBTOR

Address and Postal Code of Debtor

Debtor's Telephone/Fax Numbers

GARNISHEE

Address and Postal Code of Garnishee

Garnishee's Telephone/Fax Numbers

FILED BY

Address and Postal Code of Filing Party

Filing Party's Telephone/Fax Numbers

Document Garnishee Summons Renewal Statement

TO THE ABOVE-NAMED GARNISHEE:

The Garnishee Summons in QB Court File number

issued on involving the above-noted parties expires on

. An Attachment Order/Writ of Enforcement has been

registered at the Personal Property Registry as Registration Number .

This Renewal Statement renews the Garnishee Summons for one

year from the date the expiring Garnishee Summons expires. The

updated amounts owing are as follows:

Balance owing is $

Plus related writs in effect against the

debtor (as per attached search results) $

Plus probable costs $

Total $

Any subsequent money paid into Court pursuant to this Garnishee

Summons Renewal Statement should be accompanied by an

accounting and a copy of the Garnishee Summons Renewal Statement.

Within 15 days of receiving this Garnishee Summons Renewal

Statement, you must update the status of any contingency referred to in

your response to the expiring Garnishee Summons.

Make cheques payable to The Minister of Finance and Enterprise

and send to the court clerk of the Court of Queen's Bench at: .

Form 13

Statutory Declaration

Financial Statement of Debtor

(Individual Debtor) File Number

In accordance with the Alberta Rules of Court, you must, within 15 days of

being served with this form, provide the completed form to the enforcement

creditor.

A. Debtor Information (Please Print)

Full Name Telephone Number

Aliases, Nicknames or Previous Names

of ,

Present Address: Street Address City Province Postal Code

solemnly declare that the contents of this document are true and accurate.

How long have you lived

at this address?

Day

Month

Year

Birthdate

Social

Insurance No.

B. Dependants

Present Marital

Status

? Single

? Married

? Other

Day

Month

Year

If Other, Specify

Name of Spouse or

Adult Interdependent

Partner

Birthdate of Spouse or

Adult Interdependent

Partner

Do you have any children living with ? ? If yes, provide the dependant's full name,

you who are legally dependent upon Yes No age and relationship to you.

you for financial support?

Full Name of Dependant

Age

Relationship to You

Do you have any other dependants ? ? If yes, provide the dependant's full name,

who are dependent on your financial Yes No address, age and relationship to you, and

support? the reason for the dependant's

dependency.

Full Name

Age

Relationship to You

Address

Reason for Dependency

Full Name

Age

Relationship to You

Address

Reason for Dependency

C. Employment

Full Name of Current Employer

Telephone No.

Fax No.

Present Address of Employer

City

Province

Postal Code

Nature of Business

Position Occupied

Place of Employment, if different

from employer's address

How frequently are

you paid?

If you are paid by the

hour, what is your

hourly wage?

If you are paid monthly, what is your

gross monthly wage or salary?

What is your net monthly wage or salary?

What deductions are made from your salary? Provide complete listing.

Are you qualified as a tradesman, professional or

otherwise?

Yes

If yes, state nature of qualifications or special training.

Do you receive bonuses from your

employer?

Yes

If yes, when did you

receive your last bonus?

On what basis are bonuses paid?

Do you expect to receive another ? ? If yes, when and for

bonus in the near future? Yes No how much?

Do you receive money in ? ?

the form of commission? Yes No

If yes, state type of work, amount of income received and the most recent

commission received.

Do you receive money from ? ?

any part-time employment? Yes No

If yes, give employer's name, full address and telephone number and the amount of

income.

Do you have any income- ? ?

producing hobbies? Yes No

If yes, state type of hobby and amount of income received per year.

List all other income not set out above (e.g. dividends, rental income, annuities,

pensions, etc.).

Have you received any ? ? Do you expect to receive ? ?

income tax refunds in the Yes No any income tax refunds Yes No

past year? in the near future?

If yes, when and for how much?

Are you a veteran? ? ?

Yes No

If yes, specify any veteran's benefits and allowances to which you are entitled.

What is the total income of your

dependants from all sources?

D. Income from Business or Self-Employment

If you are self-employed or your business is a proprietorship or partnership, list the

names, addresses and telephone numbers of any partners, principals or participants.

Name

Address

Telephone No.

Type of Business

Name of Business

Telephone No.

Business Location

Street Address

City

Province

Postal Code

Is this business a ? proprietorship ? partnership ? corporation

What percentage of the ? What is the net book ? What is the estimated market

business is owned by you? value of the business? value of the business? ?

Itemize your yearly income: salary, business, dividends and other.

Salary

Bonuses

Dividends

Other (automobile allowances, expenses, etc. Provide details.)

Itemize other benefits: company car, house, loans, saving plans, share purchase

options, etc.

If business is a corporation, complete the following:

Are you an officer or director? ? ? Title

Yes No

Total number of shares issued by the Total number of shares of each class

corporation and outstanding (describe held by you:

type and class of share):

Class

Number

Net Book Value

Class

Number

Net Book Value

Total amount of all loans payable to you

by the corporation:

Terms of repayment:

Amount

Interest earned (if any)

Attach a copy of most recent financial statement.

E. Monthly Expenses

List all of your monthly debt payments (loans, credit cards, personal debts, etc.),

specifying the following:

Type of Debt

To Whom Payable

Amount

Outstanding

Monthly

Payment

List other personal liabilities (personal guarantees, encumbrances and debts

specifically attached to personal property, etc.), specifying name and address of

creditor, and amount of liability.

Name of Creditor

Address of Creditor

Amount

List and give details regarding any other debts.

F. Assets

Real Estate

List all real estate (homes, rental properties, cottages, condominiums, etc.) both

within and outside the Province of Alberta in which you own an interest, including

municipal address, legal description, purchase price, balance owing and current

market value.

Municipal

Address

Legal

Description

Purchase

Price

Balance

Owing

Current

Market Value

List the name and address of any mortgagee for each property described above, as

well as the date the mortgage was granted and the amount outstanding on the

mortgage.

Name of

Mortgagee

Address of

Mortgagee

Date of Mortgage

Granted

Amount Outstanding

on Mortgage

Motor Vehicles

List all motor vehicles, including cars, trucks, farm machinery, construction

equipment, recreational vehicles, aircraft, etc. in which you own an interest.

Type - Make - Model - Year

Serial No.

Purchase Price

Current Market

Value

If any of the above vehicles are subject to any liens or encumbrances, specify:

Holder of Lien or Encumbrance

Date of Lien/

Encumbrance

Balance Owing on

Lien/Encumbrance

Bank Accounts, etc.

List all chequing and savings accounts, term deposits, RRSPs, annuities, etc.,

specifying the following:

Type of

Deposit

Name of

Institution

Account

No.

Branch

Address

Amount

Also, specify whether there are any conditions attached to redemption of the

accounts, and, if applicable, any expiry dates.

Conditions Attached to Redemption

Expiry Date, if Applicable

Shares and Securities

If you have holdings in a corporation, complete the following:

List all shares, options, warrants, etc., and their current market value.

Name of

Corporation

Type

Number

Current Market

Value

Dividends

Date

Payable

List all bonds and debentures held and their current market value.

Name of Issuer

Class or Series

Quantity Held

Total Market Value

List location of all certificates for all corporate holdings and the name(

s) and

address(es) of the respective broker(s).

Location of Security Certificates or Other

Evidence of Ownership of Securities

Name and Address of Broker(

s) Trust Properties

List all properties or interests held by a trustee on your behalf.

Description of Assets Held

Location of Assets

Name and Address of Trustee

Other Assets

List all other assets, specifying kind, value and location, and whether solely or

jointly owned.

Type of Asset

Description

Sole Owner

Location

Value

Yes

Interests in other

businesses

Promissory notes,

judgment debts

Loans and mortgages

receivable

Pension plans, registered

pension plans,

self-administered pension

plans, life insurance policies

(cash surrender value)

List all other assets, specifying kind, value and location, and whether solely or

jointly owned (e.g. art, jewellery, bullion, coins, cameras, household furniture and

appliances, stereos, TVs, computers, crystal, dishwashers, etc.).

Description of Asset

Sole Owner

Location

Value

Yes

G. Transfer of Property

Have you given away, sold, assigned or otherwise transferred any property (land,

buildings, vehicles, money, household furnishings, etc.) to anyone within the past

year? Specify details below.

Description of

Property

To Whom

Transferred

Date of

Transfer

How Much Money, if Any,

Was Recovered by You?

H. Insurance

List all insurance policies in which you are a named beneficiary, including the

insurance company granting the policy, the policy number, the amount, the person

insured, the premium and its cash surrender value.

Insurance

Company

Policy

No.

Amount

Person

Insured

Premium

Cash Surrender

Value

I. Parties Who Owe You Money

List all parties who owe you money.

Name

Address

Reason for Debt

Amount Owing

Status of Court

Action, if Any

J. Inheritances

List all estates in which you are the beneficiary of an inheritance.

Deceased's Name

Address

Value of Inheritance

K. Additional Income and Assets

List all income and assets not itemized above (e.g. legal action claims under

insurance policies, etc.).

And I make this solemn declaration conscientiously believing it to be true and

knowing that it is of the same force and effect as if made under oath.

DECLARED BEFORE ME at

Alberta, on ,

A Commissioner for Oaths/Notary Public

in and for the Province of Alberta

Print Name and Expiry Date

Form 14

Statutory Declaration

Financial Statement of Debtor

(Corporate Debtor) File Number

In accordance with the Alberta Rules of Court, the Corporation must, within 15

days of being served with this form, provide the completed form to the

enforcement creditor.

A. Debtor Information (Please Print)

Full Name of Deponent

of ,

Address of Deponent Telephone Number of Deponent

am the of

Position with Corporate Debtor Name of Corporate Debtor

Address of Corporate Debtor Telephone Number of Corporate Debtor

and I solemnly declare that the contents of this document are true and accurate.

B. Assets

Real Estate

List all real estate (homes, rental properties, cottages, condominiums, etc.) both

within and outside the Province of Alberta in which the corporation owns an

interest, including municipal address, legal description, purchase price, balance

owing and current market value.

Municipal

Address

Legal

Description

Purchase

Price

Balance

Owing

Current

Market

Value

List the name and address of any mortgagee for each property described above, as

well as the date the mortgage was granted and the amount outstanding on the

mortgage.

Name of

Mortgagee

Address of

Mortgagee

Date of Mortgage

Granted

Amount Outstanding

on Mortgage

Motor Vehicles

List all motor vehicles, including cars, trucks, farm machinery, construction

equipment, recreational vehicles, aircraft, etc. in which the Corporation owns an

interest.

Type - Make - Model - Year

Serial No.

Purchase

Price

Current Market

Value

If any of the above vehicles are subject to any liens or encumbrance, specify.

Holder of Lien or

Encumbrance

Date of Lien or

Encumbrance

Balance Owing on

Lien or Encumbrance

List all fixtures, equipment and inventory.

Type - Make - Model -

Year

Serial

Number, if

Applicable

Purchase

Price

Current Market

Value

Bank Accounts

List all deposit accounts, term deposits, annuities, etc., specifying the following:

Type of

Deposit

Name of

Institution

Account

No.

Branch

Address

Amount

Also, specify whether there are any conditions attached to redemption of the

account, and, if applicable, any expiry dates.

Conditions Attached to Redemption

Expiry Date, if Applicable

Receivables and Ongoing Contracts

List all receivables and ongoing contracts.

Name

Address

Amount Owing

Shares and Securities

If the corporation has holdings in a corporation, complete the following:

List all shares, options, warrants, etc., and their current market value.

Name of

Corporation

Type

Number

Current

Market

Value

Dividends

Payable (if

any)

Date

Payable

List all bonds and debentures held and their current market value.

Name of Issuer

Class or Series

Quantity Held

Total Market Value

List location of all certificates for all corporate holdings and their respective name(

s) and address(es).

Location of Security Certificates or Other Evidence

of Ownership of Securities

Name and Address of

Broker(

s) Trust Properties

List all properties or interests held by a Trustee on the Corporation's behalf.

Description of Assets Held

Location of Assets

Name and Address of

Trustee

Other Assets

List all other assets, specifying kind, value and location, and whether solely or

jointly owned.

Type of Asset

Description

Sole Owner

Location

Value

Yes

Interest in other

businesses

Promissory notes,

judgment debts

Loans and mortgages

receivable

List all other assets, specifying kind, value and location, and whether solely or

jointly owned (e.g. art, jewellery, bullion).

Description of Asset

Sole Owner

Location

Value

Yes

C. Transfer of Property

Has the corporation given away, sold, assigned or otherwise transferred any

property (land, buildings, vehicles, money, equipment, inventory, etc.) outside the

ordinary course of business within the past year? Specify details below.

Description of

Property

To Whom

Transferred

Date of

Transfer

How Much Money, if Any,

Was Recovered By the

Corporation?

D. Insurance

List all insurance policies in which the corporation is named beneficiary, including

the insurance company granting the policy, the policy number, the amount, the

person insured, the premium and its cash surrender value.

Insurance

Company

Policy

No.

Amount

Person

Insured

Premium

Cash Surrender

Value

E. Additional Income and Assets

List all income and assets not itemized above (legal action claims under insurance

policies, etc.).

And I make this solemn declaration conscientiously believing it to be true and

knowing that it is of the same force and effect as if made under oath.

DECLARED BEFORE ME at

Alberta, on ,

A Commissioner for Oaths/Notary Public

in and for the Province of Alberta

Print Name and Expiry Date

16 This Regulation comes into force on November 1, 2010.

Alberta Regulation 117/2010

Court of Queen's Bench Act

JUDICIAL DISTRICTS REGULATION

Filed: July 14, 2010

For information only: Made by the Lieutenant Governor in Council (O.C. 258/2010)

on July 14, 2010 pursuant to

section 23 of the Court of Queen's Bench Act.

Establishment of judicial districts

1(1) The judicial districts of Alberta are established as follows, with

the respective boundaries set out in

Schedule 1 and as shown on the

map set out in

Schedule 2:

(

a) Judicial District of Calgary;

(

b) Judicial District of Drumheller/Hanna;

(

c) Judicial District of Edmonton;

(

d) Judicial District of Fort McMurray;

(

e) Judicial District of Grande Prairie;

(

f) Judicial District of Lethbridge/Macleod;

(

g) Judicial District of Medicine Hat;

(

h) Judicial District of Peace River;

(

i) Judicial District of Red Deer;

(

j) Judicial District of St. Paul;

(

k) Judicial District of Wetaskiwin.

(2) If any discrepancy exists between the description of the lands in

Schedule 1 and the location of the lands shown on the map in

Schedule

2, the description prevails.

Coming into force

2 This Regulation comes into force on November 1, 2010.

Schedule 1

Judicial District Boundaries

Judicial District of Calgary

The boundary of the Judicial District of Calgary is as follows:

Commencing at the intersection of the north boundary of township 34

and the east boundary of range 26, west of the 4th meridian; thence

southerly along the east boundary of range 26 and its southerly

production across the intervening correction line, west of the 4th

meridian to the north boundary of township 29; thence easterly along

said north boundary to the east boundary of range 25, west of the 4th

meridian; thence southerly along said east boundary and its southerly

production across the intervening correction line to the north boundary

of township 24; thence easterly along the said north boundary to the

east boundary of range 23, west of the 4th meridian; thence southerly

along the said east boundary to the north boundary of township 23;

thence easterly along the said north boundary to the east boundary of

range 19, west of the 4th meridian; thence southerly along the said east

boundary and its southerly production across the intervening correction

line to its intersection with the left bank of the Bow River; thence

downstream along the said left bank to its intersection with the north

boundary of township 17; thence westerly along the said north

boundary to the east boundary of range 26, west of the 4th meridian;

thence southerly along the said east boundary to the north boundary of

township 16; thence westerly along the said north boundary to the west

boundary of the Province; thence in a general north-westerly direction

along the said west boundary to its intersection with the north

boundary of township 34; thence easterly along the said north

boundary to the point of commencement.

Judicial District of Drumheller/Hanna

The boundary of the Judicial District of Drumheller/Hanna is as

follows: Commencing at the intersection of the north boundary of

township 33 with the east boundary of the Province; thence southerly

along said east boundary to its intersection with the right bank of the

Red Deer River; thence upstream along said right bank to its

intersection with the north boundary of township 23, range 14, west of

the 4th meridian; thence westerly along said north boundary to the east

boundary of range 23, west of the 4th meridian; thence northerly along

said east boundary to the north boundary of township 24; thence

westerly along said north boundary to the east boundary of range 25,

west of the 4th meridian; thence northerly along said east boundary

and its southerly production across the intervening correction line to

the north boundary of township 29; thence westerly along said north

boundary to the east boundary of range 26, west of the 4th meridian;

thence northerly along said east boundary of range 26 and its southerly

production across the intervening correction line to the north boundary

of township 34; thence easterly along said north boundary to the east

boundary of range 14, west of the 4th meridian; thence southerly along

said east boundary to the north boundary of township 33; thence

easterly along said north boundary to the point of commencement.

Judicial District of Edmonton

The boundary of the Judicial District of Edmonton is as follows:

Commencing at the intersection of the north boundary of township 76

and the east boundary of range 19, west of the 4th meridian; thence

southerly along the east boundary of range 19 and its southerly

production across each intervening correction line to the right bank of

the North Saskatchewan River; thence downstream along the said right

bank to the east boundary of range 14, west of the 4th meridian; thence

southerly along the said east boundary and its southerly production

across the intervening correction line to the north boundary of

township 53; thence easterly along the said north boundary to the east

boundary of range 12, west of the 4th meridian; thence southerly along

the said east boundary and its southerly production across each

intervening correction line to the north boundary of township 45;

thence westerly along the said north boundary to the east boundary of

range 13, west of the 4th meridian; thence northerly along the said east

boundary to the north boundary of township 46; thence westerly along

the said north boundary to the east boundary of range 16, west of the

4th meridian; thence northerly along the said east boundary to the

north boundary of township 48; thence westerly along the said north

boundary to the east boundary of range 18, west of the 4th meridian;

thence northerly along the said east boundary to the north boundary of

township 49; thence westerly along the said north boundary to the east

boundary of range 20, west of the 4th meridian; thence northerly along

the said east boundary to the north boundary of township 50; thence

westerly along the said north boundary to its intersection with the most

easterly right bank of the North Saskatchewan River in range 26, west

of the 4th meridian; thence upstream along the said right bank to its

intersection with the north boundary of township 44; thence westerly

along the said north boundary to the west boundary of the Province;

thence in a general north-westerly and northerly direction along the

said west boundary to the north boundary of township 58; thence

easterly along the said north boundary to its intersection with the right

bank of the Smoky River; thence downstream along the said right bank

to its intersection with the north boundary of township 64; thence

easterly along the said north boundary to its intersection with the most

westerly right bank of the Little Smoky River; thence downstream

along the said right bank to its most easterly intersection with the north

boundary of township 68; thence easterly along the said north

boundary to the east boundary of range 3, west of the 5th meridian;

thence northerly along the said east boundary to the north boundary of

township 70; thence easterly along the said north boundary to its

intersection with the left bank of the Athabasca River; thence

downstream along the said left bank to its intersection with the east

boundary of range 25, west of the 4th meridian; thence northerly along

the said boundary and its southerly production across the intervening

correction line to the north boundary of township 76; thence easterly

along the said north boundary to the point of commencement.

Judicial District of Fort McMurray

The boundary of the Judicial District of Fort McMurray is as follows:

Commencing at the northeast corner of the Province; thence southerly

along the east boundary of the Province to its intersection with the

north boundary of township 76; thence westerly along the north

boundary of township 76 to the east boundary of range 21, west of the

4th meridian; thence northerly along the said east boundary and its

southerly production across each intervening correction line to the

north boundary of township 92; thence westerly along the said north

boundary to the 5th meridian; thence northerly along the said 5th

meridian to the north boundary of the Province; thence easterly along

the said north boundary to the point of commencement.

Judicial District of Grande Prairie

The boundary of the Judicial District of Grande Prairie is as follows:

Commencing at the intersection of the west boundary of the Province

with the right bank of the Peace River; thence downstream along the

said right bank to its intersection with the north boundary of township

80 in range 25, west of the 5th meridian; thence easterly along the

north boundary of township 80 to its intersection with the right bank of

the Smoky River; thence upstream along the said right bank to its

intersection with the right bank of the Little Smoky River; thence

upstream along the said right bank to its most westerly intersection

with the north boundary of township 64; thence westerly along the said

north boundary to its intersection with the right bank of the Smoky

River; thence upstream along the said right bank to its intersection with

the north boundary of township 58; thence westerly along the said

north boundary to its intersection with the west boundary of the

Province; thence northerly along the said west boundary to