Notice to the Public Trustee (Ministerial) Regulation (Alta. Reg. 204/2015)

Alta. Reg. 204/2015

Alberta — Regulations

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 53/2026) ALBERTA REGULATION 204/2015 Limitations Act NOTICE TO THE PUBLIC TRUSTEE (MINISTERIAL) REGULATION Notice to proceed 1(1) Subject to subsection (2), a notice to proceed for the purposes of

section 5.1 of the Act must be in Form 1 of the Schedule.

(2) If the minor does not, to the knowledge of the potential defendant, have a guardian, the notice to proceed must be in Form 2 of the Schedule.

(3) A notice to proceed must be (

a) served personally on the minor’s guardian before it is delivered to the Public Trustee, if the minor has a guardian, and (

b) delivered to the Public Tru stee by recorded mail at the address shown in Forms 1 and 2 of the Schedule. Notice delivered by Public Trustee 2(1) A notice referred to in

section 5.1(6)(

a) of the Act must be in Form 3 of the Schedule.

(2) A notice referred to in

section 5.1(6)(

b) of the Act must be in Form 4 of the Schedule.

(3) A notice referred to in

section 5.1(6) of the Act may be delivered by recorded mail. Public Trustee fee when notice to proceed delivered 3 The fee payable to the Public Trustee by a potential defendant under

section 5.1(3)(

b) of the Act is $1000 for each minor in respect of whom the potential defendant serves a notice to proceed. AR 204/2015 s3;53/2026 Coming into force 4 This Regulation comes into force on January 1, 2016.

Schedule AR 204/2015 NOTICE TO THE PUBLIC TRUSTEE (MINISTERIAL) REGULATION 2

Schedule Form 1 Province of Alberta, Canada Notice to Proceed under the Limitations Act (Minor in custody of a guardian) Date: (date of notice) To: (name of guardian), guardian of the minor, (full name of minor) (residential address of guardian) Copy: Public Trustee for the Province of Alberta 400 South, 10365 - 97 Street Edmonton, AB T5J 3Z8 1 This notice is delivered by or on behalf of the following person or persons -- (name(

s) of potential defendant(s)) -- who is or are referred to below as the potential defendant. 2 This notice concerns the minor, (name of minor), who, to the best of the potential defendant’s knowledge, was born on (minor’s date of birth). The minor might have a claim against the potential defendant arising out of the following: (brief description of the events that might give rise to a claim, including location and time or period at or during which events occurred) 3 There is a deadlin e for starting legal proceedings against the potential defendant.

The minor could lose the opportunity to enforce a claim against the potential defendant if you do not start legal proceedings on the minor’s behalf before the deadline. You should contact a lawyer to get advice regarding the minor’s claim if you have not already done so. 4 The potential defendant will deliver a copy of this notice to the Public Trustee, as required by

section 5.1 of the Act. The Public Trustee will contact you to determine what steps you plan to take on the minor’s behalf. Signed: (signature of potential defendant or representative)

Schedule AR 204/2015 NOTICE TO THE PUBLIC TRUSTEE (MINISTERIAL) REGULATION 3 (printed name of signer) (relationship to potential defendant, if not the potential defendant) Additional information for the Public Trustee [The following is to be completed on the copy of this notice that is delivered to the Public Trustee] 5 The potential defendant is aware of the following information that may assist the Public Trustee to contact the minor’s guardian: Guardian’s telephone number (if known): Other (e.g. guardian’s e-mail address, if known): 6 The Public Trustee may send notices to the potential defendant at the following address: (address of potential defendant or representative) 7 The potential defendant or the defendant’s representative may be contacted at the following telephone numbers during regular business hours: Statutory declaration of service on guardian I, (name of declarant), solemnly declare that (describe manner, place and time of personal service of notice to proceed on guardian), 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 ) (municipality) , Alberta, this ) (signature of declarant) (day) of (month) , 20 ) (signature of Commissioner for Oaths) (printed name of Commissioner) A Commissioner for Oaths My commission expires (expiration date of commission, if applicable)

Schedule AR 204/2015 NOTICE TO THE PUBLIC TRUSTEE (MINISTERIAL) REGULATION 4 Form 2 Province of Alberta, Canada Notice to Proceed under the Limitations Act (Minor not in custody of a guardian) Date: (date of notice) To: Public Trustee for the Province of Alberta 400 South, 10365 - 97 Street Edmonton, AB T5J 3Z8 1 This notice is delivered by or on behalf of the following person or persons -- (name(

s) of potential defendant(s)) -- who is or are referred to below as the potential defendant. 2 This notice concerns the minor, (full name of minor), who, to the best of the potential defendant’s knowledge, was born on (minor’s date of birth). The minor might have a claim against the potential defendant arising out of the following: (brief description of the events that might give rise to a claim, including location and time or period at or during which events occurred) 3 To the best of the potential defendant’s knowledge, the minor has no guardian as defined by

section 5.1(1) of the Act. 4 The potential defendant is aware of the following information that may assist the Public Trustee to contact the minor: Minor’s residential ad dress (if known): Minor’s telephone number (if known): Other (e.g. e-mail address, if known): 5 The Public Trustee may send notices to the potential defendant at the following address: (address of potential defendant)

Schedule AR 204/2015 NOTICE TO THE PUBLIC TRUSTEE (MINISTERIAL) REGULATION 5 Signed: (signature of potential defendant or representative) (printed name of signer) (relationship to potential defendant, if not the potential defendant) 6 The potential defendant or the defendant’s representative may be contacted at the following telephone numbers during regular business hours: Form 3 Province of Alberta, Canada Office of the Public Trustee Notice of Decision not to Intervene Limitations Act,

section 5.1(6)(

a) Date: (date of notice) To: (name of potential defendan t), potential defendant (address of potential defendant) To: (name of guardian), guardian of the minor, (name of minor) (address of guardian) This notice relates to the notice to proceed dated (date of notice to proceed) regarding a possible claim of the minor, (name of minor), against the potential defendant. The Public Trustee is satisfied that the guardian has the ability and intends to act in the best interest of the minor regarding the minor’s possible claim against the potential defendant. Accordingly, the Public Trustee has decided not to intervene in this matter. In accordance with

section 5.1( 4) of the Act, the limitation period applicable to the minor’s possible claim against the potential defendant began to run on the date the Public Trustee received the notice to proceed, which was (date notice to proceed received by Public Trustee). (signature of officer) Acting under the authority of the Public Trustee p u r s u a n t t o t h e Public Trustee Act

Schedule AR 204/2015 NOTICE TO THE PUBLIC TRUSTEE (MINISTERIAL) REGULATION 6 Note: The Public Trustee’s decision not to intervene in this matter does not affect the provisions of

section 4 of the Minors’ Property Act. Form 4 Province of Alberta, Canada Office of the Public Trustee Notice of Intention to act as Litigation Representative Limitations Act,

section 5.1(6)(

b) Date: (date of notice) To: (name of potential defendan t), potential defendant (address of potential defendant) To: (name of guardian), guardian of the minor, (name of minor) (address of guardian) This notice relates to the notice to proceed dated (date of notice to proceed) regarding a possible claim of the minor, (name of minor), against the potential defendant. The Public Trustee intends to act as litigation representative of the minor in relation to the claim.

The Public Trustee received th e notice to proceed on (date notice to proceed received by Public Trustee). (signature of officer) Acting under the authority of the Public Trustee p u r s u a n t t o t h e Public Trustee Act Consent of Guardian I, (name of guardian), guardian of the minor, (name of minor), consent to the Public Trustee acting as litigation representative to the minor in relation to the minor’s claim against the potential defendant. (signature of guardian)

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 204/2015
Type	regulation
Volume / chapter	2015 204
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	3c5ed314ab976a7cac67e853afdb04d5ae6535e3

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