Alberta Gazette — 30 October 2010 (Part II)
30 October 2010
Alberta — Gazette
Alberta Regulation 156/2010
Oil and Gas Conservation Act
OIL AND GAS CONSERVATION AMENDMENT REGULATION
Filed: October 1, 2010
For information only: Made by the Energy Resources Conservation Board on
September 20, 2010 pursuant to
section 10(1)(mm) of the Oil and Gas Conservation
Act.
1 The Oil and Gas Conservation Regulations (AR 151/71)
are amended by this Regulation.
Section 12.150(4) is amended by striking out "dipmeter
survey,".
--------------------------------
Alberta Regulation 157/2010
Wildlife Act
WILDLIFE (2010 HUNTING SEASON NO. 2) AMENDMENT REGULATION
Filed: October 12, 2010
For information only: Made by the Minister of Sustainable Resource Development
(M.O. 35/2010) on October 1, 2010 pursuant to sections 23 and 103(1) of the Wildlife
Act.
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
2 Table 2 of
Schedule 15 is amended
(
a) in each row for SEASON GROUPS # G2, G5 and G6
under "ELK" and "Antlerless" by striking out
"S17-N301" and substituting "S17-D201";
(
b) in the row for SEASON GROUP # G39 under "ELK"
and "Antlerless" by striking out "S17-D201" and
substituting "S17-J201";
(
c) in each row for SEASON GROUPS # G69 and G72
under "ELK" and "Antlerless" by striking out
"O25-D201" and substituting "N1-D201".
--------------------------------
Alberta Regulation 158/2010
Municipal Government Act
ELECTRIC ENERGY GENERATION EXEMPTION REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 343/2010)
on October 14, 2010 pursuant to
section 603 of the Municipal Government Act.
Electric power systems exempt from taxation
1 Notwithstanding sections 358, 359.1(4) and 359.2(4) of the Act, the
Minister may in respect of a taxation year, to any extent the Minister
considers appropriate, exempt electric power systems intended for or
used in the generation of electricity from taxation for the purpose of
raising revenue needed to pay the requisitions referred to in
section
326(a)(ii) and (iii) of the Act.
Repeal
2 The Electric Energy Generation Exemption Regulation
(AR 211/2008) is repealed.
Expiry
3 This Regulation is made under
section 603(1) of the Act and is
subject to repeal under
section 603(2) of the Act.
Coming into force
4 This Regulation comes into force on January 1, 2011.
Alberta Regulation 159/2010
Municipal Government Act
EXTENSION OF LINEAR PROPERTY REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 344/2010)
on October 14, 2010 pursuant to
section 603 of the Municipal Government Act.
Linear property includes electric power system
1 Notwithstanding
section 284(1)(k)(
i) of the Act, linear property is
to be construed as including an electric power system intended for or
used in the generation of electricity owned or operated by a person
whose rates are not controlled or set by the Alberta Utilities
Commission or by a municipality or under the Small Power Research
and Development Act, but not including, unless the Minister otherwise
directs,
(
a) an electric power system that is owned or operated by a
person generating or proposing to generate electricity solely
for the person's own use, or
(
b) a micro-generation generating unit as defined in the
Micro-Generation Regulation (AR 27/2008).
Repeal
2 The Extension of Linear Property Regulation (AR 212/2008) is
repealed.
Expiry
3 This Regulation is made under
section 603(1) of the Act and is
subject to repeal under
section 603(2) of the Act.
Coming into force
4 This Regulation comes into force on January 1, 2011.
Alberta Regulation 160/2010
Municipal Government Act
NEW WATER LTD. REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 345/2010)
on October 14, 2010 pursuant to
section 603 of the Municipal Government Act.
Table of Contents
Definitions
2 Application of Act
3 Exemption from Public Utilities Act
4 Dispute resolution
5 Provision of extra-provincial services
6 Expiry
Definitions
1 In this Regulation,
(a) "Act" means the Municipal Government Act;
(b) "municipal authority" means a municipal authority as defined
section 1(1)(
p) of the Act and includes an Indian reserve;
(c) "public utility" means a system or works used to provide the
following for public consumption, benefit, convenience or
use:
(
i) water;
(ii) sewage disposal;
(iii) solid waste management.
Application of Act
2(1) Subject to subsection (2), sections 43 to 47 of the Act apply in
respect of a utility service provided by NEW water Ltd.
(2) Section 45(3)(
b) of the Act does not apply in respect of a public
utility owned or operated by NEW water Ltd.
Exemption from Public Utilities Act
Part 2 of the Public Utilities Act does not apply in respect of a
public utility that
(
a) is owned or operated by NEW water Ltd., and
(
b) provides a utility service within the boundaries of a
municipal authority that is a shareholder of NEW water Ltd.
Dispute resolution
4 If there is a dispute between a regional services commission and
NEW water Ltd. with respect to
(
a) rates, tolls or charges for a service that is a public utility,
(
b) compensation for the acquisition by the commission of
facilities used to provide a service that is a public utility, or
(
c) the commission's use of any road, square, bridge, subway or
watercourse to provide a service that is a public utility,
any party involved in the dispute may submit it to the Alberta Utilities
Commission, and the Alberta Utilities Commission may issue an order
considers appropriate.
Provision of extra-provincial services
5 NEW water Ltd. shall not provide any utility services outside of
Alberta without the prior written approval of the Minister.
Expiry
6 This Regulation is made under
section 603(1) of the Act and is
subject to repeal under
section 603(2) of the Act.
--------------------------------
Alberta Regulation 161/2010
Public Lands Act
DISPOSITIONS AND FEES AMENDMENT REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 348/2010)
on October 14, 2010 pursuant to sections 8 and 9 of the Public Lands Act.
1 The Dispositions and Fees Regulation (AR 54/2000) is
amended by this Regulation.
Section 127 is amended by striking out "November 30,
2010" and substituting "March 31, 2011".
--------------------------------
Alberta Regulation 162/2010
Mines and Minerals Act
MINERAL RIGHTS COMPENSATION AMENDMENT REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 349/2010)
on October 14, 2010 pursuant to
section 5 of the Mines and Minerals Act.
1 The Mineral Rights Compensation Regulation
(AR 317/2003) is amended by this Regulation.
Section 14 is amended by striking out "November 30, 2010"
and substituting "April 30, 2013".
--------------------------------
Alberta Regulation 163/2010
Judicature Act
ALBERTA RULES OF COURT AMENDMENT REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 353/2010)
on October 14, 2010 pursuant to
section 28.1 of the Judicature Act.
1 The Alberta Rules of Court (AR 124/2010) are amended
by this Regulation.
2 Rule 3.62(1) is repealed and the following is substituted:
Amending pleading
3.62(1) A party may amend the party's pleading, including an
amendment to add, remove, substitute or correct the name of a party,
as follows:
(
a) before pleadings close, any number of times without the
Court's permission;
(
b) after pleadings close,
(
i) for the addition, removal, substitution or correction of
the name of a party, with the Court's prior permission in
accordance with rule 3.74, or
(ii) for any other amendment, with the Court's prior
permission in accordance with rule 3.65;
(
c) despite clauses (
a) and (b), whether or not pleadings have
closed, with the agreement of the parties filed with the Court.
3 Rule 6.32 is amended by striking out "notice of it, in Form
32," and substituting "a copy of it".
4 Rule 8.7(2) is amended by striking out "clerk".
5 Rule 10.27(2) is repealed and the following is
substituted:
(2) If the amount of lawyer's charges payable pursuant to the
decision of the review officer has been paid and, after payment, is
reduced on appeal, the lawyer may be ordered to return the excess
and, if the lawyer fails to do so, the lawyer, in addition to being
liable for that amount, may be found guilty of a civil contempt.
6 Rule 10.45(2) is repealed and the following is
substituted:
(2) If the amount of costs payable as originally assessed by the
assessment officer has been paid and, after payment, is reduced on
appeal, the judge hearing the appeal may order the return of the
excess by the party who has received it and the order may be
enforced as an order of the Court.
7 Rule 11.3(2) is amended by striking out "must comply with
rule 11.25" and substituting "must comply with rule 11.26".
8 Rule 11.21(1) is amended by adding "by electronic method"
after "may be served".
9 Rules 13.19(1)(
b) is amended by striking out "people" and
substituting "person".
10 Rule 13.26 is amended
(
a) in subrule (1) by adding "in a hearing or trial" after
"court clerk";
(
b) in subrule (2) by striking out "in an action, application
or proceeding" and substituting "in the hearing or trial".
Schedule A, Division 1 is amended
(
a) in Form 26 by repealing
Schedule 2 and
substituting the following:
Schedule 2
Relevant and material records under my/the Plaintiff's(s')/the
Defendant's(s') control for which there is an objection to
produce:
(
a) without prejudice communications:
(
b) communications and copies of communications between
solicitor and client:
(
c) solicitors' work product, including all interoffice
memoranda, correspondence, notes, memoranda and other
records prepared by the solicitors or their assistants:
(
d) records made or created for the dominant purpose of
litigation, existing or anticipated:
(
e) other: (provide particulars of objection relied on)
(
f) records that fall into 2 or more of the categories described
above:
(
b) in Form 32 in the heading by striking out "NOTICE
OF";
(
c) by repealing Form 42 and substituting the
following:
Form 42
[Rule 10.13]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
CLIENT(S) (Indicate if Applicant)
LAWYER(S) (Indicate if Applicant)
DOCUMENT APPOINTMENT FOR REVIEW OF
RETAINER AGREEMENT/LAWYER'S
CHARGES
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO RESPONDENT(
S) You have the right to state your side of this matter before the
review officer.
To do so, you must be present when this matter is heard by the
review officer as shown below:
Date ___________________
Time ___________________
Where ___________________
Go to the end of this document to see what else you can do and
when you must do it.
Purpose of this appointment
The purpose of this appointment is to determine the reasonableness
of the retainer agreement/lawyer's charges reflected in:
? the retainer agreement(
s) that is (are) attached.
? all retainer agreements between the client(
s) and the
lawyer/law firm, which are to be provided by the
lawyer/law firm to the review officer under rule
10.14(1) and (2).
? the lawyer's account(
s) that is (are) attached.
? all lawyer's accounts between the client(
s) and the
lawyer/law firm, which are to be provided by the
lawyer/law firm to the review officer under rule
10.14(1) and (2).
WARNING
If you do not attend this appointment either in person or by your
lawyer, the review officer may give the party who requested this
appointment what they want in your absence. You will be
bound by the review officer's decision. If you want to take
part
in this appointment, you or your lawyer must attend before the
review officer on the date and at the time as shown at the
beginning of this form.
If you are a lawyer responding to this appointment pertaining to
your charges or retainer agreement, you must file a copy of the
signed account in respect of which the client seeks a review and
any retainer agreement, whether or not you intend to rely on
them at the appointment. This must be done 5 days or more
before the date of the appointment for review or any other
period specified by the review officer, and if you do not comply
with this rule, you forfeit your right to payment of the charges in
the account that are the subject of review, unless the review
officer otherwise directs.
(
d) by repealing Form 45 and substituting the
following:
Form 45
[Rule 10.37]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(S) (Indicate if Applicant)
DEFENDANT(S) (Indicate if Applicant)
DOCUMENT APPOINTMENT FOR
ASSESSMENT OF COSTS
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO RESPONDENT(
S) You have the right to state your side of this matter before the
assessment officer.
To do so, you must be present when this matter is heard by the
assessment officer as shown below:
Date ___________________
Time ___________________
Where ___________________
Go to the end of this document to see what else you can do and
when you must do it.
Purpose of this appointment
The purpose of this appointment is for an assessment of costs set
out in:
? the bill of costs that is attached.
? the bill of costs that has been requested by the party
filing this appointment.
WARNING
If you do not attend this appointment either in person or by your
lawyer, the assessment officer may give the party who took out
this appointment what the party wants in your absence. You
will be bound by the assessment officer's decision. If you want
to take
part in this appointment, you or your lawyer must attend
before the assessment officer on the date and at the time as
shown at the beginning of this form.
If you have been requested by this appointment to prepare a
proposed bill of costs, you must do so as soon as practical and
file it and serve it on each of the other parties 10 days or more
before the appointment for assessment.
(
e) in Form 46 by striking out "an order of".
Schedule A, Division 2 is amended
(
a) by repealing Form FL-15 and substituting the
following:
Form FL-15
[Rule 12.38(2)]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT NOTICE TO PRODUCE AN
AFFIDAVIT OF RECORDS
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO: [Name of party to be served with this notice]
You are required, within three (3) months of service of this
notice on you or your solicitor, to provide an Affidavit of Records
disclosing all records relevant and material to the issues in this
action, and you are to produce the records during any oral
questioning and at the trial of this action.
The Affidavit of Records must comply with
Part 5, Division 1,
Subdivision 2 of the Alberta Rules of Court.
WARNING
If you do not provide an Affidavit of Records within the
3-month period required by this notice, you risk having a
penalty imposed on you or an order or sanction being imposed
against you by the Court.
(
b) in
Schedule A of Form FL-17 under the heading "B.
ASSETS" by adding "cash," after "savings and chequing
accounts,";
(
c) in Form FL-23 by adding the following after "PARTY
FILING THIS DOCUMENT":
AFFIDAVIT of _____________________________
SWORN (OR AFFIRMED) on _____________, 20____
(
d) in Form FL-24 by adding the following after
"CONTACT INFORMATION OF HUSBAND":
AFFIDAVIT of _____________________________
SWORN (OR AFFIRMED) on _____________, 20____
(
e) in the following forms by striking out "attach financial
statements" and substituting "attach financial
documents":
FL-67 to FL-72
Schedule B, Division 1 is amended in item 6 by striking
out "or appointment for an assessment of costs by an assessment
officer".
14 This Regulation comes into force on November 1, 2010.
--------------------------------
Alberta Regulation 164/2010
Rules of Court Statutes Amendment Act, 2009
RULES OF COURT (CONSEQUENTIAL AMENDMENTS) REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 354/2010)
on October 14, 2010 pursuant to
section 8 of the Rules of Court Statutes Amendment
Act, 2009.
1 The Adoption Regulation (AR 187/2004) is amended
(
a) in
section 20 by striking out "petition" and
substituting "application";
(
b) in
section 21(1)(b)(ix) by striking out "a petition" and
substituting "an application";
(
c) in
section 23(1)(
k) by striking out "a petition" and
substituting "an application".
2 The Adult Adoption Regulation (AR 246/98) is amended
(
a) in
section 2
(
i) by striking out "the petitioner" and substituting
"the applicant";
(ii) in clause (
a) by striking out "the filed petition"
and substituting "the filed application";
(iii) in clause (
b) by striking out "Clerk of the Court"
and substituting "court clerk of the Court of Queen's
Bench";
(
b) by repealing the
Schedule and substituting the
following:
Schedule
Form 1
Application
In the Court of Queen's Bench of Alberta
Judicial Centre of
IN THE MATTER OF THE
ADULT ADOPTION ACT,
and in the matter of the application by
for the adoption of
born the day of , (year)
Birth Registration Number
1 Regarding the application by (name(
s) of applicant(s))
(address)
for an adoption order regarding (name of person to be
adopted, as on birth document), born y/m/d. Birth
Registration Number:
2 Application
By making this application, I/we state:
? that I am/we are adults who want to adopt this person.
? that to support my/our application, I/we have enclosed
my/our affidavit(
s) and the other information required
by the Adult Adoption Act.
3 Signature(s)
(signature of applicant) year / month / day
(signature of applicant) year / month / day
To:
Take notice that an application for the adoption of
will be presented before the presiding Justice in Chambers at
in the City of ,
Province of Alberta, on
the day of
at the hour of in the
noon, or soon thereafter, for an order of adoption.
NOTICE:
Pursuant to the Adult Adoption Act, the Alberta Rules of Court and the
practice of the Court, this case will be called for hearing at the time
and place noted above and may be proceeded with in your absence.
Form 2
Affidavit of Applicant
In the Court of Queen's Bench of Alberta
Judicial Centre of
IN THE MATTER OF THE
ADULT ADOPTION ACT,
and in the matter of the application by
for the adoption of
born the day of , (year)
Birth Registration Number
1 Affidavit
I, (legal name of applicant) , of
(address) , in the
Province of Alberta, make oath and say:
1. I am applying for an adoption order: (check one of the
following)
? as an individual. ? jointly with my spouse, and a
certified copy of our marriage
certificate is attached.
2. I am years old.
3. I have known (name of person to be adopted) for the
past years.
The nature of our relationship is:
4. The reason I wish to adopt (name of person to be
adopted) is
5. Sealing the court file: (check one of the following)
? I am applying to have the court file sealed. My
reason for wanting the court file sealed is .
? I am not applying to have the court file sealed.
(signature of applicant)
Sworn before me at (municipality) , in the of
on year/month/day
Signature of Notary Public or Commissioner for Oaths
Form 3
Affidavit of Person to be Adopted
In the Court of Queen's Bench of Alberta
Judicial Centre of
IN THE MATTER OF THE
ADULT ADOPTION ACT,
and in the matter of the application by
for the adoption of
born the day of , (year)
Birth Registration Number
1 Affidavit
I, (legal name of person to be adopted) , of
(address) , make
oath and say:
1. I am years old. A certified copy of my
birth document is attached.
2. I consent to my adoption by (name(
s) of
applicant(s))
I understand the nature and effect of an adoption
order.
3. Change of name: (check one of the following)
? A certified copy of my change of name
certificate is attached.
? I have not had a change of name.
4. Citizenship/residency: (check one of the following)
? I am a Canadian citizen.
? I have been lawfully admitted to Canada for
permanent residence and notarized copies of
my immigration documents are attached.
5. The reason I want to be adopted by (name(
s) of
applicant(s)) is
6. Court hearing: (check one of the following)
? I wish to appear in person before the judge
considering this adoption application.
? I do not wish to appear in person before the
judge considering this adoption application.
7. Sealing the court file: (check one of the following)
? I am applying to have the court file sealed.
My reason for wanting the court file sealed is
? I am not applying to have the court file
sealed.
(signature of person to be adopted)
Sworn before me at (municipality) , in the of
on year / month / day
Signature of Notary Public or Commissioner for Oaths
Form 4
Adoption Order
In the Court of Queen's Bench of Alberta
Judicial Centre of
IN THE MATTER OF THE
ADULT ADOPTION ACT,
and in the matter of the application by
for the adoption of
born the day of , (year)
Birth Registration Number
BEFORE THE HONOURABLE MR./MADAM JUSTICE
Made this day of , (year) at
, in the Province of Alberta
1 Order
Having received the application of (name(
s) of applicant(s))
and having reviewed the evidence presented;
And this Court being satisfied that the reasons for the
adoption are valid and acceptable;
IT IS HEREBY ORDERED that the application be granted
as requested and that the adoption is effective from and after
the date of this Order.
Entered this day of , (year)
Stamp
(Court Clerk of the Court of Queen's (Justice of the Court of
Bench) Queen's Bench)
3 The Adult Guardianship and Trusteeship Regulation
(AR 219/2009) is amended in
Schedule 2 by striking out
"taxed" and substituting "assessed" in the following forms:
Form 1, item 9.1;
Form 5, item 2.1;
Form 6, item 8.1;
Form 10, item 3.1;
Form 14, item 10.1;
Form 18, item 3.1;
Form 19, item 10.1;
Form 23, item 4.1;
Form 39, item 9.
4 The Appeal Board Regulation (AR 195/99) is amended in
section 11
(
a) by adding "(AR 124/2010)" after "Alberta Rules of
Court";
(
b) by striking out "conduct money and witness fees" and
substituting "allowances to witnesses".
5 The Appeal Rules Regulation (AR 58/99) is amended in
section 17
(
a) by striking out "(AR 390/68)" and substituting
"(AR 124/2010)";
(
b) by striking out "conduct money and witness fees" and
substituting "allowances to witnesses".
6 The Board Administrative Procedures Regulation
(AR 268/2001) is amended in
section 17(2)
(
a) by striking out "(AR 390/68)" and substituting
"(AR 124/2010)";
(
b) by striking out "conduct money and witness fees" and
substituting "allowances to witnesses".
7 The Builders' Lien Forms Regulation (AR 51/2002) is
amended in Forms 6 and 8 of the
Schedule by striking out
"JUDICIAL DISTRICT" and substituting "JUDICIAL CENTRE".
8 The Capital Region Board Regulation (AR 17/2010) is
amended in
section 17(3) by striking out "by originating
notice".
9 The Compensation Regulation (AR 29/2002) is amended
(
a) in
section 10
(
i) in subsection (1) by striking out "in the office of
the clerk" and substituting "with the court clerk";
(ii) in subsection (2) by striking out "enforce" and
substituting "enforced";
(
b) in
section 12
(
i) in subsection (1) by striking out "taxed" and
substituting "reviewed or assessed in accordance with
the Alberta Rules of Court (AR 124/2010)";
(ii) by repealing subsection (3).
10 The Court Rules and Forms Regulation (AR 39/2002) is
amended
(
a) in
section 5.1(1)(
a) by striking out "clerk" and
substituting "court clerk";
(
b) in
section 5.3 by striking out "clerk of the Court of
Queen's Bench" wherever it occurs and substituting
"court clerk of the Court of Queen's Bench";
(
c) in
section 5.9(1)(
a) by striking out "clerk" and
substituting "court clerk";
(
d) in
section 5.91 by striking out "clerk" and
substituting "court clerk".
(
e) in
section 5.92(1) by striking out "a court reporter" and
substituting "an official court reporter";
(
f) in Forms 27 to 30 in the
Schedule
(
i) by striking out "Judicial District of" and
substituting "Judicial Centre of";
(ii) by striking out "petitioning" and substituting
"applying to";
(
g) in Forms 28 to 30 in the
Schedule
(
i) by striking out "the petitioner" wherever it occurs
and substituting "the applicant";
(ii) by striking out "the petitioners" wherever it
occurs and substituting "the applicants";
(
h) by repealing Forms 31 to 34 in the
Schedule and
substituting the following:
Form 31
Application
In the Court of Queen's Bench of Alberta
Judicial Centre of
In the Matter of the Child, Youth and
Family Enhancement Act,
section 62
1 Regarding the application
by (name of applicant(s)) for an adoption order regarding the child
(name as on birth document) , born (date-yyyy/mm/dd) . Birth
document number:
2 Application
Name(s) (names of applicant(s)) .
Address (full mailing address) .
By making this application, I(we) state:
? that I(we) am(are) adults who want to adopt this child.
? that to support my(our) application, I(we) have enclosed my(our)
affidavit(
s) and the other information required by
Section 63 of
the Child, Youth and Family Enhancement Act.
I (we) respectfully request that the Court order the child's adoption by
me(us) and that the child be given the name .
3 Signatures
(signature of applicant) (print name)
(date-yyyy/mm/dd)
(signature of applicant) (print name)
(date-yyyy/mm/dd)
Form 32
In the Court of Queen's Bench of Alberta
Judicial Centre of
In the Matter of the Child, Youth and Family
Enhancement Act,
section 64 and in
the Matter of the Application by
(name of applicant(s))
For an adoption order in respect of the child
(name as on birth document) , born (date - yyyy/mm/dd)
Notice of Objection to Adoption
1 I was served with a copy of an application for adoption of this child
on (date - yyyy/mm/dd) .
2 I object to the application being considered without a Court hearing.
3 I understand that if I file this Notice of Objection to Adoption with
the court clerk, a hearing will be held.
4 I understand the applicant must serve a Notice of Adoption Hearing
on me and on all persons who were served with a copy of the
application, unless a person requested not to be served with a Notice of
Adoption Hearing.
5 I understand that the application for an adoption order will proceed
without a hearing if no Notice of Objection to Adoption is filed, unless
the judge orders a hearing.
Dated at (location) , on (date - yyyy/mm/dd) .
(signature of person objecting) (name of person objecting - please print)
(mailing address) (phone number)
(fax number - if applicable)
If you object to the application being heard in the absence of the applicant
or anyone else who was served with a copy of the application, you must
file this Notice of Objection to Adoption with the court clerk within 10
days of being served.
Form 33
Notice of Adoption Hearing
In the Court of Queen's Bench of Alberta
Judicial Centre of
In the Matter of the Child, Youth and Family
Enhancement Act,
section 64 and in
the Matter of the Application by
(name of applicant(s))
For an adoption order in respect of the child
(name as on birth document) , born (date-yyyy/mm/dd)
Notice of Adoption Hearing
This is your notice that I(we) will be applying to the Court for an
adoption order under the Child, Youth and Family Enhancement Act
regarding this child.
The application for an adoption order will be presented before the
presiding Justice in Chambers at (address) , Province of Alberta, on
(date - yyyy/mm/dd) at the hour of (time) , or soon thereafter.
? If you object to this application, you must attend the hearing.
? The Justice may make an Order of Adoption in your absence.
(signature of applicant) (print name)
(date - yyyy/mm/dd)
(signature of applicant - if applicable) (print name)
(date - yyyy/mm/dd)
Form 34
Adoption Order
In the Court of Queen's Bench of Alberta
Judicial Centre of
In the Matter of the Child, Youth and Family
Enhancement Act, sections 70 and 72 and
in the Matter of the Application by
(name of applicant(s))
For an adoption order in respect of the child
(name as on birth document) , born (date-yyyy/mm/dd)
Birth document number
Before the honourable (Mr./Madam) Justice
at , Alberta.
day, the (day) day of (month) , (year) .
Adoption Order
ON the application of (name(
s) of applicant(s)) ;
AND ON hearing the evidence presented;
AND ON this honourable Court being satisfied that
(
a) the applicant(
s) is(are) capable of assuming and willing to
assume the responsibility of a parent toward the child, and
(
b) it is in the best interests of the child that the child be adopted
by the applicant(s).
IT IS ORDERED that the application of (name(
s) of applicant(s))
be granted and that the child is, from and after the date of this order,
the adopted child of the applicant(
s) and that the child shall hereafter
bear the given name(
s) and surname of (name of child) .
IT IS FURTHER ORDERED: .
ENTERED this day of
, (year) . (Justice of the Court
(Court Clerk of the Court of Queen's Bench)
of Queen's Bench)
11 The Crown's Right of Recovery (Ministerial) Regulation
(AR 160/96) is amended by repealing
section 4(1)(f)(iv) and
substituting the following:
(iv) a transcript prepared as part of a procedure for disclosure of
documents or information;
12 The Drug-endangered Children Regulation
(AR 256/2006) is amended in
section 2(
a) by striking out
"(AR 390/68)" and substituting "(AR 124/2010)".
13 The Employment Pension Plans Regulation
(AR 35/2000) is amended by repealing
section 66(2) and (3)
and substituting the following:
(2) If the person holding the money does not repay the money
transferred, with interest, within the period specified in the order, the
Superintendent may, on 3 days' notice, apply to the Court of
Queen's Bench for an order to compel the repayment.
(3) The application must be supported by an affidavit and must be
served on the person holding the money and on the administrator
who transferred the money.
14 The Employment Standards Regulation (AR 14/97) is
amended in
section 63(4)
(
a) by striking out "the clerk" and substituting "the court
clerk";
(
b) by striking out "in the judicial district in which" and
substituting "at the judicial centre at which".
15 The Energy Resources Conservation Board Rules of
Practice (AR 252/2007) is amended in
section 39(2)
(
a) by striking out "(AR 390/68)" and substituting
"(AR 124/2010)";
(
b) by striking out "conduct money and witness fees" and
substituting "allowances to witnesses".
16 The Expropriation Act Rules of Procedure and Practice
(AR 187/2001) are amended in
section 15
(
a) by striking out "(AR 390/68)" wherever it occurs and
substituting "(AR 124/2010)";
(
b) by repealing subsection (1)(
a) and (
b) and
substituting the following:
(
a) disclosure of records and information;
17 The Forms Regulation (AR 480/81) is amended in Form
30 by striking out "JUDICIAL DISTRICT" and substituting
"JUDICIAL CENTRE".
18 The General Regulation (AR 104/2008) is amended in
section 23
(
a) by striking out "must be made by originating notice and";
(
b) by striking out "the originating notice" and substituting
"the application".
19 The Insurance Councils Regulation (AR 126/2001) is
amended in
section 26(1) and (3) by striking out "originating
notice" and substituting "application".
20 The Interjurisdictional Support Orders Regulation
(AR 4/2003) is amended in
section 8
(
a) in clause (
a) by striking out "a notice of motion" and
substituting "an application";
(
b) by striking out "the notice of motion" wherever it
occurs and substituting "the application".
21 The Irrigation Forms Regulation (AR 81/2000) is
amended in Form 17A by striking out "JUDICIAL DISTRICT"
and substituting "JUDICIAL CENTRE".
22 The Jury Act Regulation (AR 68/83) is amended
(
a) in
section 1 by striking out "Rules of Court" and
substituting "Court of Queen's Bench Act";
(
b) in Form A in the
Schedule by striking out "CLERK
OF THE COURT OF QUEEN'S BENCH JUDICIAL
DISTRICT OF" and substituting "CLERK OF THE
COURT OF QUEEN'S BENCH JUDICIAL CENTRE OF".
23 The Lobbyists Act General Regulation (AR 247/2009) is
amended in
section 6(2)(
d) by striking out "by originating
notice".
24 The Local Authorities Election Forms Regulation
(AR 106/2007) is amended in
Schedule 1
(
a) in the list of forms set out before Form 1 by striking
out "15 Disclaimer after Motion 143" and substituting
"15 Disclaimer after Application 143";
(
b) in Form 15
(
i) by striking out "DISCLAIMER AFTER MOTION"
and substituting "DISCLAIMER AFTER
APPLICATION";
(ii) by striking out "notice of motion in the nature of quo
warranto" and substituting "an application for
judicial review for an order in the nature of quo
warranto".
25 The Maintenance Enforcement Regulation (AR 2/86) is
amended
(
a) by repealing
section 5 and substituting the
following:
Service of documents
5(1) Notice required to be served under the Act or this
Regulation that is not otherwise provided for shall be served in
accordance with the provisions of the Alberta Rules of Court
(AR 124/2010) respecting service of documents, other than
commencement documents, in Alberta.
(2) In addition to the methods of service referred to in
subsection (1), the following documents may be sent by recorded
mail as defined in the Alberta Rules of Court (AR 124/2010) or
by ordinary mail:
(
a) notice under
section 10.1(2)(
b) of the Act;
(
b) a request for information by the Director under
section
13(2) of the Act;
(
c) notice of the Director's request for a statement of
finances.
(3) Notwithstanding subsection (1), notice under
section
24(1)(
b) and
section 25(1) of the Act shall be served in
accordance with the provisions of the Alberta Rules of Court
(AR 124/2010) respecting service of commencement documents
in Alberta.
(4) If a debtor or a creditor has updated the debtor's or creditor's
address with the Director, that address is an address for service
for the purposes of the Alberta Rules of Court (AR 124/2010).
(5) Notice is deemed to be sufficient if the person served
acknowledges receipt of the notice, even if the notice was not
served in accordance with this section.
(6) Despite a court order described in
section 44 of the Act, the
Director shall not serve a document under that
section on a
debtor or creditor named in the court order as the party to be
substitutionally served by service on the Director unless
(
a) the Director has been provided with 2 filed copies of an
order described in
section 44 of the Act and 2 copies of
each document to be served on the party,
(
b) the person who wishes the Director to serve the
document on the party submits to the Director a
completed request for service in Form 5,
(
c) the Director has an address for service for the party to
be served, and
(
d) the fee for service has been paid.
(7) Despite subsection (6), the Director shall not serve a
document under
section 44 of the Act if the Director does not
have an address for the intended recipient of the document.
(8) Service by the Director under subsection (6) must be service
at the last known address of the intended recipient of the
document.
(b)
section 18(4) is amended by striking out "A notice of
motion" and substituting "An application".
26 The Management Body Operation and Administration
Regulation (AR 243/94) is amended in
section 5.7(2)(
a) and
(
b) by striking out "by originating notice".
27 The Market Surveillance Regulation (AR 266/2007) is
amended in
section 10(1)
(
a) in clause (
a) by striking out "examined" and
substituting "questioned";
(
a) in clause (
c) by striking out "examination" wherever it
occurs and substituting "questioning".
28 The Motor Vehicle Accident Claims Regulation
(AR 189/98) is amended by repealing
section 5(4)(b)(
i) and
substituting the following:
(
i) costs under
Schedule C to the Alberta Rules of Court
(AR 124/2010) where the application or action was
commenced in the Court of Queen's Bench;
29 The Personal Directives (Ministerial) Regulation
(AR 26/98) is amended in
section 4 by striking out
"originating notice" and substituting "application".
30 The Personal Property Security Regulation
(AR 95/2001) is amended
(
a) in
section 39(
c) by striking out "judicial district" and
substituting "judicial centre";
(
b) by repealing
section 41;
(
c) in
section 43(b)(iii) by striking out "judicial district"
and substituting "judicial centre".
31 The Provincial Court Civil Division Regulation
(AR 329/89) is amended
(
a) in
section 3 by striking out "shall be entered in the
judicial district in which" and substituting "at the Court
of Queen's Bench shall be entered at the judicial centre that
is, by road, closest to the court at which";
(
b) in
section 4 by striking out "in the judicial district in
which" and substituting "at the judicial centre that is, by
road, closest to the court at which".
32 The Provincial Court Fees and Costs Regulation
(AR 18/91) is amended by repealing item 1(
g) and
substituting the following:
(
g) for each transcript and for each
additional copy of a transcript of
a court proceeding as specified
in
Schedule
B to the
Alberta Rules
of Court
(AR 124/2010).
33 The Public Sector Pension Plans (Legislative
Provisions) Regulation (AR 365/93) is amended by repealing
section 34(2) and substituting the following:
(2) An application under subsection (1) must be supported by an
affidavit and must be made on 7 days' notice or any shorter period
that the Court allows.
34 The Public Trustee General Regulation (AR 241/2004) is
amended
(
a) in
section 1(b)(ii) and (
c) by striking out "judicial
district" and substituting "judicial centre";
(
b) in
section 15(1)(
a) by repealing subclause (ii) and
substituting the following:
(ii) before questioning occurs in a proceeding related to the
minor's claim;
35 The Recording of Evidence Regulation (AR 169/2009) is
amended in
Schedule 3 by striking out "true and faithful" and
substituting "complete and accurate".
36 The Regional Airports Authorities Regulation
(AR 149/90) is amended
(
a) in
section 107
(
i) in subsection (3) by striking out "examined" and
substituting "questioned";
(ii) in subsection (4) by striking out "examination"
and substituting "questioning";
(
b) in
section 125
(
i) by striking out "examined" and substituting
"questioned";
(ii) by striking out "examination" and substituting
"questioning";
(
c) by repealing
section 137 and substituting the
following:
Application to Court
137 Where the Act or this Regulation permits a person to
apply to the Court, the application must be made in accordance
with the Alberta Rules of Court (AR 124/2010).
37 The Regulations Act Regulation (AR 288/99) is
amended in
section 17(1)(
w) by striking out "section 20(1)(
b) of the Court of Queen's Bench Act" and substituting "section
28.1(1)(a)(ii) of the Judicature Act".
38 The Rules of Practice of the Natural Resources
Conservation Board Regulation (AR 77/2005) is amended in
section 25
(
a) in subsection (2) by striking out "fees and allowances
in accordance with the tariff of fees provided under the
Alberta Rules of Court" and substituting "allowances in
accordance with
Schedule B to the Alberta Rules of Court
(AR 124/2010)";
(
b) in subsection (3) by striking out "fees and" and
substituting "the".
39 The Teachers' Pension Plans (Legislative Provisions)
Regulation (AR 204/95) is amended by repealing
section
42(2) and substituting the following:
(2) An application under subsection (1) must be supported by an
affidavit and must be made on 7 days' notice or any shorter period
that the Court allows.
40 The Workers' Compensation Regulation (AR 325/2002)
is amended
(
a) by adding the following after
section 19:
Filing of certificate
19.1 Where the Board requests the court clerk of the Court of
Queen's Bench to issue a garnishee summons under
section
35.21(1) of the Civil Enforcement Regulation (AR 276/95), the
Board must, in addition to filing an affidavit under that section,
also file with the court clerk a certificate in the form set out in
Schedule C to this Regulation.
(
b) by repealing
section 21(2) and substituting the
following:
(2) In addition to the costs payable to a lawyer under subsection
(1), the lawyer is entitled to the lawyer's disbursements as
determined in accordance with the Alberta Rules of Court
(AR 124/2010) and to the same percentage of a costs award in
respect of the action as the percentage determined by the Board
under subsection (1).
(3) In subsection (2), "costs award" means a costs award as
defined in the Alberta Rules of Court (AR 124/2010).
(
c) by adding the following after
Schedule B:
Schedule C
Certificate
Action number
In the Court of Queen's Bench of Alberta
Judicial Centre of
IN THE MATTER OF
SECTION 127 OF THE
WORKERS' COMPENSATION ACT
BETWEEN:
THE WORKERS' COMPENSATION BOARD Plaintiff
and
Defendant
Certificate
The Workers' Compensation Board (the "WCB"), pursuant to
section
127 of the Workers' Compensation Act, hereby certifies that:
(
a) there is payable by the above defendant to the WCB the
amount of $ ;
(
b) the basis of the payment is .
The WCB hereby directs the above defendant to make payment to the
WCB of the said amount.
This certificate is filed pursuant to the Alberta Rules of Court
(AR 124/2010).
Dated at , Alberta, this day of , 20 .
THE WORKERS' COMPENSATION BOARD
Per: SECRETARY
Account No.
41 This Regulation comes into force on November 1, 2010.
Alberta Regulation 165/2010
Judicature Act
SURROGATE RULES AMENDMENT REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 355/2010)
on October 14, 2010 pursuant to
section 28.1 of the Judicature Act.
1 The Surrogate Rules (AR 130/95) are amended by this
Regulation.
2 Rule 1 is amended
(
a) in clause (
e) by striking out "in the judicial district in"
and substituting "at the judicial centre at";
(
b) by adding the following after clause (l):
(l.1) "recorded mail" means recorded mail as defined in the
Alberta Rules of Court (AR 124/2010);
3 Rule 2 is amended
(
a) in subrule (1) by striking out "(Alta. Reg. 390/68),
except
Part 34," and substituting "(AR 124/2010)";
(
b) in subrule (4) by striking out "(Alta. Reg. 390/68)" and
substituting "(AR 124/2010)".
4 Rule 6 is repealed and the following is substituted:
Venue
6(1) An application for a grant must be filed at the judicial centre
that is closest by road to the location where the deceased resided on
the date of death unless the court permits otherwise.
(2) If the deceased resided outside Alberta immediately before
dying, an application for a grant may be filed at the judicial centre
that is closest by road to a location in Alberta where the deceased
had property on the date of death.
5 Rule 7 is repealed.
6 Rule 26(3)(
a) is amended by striking out "registered mail"
and substituting "recorded mail".
7 Rule 38(3)(
b) is amended by striking out "with not less than
6 days" and substituting "with 5 days or more".
8 Rule 39(1) is amended by striking out "not more than 30
days" and substituting "not more than 1 month".
9 Rule 41(2) is amended by striking out "3 days' notice" and
substituting "at least 5 days' notice".
10 Rule 46(
b) is amended by striking out "under the seal of
the court" and substituting ", using the court seal on request".
11 Rule 59(1) is amended by striking out "Alberta Rules of
Court (Alta. Reg. 390/68)" and substituting "Alberta Rules of
Court (AR 124/2010)".
12 Rule 60(1) is amended
(
a) in clause (a)
(
i) by striking out "registered mail" and substituting
"recorded mail";
(ii) by striking out "an originating document" and
substituting "a commencement document";
(
b) in clause (
b) by striking out "that are not originating
documents" and substituting "other than commencement
documents".
13 Rule 61 is amended
(
a) in clause (
a) by striking out "30 days" and
substituting ", one month or more";
(
b) in clause (
b) by striking out "10 days" and
substituting ", 10 days or more";
(
c) in clause (
c) by adding "or more" after "10 days";
(
d) in clause (
d) by striking out "30 days" and
substituting "one month or more".
14 Rule 64(1)(
b) is repealed and the following is
substituted:
(
b) dispose of the issues arising out of the application as it
considers appropriate;
15 Rule 65(
a) is amended by striking out "14 days" and
substituting "20 days".
16 Rule 67(1) is amended by striking out "60 days" and
substituting "2 months".
17 Rule 73(1) is amended by striking out "not more than 10
days" and substituting "within 10 days".
18 Rule 77(3) is amended by striking out "originating
documents" and substituting "commencement documents".
19 Rule 83(3)(
a) is amended
(
a) in subclause (
i) by striking out "pre-trial discovery and
examinations" and substituting "pre-trial disclosure of
documents and questioning";
(
b) in subclause (ii) by striking out "discovery of
documents" and substituting "production of documents".
20 Rule 85(2) is amended by striking out "pre-trial discovery
of documents and oral examinations for discovery" and substituting
"pre-trial disclosure and production of documents and oral
questioning".
21 Rule 89 is amended
(
a) in clause (
a) by striking out "an appearance fee in the
amount required to be paid to witnesses in civil cases" and
substituting "an allowance in accordance with
Schedule B,
Division 3 of the Alberta Rules of Court (AR 124/2010)";
(
b) in clause (
b) by striking out "a preparation fee and any
additional fees" and substituting "a preparation allowance
and any additional allowances".
22 Rule 96 is amended
(
a) in subrule (2) by striking out "within 60 days" and
substituting "within 2 months";
(
b) in subrule (3)
(
i) in clause (
a) by striking out "before the expiration
of the 60 days" and substituting "within the 2
months";
(ii) in clause (
b) by striking out "not more than 3
months after the last day of the original 60-day period"
and substituting "within 5 months after receiving the
notice of contestation under rule 95".
23 Rule 107(2) is amended by striking out "not less than 30
days" and substituting "one month or more".
24 Rule 108(2) is amended by striking out "not less than 30
days" and substituting "one month or more".
25 Rule 109(1) is amended by striking out "not less than 10
days" and substituting "10 days or more".
26 Rule 111 is amended by striking out "not less than 10 days"
and substituting "10 days or more".
27 Rule 112 is amended
(
a) in subrule (1)(
b) by striking out "not more than 60
days" and substituting "within 2 months";
(
b) in subrule (2)
(
i) in clause (
a) by striking out "not more than 40
days" and substituting "within one month";
(ii) in clause (
b) by striking out "not more than 120
days" and substituting "within 4 months".
28 Rule 114(1) is amended by striking out "not less than 20
days" and substituting "20 days or more".
Schedule 1,
Part 2 is amended in
section 8
(
a) in subsection (1) by striking out "reviewed by the
taxing officer under rules 627 to 658 of the Alberta Rules of
Court (Alta. Reg. 390/68)" and substituting "reviewed by
the review officer under the Alberta Rules of Court
(AR 124/2010)";
(
b) in subsection (2) by striking out "taxing" and
substituting "review".
Schedule 3 is amended
(
a) in Form NC 22 by striking out "before the expiration of
six months from" and substituting "within 6 months
after";
(
b) in Form NC 23 by striking out "before six months have
gone by from" and substituting "within 6 months after";
(
c) in Form NC 24 by striking out "before six months have
gone by from" and substituting "within 6 months after";
(
d) in Form NC 44
(
i) by striking out "JUDICIAL DISTRICT" and
substituting "JUDICIAL CENTRE";
(ii) in items 3 and 4 by striking out "Judicial District
where property located: __________";
(
e) in Form NC 46 by striking out "Judicial District" and
substituting "Judicial Centre";
(
f) in Form C 11 in item 4 by striking out "You have 60
days from your receipt of this notice to do this." and
substituting "You must do this within 2 months after you
receive this notice.";
(
g) in Forms ACC 1 and ACC 10 by striking out "at least
five days" and substituting "five days or more".
31 In
Schedule 3 the following forms are amended by
striking out "JUDICIAL DISTRICT" wherever it occurs and
substituting "JUDICIAL CENTRE":
NC 1
NC 2
NC 26
NC 28 to NC 33
NC 34.1
NC 36 to NC 43
NC 48
NC 49
C 1 to C 6
C 8 to C 13
ACC 1 to ACC 13
32 This Regulation comes into force on November 1, 2010.
--------------------------------
Alberta Regulation 166/2010
Family Law Act
PROVINCIAL COURT PROCEDURES (FAMILY LAW)
AMENDMENT REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 356/2010)
on October 14, 2010 pursuant to
section 107 of the Family Law Act.
1 The Provincial Court Procedures (Family Law)
Regulation (AR 149/2005) is amended by this Regulation.
Section 1 is amended
(
a) by repealing subsection (3) and substituting the
following:
(3) Except for the form referred to in
section 14(2), the forms to
be used for the purposes of this Regulation are Forms FL-10 to
FL-12, FL-34 to FL-53 and FL-57 to FL-75 as set out in
Schedule A, Division 2 of the Alberta Rules of Court
(AR 124/2010).
(
b) by repealing subsection (4).
Section 2 is amended
(
a) in subsection (1) by striking out "in the appropriate
form" and substituting "in Form FL-10";
(
b) by repealing subsection (3) and substituting the
following:
(3) Evidence in support of the claim may be provided by filing
one or more statements in Forms FL-34 to FL-53 or an affidavit,
or both.
(
c) by repealing subsection (4) and substituting the
following:
(4) If a statement or affidavit is filed to support a claim, the
statement or affidavit must be confined to
(
a) a statement of facts within the personal knowledge of
the person swearing the statement or affidavit, and
(
b) any other evidence that the person swearing the
statement or affidavit could give at trial.
Section 3 is repealed and the following is substituted:
Service of claim documents
3(1) The applicant must serve each person named in the claim as a
respondent, and each person who is required by the Act to be served,
with a copy of the documents filed under
section 2.
(2) The documents referred to in subsection (1)
(
a) must be served by leaving a copy of the documents with the
individual being served and not with the individual's lawyer
of record, if any, and
(
b) must be served
(i) 20 days or more before the date set out in the claim if
service is effected in Alberta,
(ii) one month or more before the date set out in the claim if
service is effected outside Alberta but within Canada,
and
(iii) 2 months or more before the date set out in the claim if
service is effected outside Canada.
5 The following is added after
section 3:
Variation of time periods
3.1 The Court may extend or shorten a time period specified in this
Regulation.
Section 4 is repealed and the following is substituted:
Respondent's response
4(1) A respondent who wishes to respond to the applicant's claim
must file a response in Form FL-11 and may provide evidence in
support of the response by filing one or more reply statements in
Forms FL-57 to FL-75 or an affidavit, or both.
(2) The response may include a request that the Court grant one or
more additional orders and, in that event, evidence in support of the
request may be provided by filing one or more statements in Forms
FL-34 to FL-53 or an affidavit, or both.
(3) If a statement, reply statement or affidavit is filed to support a
response, the statement, reply statement or affidavit must be
confined to
(
a) a statement of facts within the personal knowledge of the
person swearing the statement, reply statement or affidavit,
and
(
b) any other evidence that the person swearing the statement,
reply statement or affidavit could give at trial.
Section 5 is repealed and the following is substituted:
Service of response documents
5(1) The respondent must serve the applicant and any other party
with a copy of the documents filed under
section 4.
(2) The documents referred to in subsection (1) must be served
within a reasonable time before the date set out in the claim, but
anything less than 10 days' notice will be presumed to be prejudicial
to any person entitled to be served.
Section 6 is repealed and the following is substituted:
Response to a respondent's request for additional order
6(1) Any party who wishes to respond to the respondent's request
that the Court grant one or more additional orders may file one or
more reply statements in Forms FL-57 to FL-75 or an affidavit, or
both.
(2) If a reply statement or affidavit is filed under subsection (1), the
reply statement or affidavit must be confined to
(
a) a statement of facts within the personal knowledge of the
person swearing the reply statement or affidavit, and
(
b) any other evidence that the person swearing the reply
statement or affidavit could give at trial.
(3) The documents referred to in subsection (1) must be served
within a reasonable time before the date set out in the claim, but
anything less than 5 days' notice will be presumed to be prejudicial
to the person entitled to be served.
9 The following is added after
section 6:
New evidence
6.1(1) In this section, "new evidence" means evidence that was not
available to a party at the time when the party filed and served the
party's statement or reply statement, as the case may be.
(2) If, subsequent to filing and serving a statement or reply
statement, a party wishes to rely on new evidence when the claim is
heard or considered, the party must file an update statement in Form
FL-79, or an affidavit, containing the new evidence.
(3) The party must serve the party's update statement or affidavit, as
the case may be, on each person named as an applicant or respondent
in the claim, and any other person required by the Family Law Act to
be served, within a reasonable time before the date set out in the
claim.
Section 7 is repealed and the following is substituted:
Appearance before the Court
7 Where the respondent attends at the Court for the hearing, the
Court may, whether or not the respondent has complied with this
Regulation,
(
a) decide all or part of the matter on an interim or final basis,
(
b) adjourn all or part of the matter to a later date, or
(
c) set all or part of the matter down for a short oral hearing or
trial,
and the Court may give any direction and grant any interim or
procedural order that the Court considers appropriate.
Section 8 is repealed and the following is substituted:
Electronic hearings
8(1) In this section, "electronic hearing" means an application,
proceeding or trial conducted, in whole or in part, by electronic
means in which all the participants in a hearing and the Court can
hear each other, whether or not all or some of the participants can
see each other or are in each other's presence.
(2) An electronic hearing may be held if
(
a) the parties agree and the Court so permits, or
(
b) on application, the Court orders an electronic hearing.
(3) The Court may
(
a) direct that an application for an electronic hearing be heard
by electronic hearing,
(
b) direct that an application or a trial be heard in whole or in
part by electronic hearing,
(
c) give directions about arrangements for the electronic hearing
or delegate that responsibility to another person,
(
d) give directions about the distribution of documents and the
practice and procedure at the electronic hearing, or
(
e) order that an electronic hearing be completed in person.
(4) The clerk must participate in an electronic hearing unless the
Court otherwise directs.
(5) An oath may be administered by electronic means.
Section 11(1) is repealed and the following is
substituted:
Certificate of lawyer
11(1) A lawyer who is required to provide a statement that the
lawyer has complied with
section 5(1) of the Family Law Act must
do so by filing a certificate in Form FL-12.
Section 12(1) is repealed and the following is
substituted:
Address for service
12(1) The address for service of a party who is not represented by a
lawyer of record and is not required to be served in accordance with
section 3(2)(
a) is the most recent of
(
a) an address provided to the Court and all other parties by the
individual in writing,
(
b) an address provided on the record during a Court appearance,
and
(
c) the address provided in the most recently filed document in
the proceeding.
Section 13 is repealed and the following is substituted:
Manner of service
13(1) In this section,
(a) "electronic" and "electronic agent" have the same meanings
as they have in the Electronic Transactions Act;
(b) "recorded mail" means a form of document delivery by mail
or courier in which receipt of the document must be
acknowledged in writing.
(2) All documents except those required to be served under
section
3(2)(
a) may be served in accordance with this section.
(3) A document may be served by an electronic method on a person
who has specifically provided an address to which information or
data in respect of an action may be transmitted if the document is
sent to the person at the specified address and
(
a) the electronic agent receiving the document at that address
receives the document in a form that is usable for subsequent
reference, and
(
b) the sending electronic agent obtains or receives a
confirmation that the transmission to the address of the
person to be served was successfully completed.
(4) Service is effected under subsection (3) when the sending
electronic agent obtains or receives confirmation of the successfully
completed transmission.
(5) A document may be served on a party in Alberta by being sent
by recorded mail, addressed to the party at the address for service
provided in the most recently filed document in the action.
(6) Service is effected under subsection (5) on the earlier of
(
a) the date acknowledgment of receipt is signed, and
(b) 7 days after the date on which the recorded mail is sent.
(7) If, in an agreement that is the subject of an action, the parties
agree on
(
a) a place for service,
(
b) a mode of service, or
(
c) a person on whom service may be effected,
service of a document may be made in accordance with the
agreement, and service is effected when so made.
(8) An agreed method of service described in subsection (7) that
applies outside Alberta must comply with rule 11.26 of the Alberta
Rules of Court (AR 124/2010).
(9) An agreement about service of documents under subsection
(7) does not invalidate the service of a document that otherwise
complies with this section.
Section 14 is repealed and the following is substituted:
Disclosure of financial information
14(1) Where a written request for financial information has been
made under
section 65(1) or (4) of the Act, that information shall be
provided within one month after the request is received.
(2) A written request for financial information referred to in
subsection (1) may be made in the Form set out in the
Schedule to
this Regulation.
(3) For the purposes of
section 65(1) and (4) of the Family Law Act,
the following documents may be requested under this section:
(
a) with respect to an application or order for child support,
those documents listed in
section 21(1) of the Alberta Child
Support Guidelines (AR 147/2005);
(
b) with respect to an application or order for spousal support or
adult interdependent partner support, those documents listed
section 4(1) of the Family Law Act General Regulation
(AR 148/2005).
16 The following is added after
section 15:
Schedule
Form
(section 14)
Clerk's stamp:
COURT FILE NUMBER
PROVINCIAL COURT OF ALBERTA
COURT LOCATION
APPLICANT(
S) RESPONDENT(
S) DOCUMENT REQUEST FOR FINANCIAL INFORMATION
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
Notice to party requesting disclosure: Carefully review the list of items that may
be requested, and only check those items that are relevant to the particular
proceedings.
You are hereby required to provide the documents checked below to
the party requesting disclosure, at the address for service provided
above, within one month of receiving this Request for Financial
Information. If you do not, the Court may make an order against you,
which may include an order for the payment of support in an amount
the Court considers appropriate, an order for you to provide the
information, or an order for someone else (for example your employer)
to provide the information. You may also be ordered to pay costs.
? 1 A copy of every personal income tax return you have filed for
each of the 3 most recent taxation years. If you have not filed
a tax return, you must provide copies of your T4, T4A and all
other relevant tax documents and any other statements or
documents that disclose your sources of income for that year.
? 2 A copy of every Notice of Assessment and Re-assessment
issued by the Canada Revenue Agency for each of the 3 most
recent taxation years, or a copy of the Canada Revenue
Agency printout of your last 3 years' income tax returns.
? 3 If you are an employee, a copy of your 3 most recent
statement of earnings indicating your total earnings paid year
to date, including overtime, or where such a statement is not
provided by your employer, a letter from your employer
setting out that information, including your rate of annual
salary or remuneration.
? 4 If you receive income from employment insurance, income
assistance, a pension, workers' compensation, disability
payments, or any other source, the most recent statement of
income showing the total income from the applicable source
during the current year or, if a statement is not provided, a
letter from the appropriate authority giving the required
information.
? 5 If you are a student, a statement indicating the total amount of
student funding you have received during the current
academic year, including loans, grants, bursaries, scholarships
and living allowances.
? 6 If you are self-employed:
(
a) the financial statements of your business or professional
practice for the 3 most recent taxation years;
(
b) a statement showing a breakdown of all salaries, wages,
management fees, other payments or benefits paid to
you or to persons or corporations with whom you do not
deal at arm's length for the 3 most recent taxation years;
(
c) particulars or copies of every cheque issued to you
during the last 6 weeks from any business or
corporation in which you have an interest or to which
you have provided a service.
? 7 If you are a partner in a partnership, confirmation of your
income and draws from the partnership and confirmation of
the capital in the partnership for its 3 most recent taxation
years.
? 8 If you have a 1% or more interest in a privately held
corporation:
(
a) the financial statements of the corporation and its
subsidiaries for its 3 most recent taxation years;
(
b) a statement showing a breakdown of all salaries, wages,
management fees or other payments or benefits paid to
you or to persons or corporations with whom the
corporation, and every related corporation, does not
deal at arm's length for the corporation's 3 most recent
taxation years;
(
c) a record showing your shareholder's loan transaction for
the past 12 months.
? 9 If you are a beneficiary under a trust, a copy of the trust
settlement agreement and copies of the trust's 3 most recent
financial statements.
? 10 Copies of all statements and cancelled cheques for all bank
accounts solely or jointly in your name for the most recent 6
months.
? 11 Copies of credit card statements for all credit cards solely or
jointly in your name for the most recent 6 months.
? 12 Where child support is an issue, a detailed list of any special
or extraordinary expenses claimed as well as copies of
receipts or other documentation providing the amount of those
expenses, namely:
(
a) child care costs;
(
b) health care costs and extended medical and dental
insurance premiums attributable to the child;
(
c) uninsured health care and dental expenses;
(
d) extraordinary educational expenses;
(
e) post-secondary educational expenses;
(
f) extraordinary extracurricular expenses;
? 13 If this is a claim for spousal or adult interdependent partner
support, your monthly budget of expenses (form available).
? 14 A sworn itemized list of all of your sources of income as well
as your assets and liabilities.
? 15 Copies of your most recent statement for all R.R.S.P.s,
pensions, term deposit certificates, guaranteed investment
certificates and other investments in your name or in which
you have an interest.
Dated
at , Alberta. Signature
Applicant/Applicant's Lawyer/Respondent/
Respondent's Lawyer (specify)
17 This Regulation comes into force on November 1, 2010.
Alberta Regulation 167/2010
Recording of Evidence Act
Judicature Act
Provincial Court Act
TRANSCRIPT FEES AND FORMAT REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 357/2010)
on October 14, 2010 pursuant to
section 9 of the Recording of Evidence Act.
Table of Contents
1 Transcript fees
2 Format
3 Repeal
4 Expiry
5 Coming into force
Schedule
Transcript fees
1(1) The fees to be charged for the transcript and for copies of the
transcript of a court proceeding are those set out in
Schedule B to the
Alberta Rules of Court (AR 124/2010).
(2) All fees for transcripts must be paid to the Minister of Justice and
Attorney General in favour of the Minister of Finance and Enterprise.
Format
2 The format to be used for transcripts of court proceedings is that set
out in the
Schedule to this Regulation.
Repeal
3 The Transcript Fees Regulation (AR 192/2009) is repealed.
Expiry
4 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on November 1, 2015.
Coming into force
5 This Regulation comes into force on November 1, 2010.
Schedule
Format of Transcripts
1 The paper to be used for transcripts is quarto post in size 8 1/2
inches by 11 inches.
2 The font to be used is Times New Roman, 13 point, or the
equivalent.
3 Subject to items 6 and 7, the margins on each page must be as
follows:
(
a) top and bottom, one inch;
(
b) left, 0.75 inches;
(
c) right, one inch.
4 Each full page must contain no more than 41 lines, evenly spaced,
exclusive of the line containing the page number.
5 With the exception of the last line of a paragraph, each line of a
paragraph must be fully justified from the left margin or from the
applicable indent to the right margin.
6 Each line must be numbered consecutively with the line number
placed 0.15 inches to the left of the left margin.
7 Each page must be numbered consecutively with the page number
placed 0.5 inches from the top edge of each page, centred between the
left and right margins.
8 Subject to item 10, for each new speaker, the first line must
commence at the left margin with the identification of the name or
description of the speaker, with the transcribed matter commencing on
the same line 3.25 inches from the left margin.
9 Subsequent lines of transcribed matter for the same speaker must be
indented 0.25 inches from the left margin.
10 When evidence is in the form of a question and an answer,
(
a) the name or description of the person by whom the question
is asked or answered, if required to identify the speaker, must
appear at the beginning of the appropriate line, except at the
commencement of a new part of the examination,
(
b) the first line of each question and each answer must
commence 0.25 inches from the left margin, with the
transcribed matter commencing on the same line 0.5 inches
from the left margin, and with subsequent lines for that
question or answer indented 0.5 inches from the left margin,
(
c) the question must commence on a separate line and be
preceded on that line by the letter Q,
(
d) the answer must commence on a separate line following the
line on which the question concludes and be preceded on the
line on which the answer commences by the letter A, and
(
e) each new question and answer must be grouped and followed
by one blank line.
11 The following lines must be left blank:
(
a) between distinct portions of the examination of a witness,
such as cross-examination or re-examination, one line;
(
b) following each answer provided by a witness, one line;
(
c) following each speaker, other than for question and answer,
one line;
(
d) following each paragraph within the transcribed matter, one
line;
(
e) between the examination of different witnesses, one line;
(
f) between different parts of the case, such as the evidence for
the plaintiff or the defendant or judgment, one line;
(
g) between exhibits, one line.
--------------------------------
Alberta Regulation 168/2010
Regulations Act
MISCELLANEOUS CORRECTIONS AND REPEAL REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 358/2010)
on October 14, 2010 pursuant to
section 10 of the Regulations Act.
1 The Access to Motor Vehicle Information Regulation
(AR 140/2003) is amended in
section 2(4)(
b) by striking out
"Dependent Adults Act" and substituting "Adult Guardianship and
Trusteeship Act".
2 The Alberta Enterprise Corporation Regulation
(AR 202/2008) is amended in
section 3(1)(a)
(
a) by striking out "dependent adult as defined in the
Dependent Adults Act" and substituting "represented
adult as defined in the Adult Guardianship and Trusteeship
Act";
(
b) by striking out "that Act" and substituting "the Public
Trustee Act".
3 The Alberta Investment Management Corporation
Regulation (AR 225/2007) is amended in
section 4(1)(b)(i)
(
a) by striking out "dependent adult as defined in the
Dependent Adults Act" and substituting "represented
adult as defined in the Adult Guardianship and Trusteeship
Act";
(
b) by striking out "that Act" and substituting "the Public
Trustee Act".
4 The Alberta Research and Innovation Regulation
(AR 203/2009) is amended in
section 4(1)(b)(i)
(
a) by striking out "dependent adult as defined in the
Dependent Adults Act" and substituting "represented
adult as defined in the Adult Guardianship and Trusteeship
Act";
(
b) by striking out "that Act" and substituting "the Public
Trustee Act".
5 The General Regulation (AR 249/98) under the
Cemeteries Act is amended in
section 11(2)(
e) by striking
out "Dependent Adults Act" and substituting "Adult Guardianship
and Trusteeship Act".
6 The General Regulation (AR 226/98) under the Funeral
Services Act is amended in
section 36(2)(
e) by striking out
"Dependent Adults Act" and substituting "Adult Guardianship and
Trusteeship Act".
7 The Petroleum Marketing Regulation (AR 174/2006) is
amended in
section 26 by striking out "Part 2 of".
8 The Travel Alberta Act General Regulation (AR 48/2009)
is amended in
section 2(1)(b)(i)
(
a) by striking out "dependent adult as defined in the
Dependent Adults Act" and substituting "represented
adult as defined in the Adult Guardianship and Trusteeship
Act";
(
b) by striking out "that Act" and substituting "the Public
Trustee Act".
9 The Provincial Board Dissolution and Winding-up
Regulation (AR 148/2006) is repealed.
--------------------------------
Alberta Regulation 169/2010
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 359/2010)
on October 14, 2010 pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 38/2008) is amended by this Regulation.
Section 2(2) is repealed.
Section 6 is amended in subsection (1)
(
a) by adding the following after clause (b):
(b.1) Alberta Human Rights Act;
(
b) by repealing clause (c);
(
c) by repealing clause (k).
Section 12 is amended
(
a) by repealing subsection (1)(r);
(
b) by adding the following after subsection (1.1)(c):
(
d) Crown's Right of Recovery Act.
Section 14(1.1) is repealed.
Section 16 is amended by adding the following after
subsection (2):
(3) The Minister of Justice and Attorney General is designated as
the Minister responsible for the following enactments:
(
a) Interjurisdictional Support Orders Act;
(
b) Witness Security Act.
Section 17(4) is repealed.
Section 20 is amended by adding the following after
section (2.1):
(2.2) The Solicitor General and Minister of Public Security is
designated as the Minister responsible for the Gunshot and Stab
Wound Mandatory Disclosure Act.
Section 21(7.1) is repealed.
Section 23(2.1) is repealed
Alberta Regulation 170/2010
Marketing of Agricultural Products Act
ALBERTA BEEF PRODUCERS PLAN AMENDMENT REGULATION
Filed: October 15, 2010
For information only: Made by the Lieutenant Governor in Council (O.C. 360/2010)
on October 14, 2010 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Alberta Beef Producers Plan Regulation
(AR 286/2009) is amended by this Regulation.
Section 4 is amended
(
a) by repealing subsection (2)(e);
(
b) by adding the following after subsection (2):
(3) The Commission must pay all levies collected from
producers on behalf of the Canada Board to the Canada Board.
3 The following is added after
section 4:
Regulations to operate Plan
4.1(1) For the purposes of enabling the Commission to operate this
Plan, the Commission may be empowered by the Council, pursuant
section 26 of the Act, to make regulations
(
a) requiring producers engaged in the marketing of a regulated
product to register their names and addresses with the
Commission,
(
b) requiring any person who produces, markets or processes a
regulated product to furnish to the Commission any
information or record relating to the production, marketing or
processing of the regulated product that the Commission
considers necessary,
(
c) providing for
(
i) the assessment, charging and collection of service
charges from producers from time to time for the
purposes of this Plan,
(ii) subject to subsection (2), the assessment, charging and
collection of levies from producers from time to time
for the purposes of this Plan, and
(iii) the taking of legal action to enforce payment of the
service charges and levies, as the case may be,
(
d) requiring any person who receives a regulated product from a
producer
(
i) to deduct from the money payable to the producer any
service charges or levies, as the case may be, payable by
the producer to the Commission, and
(ii) to forward the amount deducted to the Commission,
(
e) providing for the use of any class of service charges, levies or
other money payable to or received by the Commission for
the purpose of paying its expenses and administering this
Plan and the regulations made by the Commission, and
(
f) providing for payment to the Canada Board of money that is
payable under the Canada Act.
(2) If the Council empowers the Commission to make a regulation
under subsection (1)(c)(ii) to assess, charge and collect levies from
producers, that authority and any regulation made under that
authority expire on March 31, 2013.