Alberta Gazette — 13 February 2021 (Part II)
13 February 2021
Alberta — Gazette
Alberta Regulation 6/2021
Child, Youth and Family Enhancement Act
CHILD, YOUTH AND FAMILY ENHANCEMENT (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Minister of Children's Services (M.O. No. 2020-14)
on December 9, 2020 pursuant to
section 131(2) of the Child, Youth and Family
Enhancement Act.
1 The Child, Youth and Family Enhancement Regulation
(AR 160/2004) is amended by this Regulation.
Section 28, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "December 31, 2020" and substituting "December 31, 2025".
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Alberta Regulation 7/2021
Child, Youth and Family Enhancement Act
RESIDENTIAL FACILITIES LICENSING (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Minister of Children's Services (M.O. No. 2020-15)
on December 9, 2020 pursuant to
section 131(2) of the Child, Youth and Family
Enhancement Act.
1 The Residential Facilities Licensing Regulation
(AR 161/2004) is amended by this Regulation.
Section 33, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "December 31, 2020" and substituting "December 31, 2025".
Alberta Regulation 8/2021
Protection of Sexually Exploited Children Act
PROTECTION OF SEXUALLY EXPLOITED CHILDREN
(EXPIRY DATE EXTENSION) AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Minister of Children's Services (M.O. No. 2020-16)
on December 9, 2020 pursuant to
section 8(2) of the Protection of Sexually Exploited
Children Act.
1 The Protection of Sexually Exploited Children Regulation
(AR 194/2007) is amended by this Regulation.
Section 6, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "November 30, 2020" and substituting "November 30, 2025".
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Alberta Regulation 9/2021
Franchises Act
FRANCHISES (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 007/2021)
on January 20, 2021 pursuant to
section 20 of the Franchises Act.
1 The Franchises Regulation (AR 240/95) is amended by
this Regulation.
Section 9, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "November 30, 2020" and substituting "November 30, 2023".
Alberta Regulation 10/2021
Land Titles Act
METRIC CONVERSION (EXPIRY DATE REPEAL)
AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 008/2021)
on January 20, 2021 pursuant to
section 214 of the Land Titles Act.
1 The Metric Conversion Regulation (AR 22/2000) is
amended by this Regulation.
Section 9 is repealed.
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Alberta Regulation 11/2021
Justice of the Peace Act
JUSTICE OF THE PEACE (2017 COMPENSATION
COMMISSION REPORT) AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 010/2021)
on January 20, 2021 pursuant to
section 15 of the Justice of the Peace Act.
1 The Justice of the Peace Regulation (AR 6/99) is
amended by this Regulation.
Section 1(a.001) is amended by striking out "a full-time or a
part-time" and substituting "a full-time, part-time or ad hoc".
Section 6(1) is repealed and the following is substituted:
Remuneration - full-time justices of the peace
6(1) The annual salary for a full-time justice of the peace for the
period beginning on April 1, 2017 and ending on March 31, 2021 is
$151
Section 6.1 is amended by striking out "Commencing April
1, 2013, in addition" and substituting "In addition".
Section 8(1) is repealed and the following is substituted:
Remuneration - part-time and ad hoc justices of the peace
8(1) The remuneration for a part-time or an ad hoc justice of the
peace working an 8-hour shift for the period beginning on April 1,
2017 and ending on March 31, 2021 is $962.
Section 8.1(2) is repealed and the following is
substituted:
(2) Over and above the remuneration payable under
section 6 or 8,
as the case may be, a justice of the peace working an 8-hour shift is
entitled to the following payment for work during the following
times for the period beginning on April 1, 2017 and ending on March
31, 2021:
(
a) for a weekday evening shift, $54.25;
(
b) for a weekday night shift, $134.69;
(
c) for a weekend day shift, $54.24;
(
d) for a weekend evening shift, $82.45;
(
e) for a weekend night shift, $188.94;
(
f) for a holiday day shift, $82.45;
(
g) for a holiday evening shift, $108.49;
(
h) for a holiday night shift, $243.19.
Section 8.5 is amended
(
a) in subsection (1)
(
i) by striking out "Effective May 1, 2014, full-time"
and substituting "Full-time";
(ii) by repealing clause (
a) and substituting the
following:
(
a) a newly appointed justice is to receive the following, or
the equivalent of the following as determined by the
Deputy Chief Judge:
(i) 1 gown;
(ii) 1 waistcoat;
(iii) 3 shirts;
(iv) 3 tabs;
(v) 2 skirts or 2 pairs of pants or one of each;
(iii) in clause (
b) by adding ", or the equivalent as
determined by the Deputy Chief Judge," after "new
gown and waistcoat";
(
b) in subsection (2) by striking out "Effective May 1,
2014, subsection (1)(b)" and substituting "Subsection
(1)(b)".
8 Sections 3, 5 and 6 have effect on April 1, 2017.
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Alberta Regulation 12/2021
Provincial Court Act
MEDIATION RULES OF THE PROVINCIAL COURT
- CIVIL DIVISION AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 011/2021)
on January 20, 2021 pursuant to
section 9 of the Provincial Court Act.
1 The Mediation Rules of the Provincial Court - Civil
Division (AR 271/97) are amended by this Regulation.
2 The title of the Regulation is repealed and the following
is substituted:
PROVINCIAL COURT CIVIL
MEDIATION RULES
3 Rule 1 is amended
(
a) by repealing clause (
a) and substituting the
following:
(a) "Court" means the Provincial Court of Alberta;
(
b) by repealing clause (
c) and substituting the
following:
(c) "mediation co-ordinator" means a supervisor of the
program;
(
c) in clause (
d) by striking out "or under the auspices of the
Court" and substituting "the program";
(
d) in clause (
e) by striking out "by the Court or";
(
e) by adding the following after clause (e):
(f) "program" means the Provincial Court Civil Claims
Mediation Program administered by the Ministry of
Justice and Solicitor General.
4 Rule 2(1) is amended by striking out "counsel" and
substituting "lawyers or agents".
5 Rule 3 is repealed and the following is substituted:
Duty to notify client
3 On receipt of a notice under Rule 2 or 4.1(2), the lawyer or agent
for a party must immediately provide a copy of the notice to that
party.
6 The following is added after Rule 4:
Rescheduling of mediation session
4.1(1) Subject to Rule 15, a mediation session scheduled under
Rule 4 may be rescheduled
(
a) on a written request made to the mediation co-ordinator by
one of the parties,
(
i) with the written consent of the other parties, or
(ii) if the mediation co-ordinator is satisfied that the
assigned date is unreasonably inconvenient to that party,
(
b) on application to the Court.
(2) If the request or application for rescheduling of a mediation
session is approved under subrule (1), the mediation co-ordinator
must give notice of the rescheduled mediation session to all the
parties or, if the parties are represented, to the lawyers or agents of
the parties, as the case may be.
7 Rule 5 is repealed and the following is substituted:
Attendance and representation
5(1) All the parties receiving notice under Rule 2(1) or 4.1(2) must
attend at a mediation session.
(2) If a party is incorporated, the corporation must be represented by
a director, officer or employee of the corporation who has full
knowledge of the facts and unrestricted authority to resolve the
action on the corporation's behalf.
(3) A lawyer or agent may attend with, but not in place of, a party at
a mediation session.
(4) Other persons may attend with the consent of all the parties and
the mediation co-ordinator or the mediator.
8 Rule 6(2) is amended by striking out "or" at the end of
clause (a), by adding "or" at the end of clause (
b) and by
adding the following after clause (b):
(
c) to any threats of bodily harm made during or in connection
with a mediation session.
9 Rule 7 is amended by striking out "be impartial and shall".
10 Rule 8 is amended
(
a) in subrule (4) by striking out "taped" and
substituting "recorded";
(
b) in subrule (6) by striking out "or" at the end of
clause (a), by adding "or" at the end of clause (
b) and by adding the following after clause (b):
(
c) apply to any threats of bodily harm made during or in
connection with a mediation session.
11 Rule 12 is repealed.
12 Rule 13 is repealed and the following is substituted:
Notice of completion of mediation
13 Where the parties have completed a mediation session or any
party, a mediation co-ordinator or the mediator has terminated the
mediation session, all the parties must receive a notice of completion
of mediation.
13 Rule 14 is amended
(
a) in subrule (1) by striking out "a mediation co-ordinator
shall" and substituting "a mediation co-ordinator or
designate must";
(
b) in subrule (2) by striking out "2 days" and
substituting "7 days";
(
c) by adding the following after subrule (2):
(3) A mediation co-ordinator may, with the consent of all the
parties, reschedule a mediation session if a party did not attend a
scheduled mediation session or attended without the attendance
of any person required to attend or represent under Rule 5.
14 Rule 15 is amended
(
a) by striking out "3 months" and substituting "4
months";
(
b) by striking out "3-month period" and substituting
"4-month period".
15 Rule 16 is amended
(
a) by striking out "costs of $50" and substituting "costs of
up to $250";
(
b) by striking out "$50".
16 Rule 18 is amended by striking out "shall" and
substituting "must".
17 This Regulation has effect on February 1, 2021.
Alberta Regulation 13/2021
Provincial Offences Procedure Act
PROCEDURES AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 012/2021)
on January 20, 2021 pursuant to
section 42 of the Provincial Offences Procedure Act.
1 The Procedures Regulation (AR 63/2017) is amended by
this Regulation.
Section 1 is amended by adding the following after
clause (b):
(b.1) "First Nation bylaw" means a by-law made by a council of a
band in Alberta under the authority of the Indian Act
(Canada);
Section 2 is amended by adding the following after
clause (cc):
(dd) any First Nation bylaw.
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Alberta Regulation 14/2021
Post-secondary Learning Act
LAND USE (EXPIRY DATE EXTENSION)
AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 013/2021)
on January 20, 2021 pursuant to
section 124 of the Post-secondary Learning Act.
1 The Land Use Regulation (AR 54/2004) is amended by
this Regulation.
Section 12 is amended by striking out "May 31, 2021" and
substituting "May 31, 2024".
Alberta Regulation 15/2021
Child, Youth and Family Enhancement Act
COURT RULES AND FORMS (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 015/2021)
on January 20, 2021 pursuant to
section 131(1) of the Child, Youth and Family
Enhancement Act.
1 The Court Rules and Forms Regulation (AR 39/2002) is
amended by this Regulation.
Section 10, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "December 31, 2020" and substituting "December 31, 2025".
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Alberta Regulation 16/2021
Children First Act
DISCLOSURE OF INFORMATION (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 016/2021)
on January 20, 2021 pursuant to
section 6 of the Children First Act.
1 The Disclosure of Information Regulation (AR 231/2013)
is amended by this Regulation.
Section 3, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "January 30, 2021" and substituting "January 30, 2026".
Alberta Regulation 17/2021
Protection of Sexually Exploited Children Act
COURT FORMS AND PROCEDURES (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 017/2021)
on January 20, 2021 pursuant to
section 8(1) of the Protection of Sexually Exploited
Children Act.
1 The Court Forms and Procedures Regulation (AR 7/99) is
amended by this Regulation.
Section 6, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "November 30, 2020" and substituting "November 30, 2025".
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Alberta Regulation 18/2021
Alberta Investment Attraction Act
ALBERTA INVESTMENT ATTRACTION REGULATION
Filed: January 20, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 018/2021)
on January 20, 2021 pursuant to
section 14 of the Alberta Investment Attraction Act.
Authorized indemnities
1(1) This Regulation identifies indemnities that the Corporation may
provide in addition to those authorized by
section 9(1) of the Act.
(2) The Corporation may, under
section 9(3)(
b) of the Act, provide an
indemnity if the indemnity is in writing and is ancillary and incidental
to the business purpose of an agreement involving the Corporation and
that agreement is of a kind where no liability under the indemnity is
likely, based on the historical experience of giving similar indemnities,
to arise in the normal course of the performance of the agreement if the
agreement is properly performed.
Alberta Regulation 19/2021
Alberta Indigenous Opportunities Corporation Act
ALBERTA INDIGENOUS OPPORTUNITIES
CORPORATION AMENDMENT REGULATION
Filed: January 20, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 025/2021)
on January 20, 2021 pursuant to
section 14 of the Alberta Indigenous Opportunities
Corporation Act.
1 The Alberta Indigenous Opportunities Corporation
Regulation (AR 162/2019) is amended by this Regulation.
2 The following is added after
section 2:
Indemnities
2.1 The Corporation may, under
section 9(3)(
b) of the Act, provide
indemnities in writing of the type that the Crown may provide under
section 71(1)(a), (
b) or (
d) of the Financial Administration Act.
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Alberta Regulation 20/2021
Historical Resources Act
ARCHAEOLOGICAL AND PALAEONTOLOGICAL
RESEARCH PERMIT AMENDMENT REGULATION
Filed: January 22, 2021
For information only: Made by the Minister of Culture, Multiculturalism and Status
of Women (M.O. 02/21) on January 19, 2021 pursuant to
section 6(2) of the
Historical Resources Act.
1 The Archaeological and Palaeontological Research
Permit Regulation (AR 254/2002) is amended by this
Regulation.
Section 1(
g) is repealed and the following is substituted:
(g) "mitigative research project" means a specific research
program carried out for the purpose of assessing or
mitigating the impact of a development on archaeological or
palaeontological resources in any area that may be affected
by the development;
Section 5(1)(
c) is amended by striking out "typewritten or
computer printed".
Section 9 is amended
(
a) by repealing subsection (1) and substituting the
following:
Project report
9(1) An archaeological permit holder or palaeontological permit
holder must submit to the Minister a project report within 180
days after the expiration of the permit or within any additional
period specified in the permit.
(
b) in subsection (4)
(
i) in clause (
a) by striking out "proposed";
(ii) by repealing clause (
b) and substituting the
following:
(
b) describe the specific effect of the development on
each site in the area or areas that may be affected
by the development,
(iii) in clause (
d) by striking out "proposed";
(
c) in subsection (5) by striking out "must be typewritten
or computer printed and".
Section 11 is amended
(
a) in subsection (1)
(
i) in clause (
b) by striking out "typewritten or
computer printed";
(ii) in clause (
c) by adding ", including digital records,"
after "other records";
(
b) by adding the following after subsection (2):
(3) The material described in subsection (1)(
b) and (
c) must
be submitted in the form and manner required by the Minister.
Section 19, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "October 31, 202`0" and substituting "October 31, 2026".
Alberta Regulation 21/2021
Environmental Protection and Enhancement Act
POTABLE WATER (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: January 26, 2021
For information only: Made by the Minister of Environment and Parks (M.O. 33/2021)
on January 14, 2021 pursuant to
section 153 of the Environmental Protection and
Enhancement Act.
1 The Potable Water Regulation (AR 277/2003) is amended
by this Regulation.
Section 19, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "June 30, 2020" and substituting "June 30, 2022".
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Alberta Regulation 22/2021
Freedom of Information and Protection of Privacy Act
FREEDOM OF INFORMATION AND PROTECTION
OF PRIVACY AMENDMENT REGULATION
Filed: January 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 026/2021)
on January 27, 2021 pursuant to
section 94 of the Freedom of Information and
Protection of Privacy Act.
1 The Freedom of Information and Protection of Privacy
(Expiry Date Extension) Amendment Regulation (AR 248/2020)
is amended by this Regulation.
Section 2 is repealed and the following is substituted:
Section 21 is amended by striking out "June 30, 2020"
and substituting "June 30, 2022".
Alberta Regulation 23/2021
Judicature Act
ALBERTA RULES OF COURT (DIVORCE
PROCEEDINGS) AMENDMENT REGULATION
Filed: January 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 027/2021)
on January 27, 2021 pursuant to
section 28.1 of the Judicature Act.
1 The Alberta Rules of Court (AR 124/2010) are amended
by this Regulation.
2 Rules 3.10(1) and 6.1(
b) are amended by adding "another
rule otherwise provides," after "unless".
3 Rule 6.10(2)(
b) is amended by adding "or on the Court's own
motion" after "application".
4 Rule 12.1 is repealed and the following is substituted:
Definitions
12.1 In this Part,
(a) "action for unjust enrichment" means an action that is based
on the equitable doctrine of unjust enrichment between 2
parties who have lived together in a relationship of
interdependence;
(b) "designated authority" means
(
i) in respect of Alberta, a person or entity designated by
the Minister of Justice and Solicitor General to exercise
powers or perform duties or functions set out in sections
18.1 to 19.1 of the Divorce Act (Canada) in Alberta, and
(ii) in respect of a province other than Alberta, a person or
entity designated by that province to exercise powers or
perform duties or functions set out in sections 18.1 to
19.1 of the Divorce Act (Canada) in that province;
(c) "designated jurisdiction" means a jurisdiction outside Canada
declared to be a reciprocating jurisdiction in the
Interjurisdictional Support Orders Regulation (AR 4/2003);
(d) "party", in respect of a proceeding under the Family Law Act,
includes a public official, including the Director acting under
Part 5 of the Income and Employment Supports Act, who,
pursuant to any enactment, has the right to commence,
defend, intervene in or take any step in respect of the
application and exercises that right;
(e) "responsible authority" means a person or entity that
performs duties or functions in a designated jurisdiction that
are similar to the duties or functions under
section 19(4) of
the Divorce Act (Canada) that are performed in Alberta by
the designated authority.
5 Rule 12.2(
j) is repealed.
6 Rule 12.6(2)(
a) is amended by striking out "guardianship,
custody, access, parenting or contact dispute" and substituting
"dispute regarding guardianship, custody, access, parenting time,
decision-making responsibility or contact".
7 Rule 12.14 is amended by striking out "outside Alberta" and
substituting "in a province other than Alberta".
8 Rule 12.26 is amended
(
a) by repealing subrule (1) and substituting the
following:
Application under Divorce Act (Canada) to recognize
decision of competent authority varying parenting
or contact order
12.26(1) An application under
section 22.1 of the Divorce Act
(Canada) to recognize a decision of a competent authority that
has the effect of varying, rescinding or suspending a parenting
or contact order
made under that Act must be commenced
(
a) by filing the following in accordance with rule 12.44, if
the parenting or contact order that the decision varies,
rescinds or suspends was made by the Court:
(
i) a family application in Form FL-18;
(ii) a supporting affidavit,
(
b) by filing the following, if the parenting or contact order
that the decision varies, rescinds or suspends was made
by a court in a province other than Alberta:
(
i) an originating application in accordance with rule
3.8(1);
(ii) a supporting affidavit in accordance with rule
3.8(2) to which are attached as exhibits
(
A) a copy of the parenting or contact order that
the decision varies, rescinds or suspends, and
(
B) copies of all other orders, if any, relating to
the parties' parenting or contact in respect of
the child or children to whom the application
relates.
(1.1) Unless the Court otherwise orders, a person may make an
application referred to in subrule (1)(
a) or (
b) despite not being
a party to the proceeding or action.
(1.2) Where a person has obtained
(
a) a parenting order under paragraph 16.1(1)(
b) of the
Divorce Act (Canada),
(
b) a contact order under
section 16.5 of the Divorce Act
(Canada), or
(
c) a variation order under subparagraph 17(1)(b)(ii) or
paragraph 17(1)(
c) of the Divorce Act (Canada)
and an application is made under subrule (1)(
a) or (
b) that may
affect the person's parenting time, decision-making
responsibility or contact under the order, the person is a
respondent to the application for the purposes of subrules (3)
and (4).
(
b) by repealing subrule (2);
(
c) in subrule (3) in the portion preceding clause (
a) by
striking out "or (2)";
(
d) by repealing subrule (5) and substituting the
following:
(5) Where under this rule the Court recognizes a decision of a
competent authority that has the effect of varying, rescinding
or suspending a parenting or contact order made by a court in a
province other than Alberta, the court clerk must send a
certified copy of the Court's decision to the court that made the
order in the other province.
9 Rules 12.34(1) and 12.37(1) are amended by adding "and"
at the end of clause (a), striking out "and" at the end of
clause (
b) and repealing clause (c).
10 Rule 12.38(1)(
f) is repealed.
11 Rule 12.43(1) is amended
(
a) by adding the following after clause (b):
(b.1) an application under
section 22.1 of the Divorce Act
(Canada) to recognize a decision of a competent
authority that has the effect of varying, rescinding or
suspending a parenting or contact order made under that
Act by a court in a province other than Alberta,
(
b) by repealing clause (c).
12 Rule 12.44 is amended by adding the following after
subrule (2):
(3) Where in the course of a proceeding or action under the Divorce
Act (Canada),
(
a) a person referred to in paragraph 16.1(1)(
b) of that Act
wishes to make an application for a parenting order or an
interim parenting order, including an application for
permission to apply for such an order, or
(
b) a person referred to in subsection 16.5(1) of that Act wishes
to make an application for a contact order or an interim
contact order, including an application for permission to
apply for such an order,
the application must be made by filing a family application in Form
FL-18 and an affidavit in support of the application in accordance
with subrule (1)(a).
(4) Unless the Court otherwise orders, a person referred to in
subrule (3) may make the application despite not being a party to the
proceeding or action.
(5) Despite rule 6.3(3) and subrule (1)(b), the application and
affidavit referred to in subrule (3) and any other evidence in support
of the application must be served on the respondent in the manner set
out in rule 12.55 20 days or more before the date the application is to
be heard or considered.
(6) Despite rule 6.6(1) and subrule (2), if a respondent to the
application referred to in subrule (3) intends to rely on an affidavit or
other evidence when the application is heard or considered, the
respondent must reply by serving on the applicant a copy of the
affidavit or other evidence within a reasonable time before the date
the application is to be heard or considered, but anything less than 10
days' notice will be presumed to be prejudicial to the applicant.
13 Rule 12.45 is amended
(
a) by repealing subrule (1) and substituting the
following:
Application after order or judgment under
Divorce Act (Canada)
12.45(1) Subject to subrule (4), an application
(
a) to vary, suspend or rescind an order of the Court in a
proceeding under the Divorce Act (Canada),
(
b) for corollary relief after the Court has rendered a
divorce judgment,
(
c) for a parenting order or an interim parenting order,
including an application for permission to apply for
such an order, made by a person referred to in paragraph
16.1(1)(
b) of the Divorce Act (Canada),
(
d) for a contact order or an interim contact order, including
an application for permission to apply for such an order,
made by a person referred to in subsection 16.5(1) of
the Divorce Act (Canada),
(
e) for an order to vary, suspend or rescind a parenting
order, including an application for permission to apply
for such an order, made by a person referred to in
subparagraph 17(1)(b)(ii) of the Divorce Act (Canada),
(
f) for an order to vary, suspend or rescind a contact order
made by a person referred to in paragraph 17(1)(
c) of
the Divorce Act (Canada)
must be made by filing a family application in Form FL-18
accompanied with an affidavit in support of the application in
accordance with rule 12.44(1)(a).
(1.1) If the order that is the subject of an application under
subrule (1) was made by a court in a province other than
Alberta and is not already registered in Alberta, a certified
copy of the order must be filed in accordance with rule 12.52
before the application is filed.
(1.2) Unless the Court otherwise orders, a person may make an
application referred to in subrule (1)(
c) to (
f) despite not being
a party to the proceeding or action.
(1.3) Where a person has obtained
(
a) a parenting order under paragraph 16.1(1)(
b) of the
Divorce Act (Canada),
(
b) a contact order under
section 16.5 of the Divorce Act
(Canada), or
(
c) a variation order under subparagraph 17(1)(b)(ii) or
paragraph 17(1)(
c) of the Divorce Act (Canada)
and an application is made under subrule (1) that may affect the
person's parenting time, decision-making responsibility or
contact under the order, the person is a respondent to the
application for the purposes of subrules (2) and (3).
(
b) by adding the following after subrule (3):
(4) This rule does not apply to
(
a) an application under paragraph 17(1)(
a) of the Divorce
Act (Canada) to vary, suspend or rescind a support order
where one of the former spouses habitually resides in a
province other than Alberta,
(
b) an application under
section 18.1, 19 or 19.1 of the
Divorce Act (Canada), or
(
c) an application under subparagraph 17(1)(b)(
i) of the
Divorce Act (Canada) that is combined with an
application under clause (
a) or (b).
(5) Where the Court grants an order that varies, suspends or
rescinds an order filed in accordance with rule 12.52, the court
clerk must send a certified copy of the Court's order to the court
that made the original order and to any other court in a province
other than Alberta that varied the original order.
14 The following is added after rule 12.45:
Application to vary, suspend or rescind a support order under the
Divorce Act (Canada) where one former spouse resides in another
province
12.451(1) Unless the applicant elects to proceed under
section
18.1 of the Divorce Act (Canada) and rule 12.46, an application
that seeks to vary, suspend or rescind a support order under that
Act where one of the former spouses habitually resides in Alberta
and the other spouse habitually resides in a province other than
Alberta must be made by filing a family application in Form FL-19
and an affidavit in support of the application.
(2) If the order that is the subject of an application under subrule
(1) was made by a court in a province other than Alberta,
(
a) if the order is not already registered in Alberta, a
certified copy of the order must be filed in accordance
with rule 12.52 before the application is filed, and
(
b) a copy of the order filed in accordance with rule 12.52
and copies of all other orders that have been made by
any court relating to the order that is sought to be
varied, suspended or rescinded must be attached as
exhibits to the affidavit.
(3) Despite rules 6.3(3) and 12.44(1)(b), the applicant must serve
the respondent and any order assignee known to the applicant with
(
a) the application and affidavit, and
(
b) a blank copy of Form FL-19.1
in the manner set out in rule 12.55 40 days or more before the
application is to be heard or considered.
(4) Despite rules 6.6(1) and 12.44(2), if the respondent or an order
assignee intends to rely on an affidavit or other evidence when the
application is heard or considered, the respondent or order assignee
must reply by serving on the applicant a copy of the affidavit or
other evidence within a reasonable time before the date the
application is to be heard or considered, but anything less than 10
days' notice will be presumed to be prejudicial to the applicant.
(5) Where a respondent or an order assignee wishes to request
under
section 18.2 of the Divorce Act (Canada) that the Court
convert an application referred to in subrule (1) into an application
under subsection 18.1(3) of that Act, the respondent or order
assignee must, within 40 days after being served with the
application, file and serve on the applicant a request to convert,
which may be in Form FL-19.1 or in any other form that
(
a) clearly indicates the respondent or order assignee is
requesting that the application be converted under
section 18.2 of that Act, and
(
b) includes an address for service for the respondent or
order assignee in the other province.
(6) Where the Court issues a direction under subsection 18.2(2) or
paragraph 18.3(1)(
b) of the Divorce Act (Canada) that an
application referred to in subrule (1) be considered as an
application under subsection 18.1(3) of that Act, the Court must
make an order in Form FL-31.1 to that effect and the court clerk
must forward a copy of the order, along with the application and
all evidence filed in support of the application, to the designated
authority in Alberta.
(7) In this rule, "order assignee" means a minister, member,
agency or public body to whom a child support order that is the
subject of an application under this rule has been assigned in
accordance with subsection 20.1(1) of the Divorce Act (Canada).
15 Rules 12.46 and 12.47 are repealed and the following is
substituted:
Outgoing interjurisdictional application to obtain, vary, suspend or
rescind a support order -
section 18.1 of the Divorce Act (Canada)
12.46(1) A former spouse may, where the respondent habitually
resides in a province other than Alberta, make an application
(
a) to obtain a support order under
section 18.1 of the
Divorce Act (Canada), or
(
b) to vary, suspend or rescind a support order under
section 18.1 of the Divorce Act (Canada)
by filing the applicable forms established by the Minister under
section 38 of the Interjurisdictional Support Orders Act.
(2) If the order that is the subject of an application under subrule
(1)(
b) was made by a court in a province other than Alberta and the
order is not already registered in Alberta, a certified copy of the
order must be filed in accordance with rule 12.52 before the
application is filed.
(3) When the court clerk is satisfied the application is complete,
the court clerk must forward the application to the designated
authority in Alberta.
(4) The applicant is not required to serve the documents filed
under subrule (1) on the respondent in the other province.
(5) If the applicant's contact information changes before a final
order is made by the court in the other province, the applicant must
advise the court clerk of the changes, in writing, without delay.
(6) If the Court receives a notice that the court in the province
where the respondent habitually resides requires further evidence
from the applicant, the court clerk must forward the notice to the
applicant by ordinary mail.
(7) When the Court receives an order from the court in the
province where the respondent habitually resides, the court clerk
must file the order and forward a copy to the applicant by ordinary
mail.
Incoming interjurisdictional applications to obtain, vary, suspend or
rescind a support order -
section 18.1 or 19 of the Divorce Act
(Canada)
12.47(1) This rule applies to
(
a) an application under
section 18.1 of the Divorce Act
(Canada) that is received by the Court from a designated
authority in another province, and
(
b) an application under
section 19 of the Divorce Act
(Canada) that is received by the Court from a
responsible authority in a designated jurisdiction.
(2) Where the Court receives an application referred to in subrule
(1)(
a) or (b), the court clerk must, one month or more before the
application is to be heard or considered, serve the respondent with
(
a) the application and all supporting documents received
from the designated authority in the other province or
from the responsible authority in the designated
jurisdiction, as the case may be,
(
b) a notice of interjurisdictional support hearing in Form
FL-20, and
(
c) a blank copy of ISO Form I and ISO Form L established
under
section 38 of the Interjurisdictional Support
Orders Act, along with information as to where the
respondent may locate other forms established under
that
section that may be relevant to respond to the
application.
(3) If the respondent intends to rely on an affidavit or other
evidence when the application is heard or considered, the
respondent must reply by filing ISO Form I and ISO Form L
established under
section 38 of the Interjurisdictional Support
Orders Act, along with any other forms established under that
section that may be relevant to respond to the application, within a
reasonable time before the date the application is to be heard or
considered.
(4) The respondent is not required to serve the documents filed
under subrule (3) on the applicant.
(5) Where the Court makes an order that further evidence is
required from the applicant, the court clerk must forward a copy of
the order by ordinary mail to the applicant and to the designated
authority in Alberta.
(6) On receipt of the applicant's further evidence, the court clerk
must file the evidence and serve it on the respondent along with
(
a) a notice of interjurisdictional support hearing in Form
FL-20, if no adjournment date was set by the Court
when making the order under subrule (5), or
(
b) a reminder of the hearing date, if an adjournment date
was set by the Court when making the order under
subrule (5).
(7) If the applicant's further evidence is not received within 12
months after the day on which the order was forwarded to the
applicant under subrule (5), the court clerk must serve the
applicant and the respondent
(
a) with a notice of interjurisdictional support hearing in
Form FL-20, if no adjournment date was set by the
Court when making the order under subrule (5), or
(
b) with a reminder of the hearing date, if an adjournment
date was set by the Court when making the order
referred to in subrule (5).
(8) Service on the applicant and the respondent for the purpose of
subrule (6) or (7) may be effected by ordinary mail.
(9) Where the court makes a final order, the court clerk must
forward a certified copy of the final order, along with a copy of any
evidence the respondent filed with the court for the purpose of the
application, to the designated authority in Alberta and to the
applicant.
16 Rule 12.50(3)(
d) is amended by striking out "solicitor"
and substituting "lawyer".
17 Rule 12.52 is repealed and the following is substituted:
Registration of order made in another province under the Divorce Act
(Canada)
12.52 An order made under the Divorce Act (Canada) by a court in
a province other than Alberta respecting child support, spousal
support, parenting time, decision-making responsibility or contact
may be registered in Alberta by filing a certified copy of the order
with the court clerk, and on that being done the clerk must enter the
order as an order of the Court.
18 Rule 12.53 is amended
(
a) by renumbering it as rule 12.53(1);
(
b) in subrule (1) by striking out "and" at the end of
clause (f), adding "and" at the end of clause (
g) and
adding the following after clause (g):
(
h) an order under rule 12.451(6), the order must be in
Form FL-31.1.
(
c) by adding the following after subrule (1):
(2) Every judgment or order for parenting time,
decision-making responsibility, contact, child support or
spousal or partner support must include a reference within its
preamble stating the name of the enactment under which the
judgment or order is granted.
(3) Subject to
section 16.6 of the Divorce Act (Canada), if a
parenting plan is submitted to the Court in support of a consent
judgment or order for parenting time, decision-making
responsibility or contact,
(
a) the consent judgment or order must set out the specific
parenting time, decision-making responsibility or
contact terms that the parties to the parenting plan have
agreed to include in the consent judgment or order, and
(
b) the parenting plan must be attached as a
schedule to the
consent judgment or order.
19 Rule 12.55(1) is amended by adding the following after
clause (e):
(e.1) a family application under
section 22.1 of the Divorce Act
(Canada) for recognition of a decision made by a competent
authority that has the effect of varying, rescinding or
suspending a parenting order or contact order made under
that Act, and any affidavit in support of the application;
(e.2) a family application
(
i) for a parenting order or an interim parenting order,
including an application for permission to apply for
such an order, made by a person referred to in paragraph
16.1(1)(
b) of the Divorce Act (Canada),
(ii) for a contact order or an interim contact order, including
an application for permission to apply for such an order,
made by a person referred to in subsection 16.5(1) of
the Divorce Act (Canada),
(iii) for an order to vary, suspend or rescind a parenting
order, including an application for permission to apply
for such an order, made by a person referred to in
subparagraph 17(1)(b)(ii) of the Divorce Act (Canada),
(iv) for an order to vary, suspend or rescind a contact order,
made by a person referred to in paragraph 17(1)(
c) of
the Divorce Act (Canada),
and any affidavit in support of the application;
20 Rule 14.14(2)(
b) is amended by striking out "custody,
access, parenting or support of a child" and substituting "custody,
access, guardianship, parenting time, decision-making responsibility,
contact or support in respect of a child".
Schedule A is amended
(
a) in the table preceding Form FL-1 by striking out the
following:
Provisional Order Information Form
12.46(1)
FL-19
Notice of Confirmation Hearing
12.47(1)(
a) FL-20
Request for Divorce (without oral
evidence)
12.50(3)
FL-21
Joint Request for Divorce (without oral
evidence)
12.50(3)
FL-22
Affidavit of Applicant for Divorce
12.50(3)
FL-23
Affidavit of Applicants for Divorce
(Joint)
12.50(3)
FL-24
Divorce Judgment (without oral evidence)
12.53(
a) FL-25
Divorce Judgment and Corollary Relief
Order (without oral evidence)
12.53(
b) FL-26
Corollary Relief Order
12.53(
c) FL-27
Variation Order
12.53(
d) FL-28
Order for Exclusive Possession of
Family/Matrimonial Home
12.53(e),
(e.1)
FL-29
Restraining Order Without Notice
12.53(
f) FL-30
Restraining Order
12.53(
g) FL-31
and substituting the following:
Family Application to Vary Support
Under the Divorce Act (Canada) Where
Respondent Lives in Another Canadian
Province/Territory
12.451(1)
FL-19
Request to Convert -
Section 18.2 of the
Divorce Act (Canada)
12.451(3),
(5) FL-19.1
Notice of Interjurisdictional Support
Hearing -
Section 18.1 or 19 of the
Divorce Act (Canada)
12.47(2)(b),
(6)(a), (7)(
a) FL-20
Request for Divorce (without oral
evidence)
12.50(3)(
a) FL-21
Joint Request for Divorce (without oral
evidence)
12.50(3)(
a) FL-22
Affidavit of Applicant for Divorce
12.50(3)(
b) FL-23
Affidavit of Applicants for Divorce
(Joint)
12.50(3)(
b) FL-24
Divorce Judgment (without oral evidence)
12.50(3)(c),
12.53(1)(
a) FL-25
Divorce Judgment and Corollary Relief
Order (without oral evidence)
12.50(3)(c),
12.53(1)(
b) FL-26
Corollary Relief Order
12.53(1)(
c) FL-27
Variation Order
12.53(1)(
d) FL-28
Order for Exclusive Possession of
Family/Matrimonial Home
12.53(1)(e),
(e.1)
FL-29
Restraining Order Without Notice
12.53(1)(
f) FL-30
Restraining Order
12.53(1)(
g) FL-31
Conversion Order
12.451(6),
12.53(1)(
h) FL-31.1
(
b) in Form FL-1
(
i) in paragraph 1 by repealing subparagraphs
(3) and (4) and substituting the following:
(3) Particulars respecting the Plaintiff:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(4) Particulars respecting the Defendant:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(ii) in paragraph 2 by striking out "ordinarily" and
substituting "habitually";
(iii) in paragraph 6 by repealing subparagraphs
(2) to (4) and substituting the following:
(2) The Plaintiff proposes parenting arrangements for
each child as follows:
(Describe the proposed allocation of parenting
time and decision-making responsibility between
the parties.)
(3) If written notice of a change of residence or
relocation is required to be given under
section
16.8 or 16.9 of the Divorce Act (Canada), the
Plaintiff proposes that notice be given as follows:
(
a) The Plaintiff will provide written notice to
the Defendant by: (specify how the written
notice will be delivered to the Defendant, e.g.
by mail, in person, by email, etc.)
(
b) The Defendant will provide written notice to
the Plaintiff by: (specify how the written
notice will be delivered to the Plaintiff, e.g.
by mail, in person, by email, etc.)
(4) The Plaintiff proposes financial arrangements for
each child as follows:
(iv) in paragraph 7 by striking out "custody, access,
parenting" and substituting "parenting";
(
v) by repealing paragraph 8 and substituting the
following:
8(1) The details of any other court proceedings in
regard to the marriage, parenting arrangements and
support of the children or support of the parties are
as follows:
(2) The details of any
(
a) court proceedings for a civil or family
restraining order or a protection order under
the Protection Against Family Violence Act,
(
b) court proceedings, agreements or measures
relating to child protection, or
(
c) proceedings, undertakings or recognizances
relating to any matter of a criminal nature
involving the parties, and the details of any orders
in effect relating to any of these matters, are as
follows:
(vi) in paragraph 10 by striking out the following:
[] custody as proposed above;
[] access or parenting arrangements as proposed
above;
and substituting the following:
[] parenting arrangements as proposed above;
(vii) by striking out the following:
Statement of Solicitor
(where Plaintiff has a lawyer)
I, , the solicitor for the Plaintiff, certify to the
Court that I have complied with the requirements of
section 9 of the
Divorce Act (Canada).
DATED at , Alberta, this day
of , 20 .
olicitor for the Plaintiff
and substituting the following:
Statement of Plaintiff
I, , the Plaintiff, certify to the Court that I am aware
of the following duties imposed on me by sections 7.1 to 7.5 of the
Divorce Act (Canada):
1. I will exercise any parenting time, decision-making
responsibilities or contact with the child(ren) of the marriage
in a manner consistent with the best interests of the
child(ren).
2. I will protect the child(ren) of the marriage from conflict
arising from these legal proceedings, to the best of my
ability.
3. I will try to resolve the matters that may be the subject of an
order under the Act through a family dispute resolution
process, to the extent that it is appropriate to do so.
4. I will provide complete, accurate and up-to-date information
if required to do so under the Act.
5. If I am subject to an order made under the Act, I will comply
with the order until it is no longer in effect.
DATED at , Alberta, this day of
, 20 .
Signature of Plaintiff
Statement of Lawyer
(where Plaintiff has a lawyer)
I, ___________________, the lawyer for the Plaintiff, certify to the
Court that I have complied with the requirements of
section 7.7 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Lawyer for the Plaintiff
(
c) in Form FL-3
(
i) in paragraph 1 by repealing subparagraphs
(3) and (4) and substituting the following:
(3) Particulars respecting the Plaintiff:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(4) Particulars respecting the Defendant:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(ii) in paragraph 2 by striking out "ordinarily" and
substituting "habitually";
(iii) in paragraph 6 by repealing subparagraphs
(2) to (4) and substituting the following:
(2) The Plaintiff proposes parenting arrangements for
each child as follows:
(Describe the proposed allocation of parenting
time and decision-making responsibility between
the parties.)
(3) If written notice of a change of residence or
relocation is required to be given under
section
16.8 or 16.9 of the Divorce Act (Canada), the
Plaintiff proposes that notice be given as follows:
(
a) The Plaintiff will provide written notice to
the Defendant by: (specify how the written
notice will be delivered to the Defendant, e.g.
by mail, in person, by email, etc.)
(
b) The Defendant will provide written notice to
the Plaintiff by: (specify how the written
notice will be delivered to the Plaintiff, e.g.
by mail, in person, by email, etc.)
(4) The Plaintiff proposes financial arrangements for
each child as follows:
(iv) in paragraph 7 by striking out "custody, access,
parenting" and substituting "parenting";
(
v) by repealing paragraph 8 and substituting the
following:
8(1) The details of any other court proceedings in
regard to the marriage, parenting arrangements and
support of the children or support of the parties are
as follows:
(2) The details of any
(
a) court proceedings for a civil or family
restraining order or for a protection order
under the Protection Against Family Violence
Act,
(
b) court proceedings, agreements or measures
relating to child protection, or
(
c) proceedings, undertakings or recognizances
relating to any matter of a criminal nature
involving the parties, and the details of any orders
in effect relating to any of these matters, are as
follows:
(vi) in paragraph 17 by striking out the following:
[] custody as proposed above;
[] access or parenting arrangements as proposed
above;
and substituting the following:
[] parenting arrangements as proposed above;
(vii) by striking out the following:
Statement of Solicitor
(where Plaintiff has a lawyer)
I, , the solicitor for the Plaintiff, certify to the
Court that I have complied with the requirements of
section 9 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Solicitor for the Plaintiff
and substituting the following:
Statement of Plaintiff
I, , the Plaintiff, certify to the Court that I am
aware of the following duties imposed on me by sections 7.1 to 7.5 of
the Divorce Act (Canada):
1. I will exercise any parenting time, decision-making
responsibilities or contact with the child(ren) of the marriage
in a manner consistent with the best interests of the
child(ren).
2. I will protect the child(ren) of the marriage from conflict
arising from these legal proceedings, to the best of my
ability.
3. I will try to resolve the matters that may be the subject of an
order under the Act through a family dispute resolution
process, to the extent that it is appropriate to do so.
4. I will provide complete, accurate and up-to-date information
if required to do so under the Act.
5. If I am subject to an order made under the Act, I will comply
with the order until it is no longer in effect.
DATED at , Alberta, this day of
, 20 .
Signature of Plaintiff
Statement of Lawyer
(where Plaintiff has a lawyer)
I, , the lawyer for the Plaintiff, certify to the Court
that I have complied with the requirements of
section 7.7 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Lawyer for the Plaintiff
(
d) in Form FL-3.1
(
i) in paragraph 1 by repealing subparagraphs
(3) and (4) and substituting the following:
(3) Particulars respecting the Plaintiff:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(4) Particulars respecting the Defendant:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(ii) in paragraph 2 by striking out "ordinarily" and
substituting "habitually";
(iii) in paragraph 6 by repealing subparagraphs
(2) to (4) and substituting the following:
(2) The Plaintiff proposes parenting arrangements for
each child as follows:
(Describe the proposed allocation of parenting
time and decision-making responsibility between
the parties.)
(3) If written notice of a change of residence or
relocation is required to be given under
section
16.8 or 16.9 of the Divorce Act (Canada), the
Plaintiff proposes that notice be given as follows:
(
a) The Plaintiff will provide written notice to
the Defendant by: (specify how the written
notice will be delivered to the Defendant, e.g.
by mail, in person, by email, etc.)
(
b) The Defendant will provide written notice to
the Plaintiff by: (specify how the written
notice will be delivered to the Plaintiff, e.g.
by mail, in person, by email, etc.)
(4) The Plaintiff proposes financial arrangements for
each child as follows:
(iv) in paragraph 7 by striking out "custody, access,
parenting" and substituting "parenting";
(
v) by repealing paragraph 8 and substituting the
following:
8(1) The details of any other court proceedings in
regard to the marriage, parenting arrangements and
support of the children or support of the parties are
as follows:
(2) The details of any
(
a) court proceedings for a civil or family
restraining order or for a protection order
under the Protection Against Family Violence
Act,
(
b) court proceedings, agreements or measures
relating to child protection, or
(
c) proceedings, undertakings or recognizances
relating to any matter of a criminal nature
involving the parties, and the details of any orders
in effect relating to any of these matters, are as
follows:
(vi) in paragraph 16 by striking out the following:
[] custody as proposed above;
[] access or parenting arrangements as proposed
above;
and substituting the following:
[] parenting arrangements as proposed above;
(vii) by striking out the following:
Statement of Solicitor
(where Plaintiff has a lawyer)
I, , the solicitor for the Plaintiff, certify to the
Court that I have complied with the requirements of
section 9 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Solicitor for the Plaintiff
and substituting the following:
Statement of Plaintiff
I, , the Plaintiff, certify to the Court that I am
aware of the following duties imposed on me by sections 7.1 to 7.5 of
the Divorce Act (Canada):
1. I will exercise any parenting time, decision-making
responsibilities or contact with the child(ren) of the marriage
in a manner consistent with the best interests of the
child(ren).
2. I will protect the child(ren) of the marriage from conflict
arising from these legal proceedings, to the best of my
ability.
3. I will try to resolve the matters that may be the subject of an
order under the Act through a family dispute resolution
process, to the extent that it is appropriate to do so.
4. I will provide complete, accurate and up-to-date information
if required to do so under the Act.
5. If I am subject to an order made under the Act, I will comply
with the order until it is no longer in effect.
DATED at , Alberta, this day of
, 20 .
Signature of Plaintiff
Statement of Lawyer
(where Plaintiff has a lawyer)
I, , the lawyer for the Plaintiff, certify to the Court
that I have complied with the requirements of
section 7.7 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Lawyer for the Plaintiff
(
e) in Forms FL-4 and FL-4.1
(
i) in paragraph 2 by adding the following after
clause (c):
(
d) The details of any
(
i) court proceedings for a civil or family
restraining order or for a protection order
under the Protection Against Family Violence
Act,
(ii) court proceedings, agreements or measures
relating to child protection, or
(iii) proceedings, undertakings or recognizances
relating to any matter of a criminal nature
involving the parties, and the details of any orders
in effect relating to any of these matters, are as
follows:
(ii) by adding the following after paragraph 4:
Statement of Defendant
I, , the Defendant, certify to the Court that I am
aware of the following duties imposed on me by sections 7.1 to 7.5 of
the Divorce Act (Canada):
1. I will exercise any parenting time, decision-making
responsibilities or contact with the child(ren) of the marriage
in a manner consistent with the best interests of the
child(ren).
2. I will protect the child(ren) of the marriage from conflict
arising from these legal proceedings, to the best of my
ability.
3. I will try to resolve the matters that may be the subject of an
order under the Act through a family dispute resolution
process, to the extent that it is appropriate to do so.
4. I will provide complete, accurate and up-to-date information
if required to do so under the Act.
5. If I am subject to an order made under the Act, I will comply
with the order until it is no longer in effect.
DATED at , Alberta, this day of
, 20 .
Signature of Defendant
Statement of Lawyer
(where Defendant has a lawyer)
I, , the lawyer for the Defendant, certify to the
Court that I have complied with the requirements of
section 7.7 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
______________________
Lawyer for the Defendant
(
f) in Form FL-5
(
i) in paragraph 1 by repealing subparagraphs
(3) and (4) and substituting the following:
(3) Particulars respecting the Defendant:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(4) Particulars respecting the Plaintiff:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(ii) in paragraph 2 by striking out "ordinarily" and
substituting "habitually";
(iii) in paragraph 6 by repealing subparagraphs
(2) to (4) and substituting the following:
(2) The Defendant proposes parenting arrangements
for each child as follows:
(Describe the proposed allocation of parenting
time and decision-making responsibility between
the parties.)
(3) If written notice of a change of residence or
relocation is required to be given under
section
16.8 or 16.9 of the Divorce Act (Canada), the
Defendant proposes that notice be given as
follows:
(
a) The Plaintiff will provide written notice to
the Defendant by: (specify how the written
notice will be delivered to the Defendant, e.g.
by mail, in person, by email, etc.)
(
b) The Defendant will provide written notice to
the Plaintiff by: (specify how the written
notice will be delivered to the Plaintiff, e.g.
by mail, in person, by email, etc.)
(4) The Defendant proposes financial arrangements
for each child as follows:
(iv) in paragraph 7 by striking out "custody, access,
parenting" and substituting "parenting";
(
v) by repealing paragraph 8 and substituting the
following:
8(1) The details of any other court proceedings in
regard to the marriage, parenting arrangements and
support of the children or support of the parties are
as follows:
(2) The details of any
(
a) court proceedings for a civil or family
restraining order or for a protection order
under the Protection Against Family Violence
Act,
(
b) court proceedings, agreements or measures
relating to child protection, or
(
c) proceedings, undertakings or recognizances
relating to any matter of a criminal nature
involving the parties, and the details of any orders
in effect relating to any of these matters, are as
follows:
(vi) in paragraph 10 by striking out the following:
[] custody as proposed above;
[] access or parenting arrangements as proposed
above;
and substituting the following:
[] parenting arrangements as proposed above;
(vii) by striking out the following:
Statement of Solicitor
(where Defendant has a lawyer)
I, , the solicitor for the Defendant, certify to the
Court that I have complied with the requirements of
section 9 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Solicitor for the Defendant
and substituting the following:
Statement of Defendant
I, , the Defendant, certify to the Court that I am
aware of the following duties imposed on me by sections 7.1 to 7.5 of
the Divorce Act (Canada):
1. I will exercise any parenting time, decision-making
responsibilities or contact with the child(ren) of the marriage
in a manner consistent with the best interests of the
child(ren).
2. I will protect the child(ren) of the marriage from conflict
arising from these legal proceedings, to the best of my
ability.
3. I will try to resolve the matters that may be the subject of an
order under the Act through a family dispute resolution
process, to the extent that it is appropriate to do so.
4. I will provide complete, accurate and up-to-date information
if required to do so under the Act.
5. If I am subject to an order made under the Act, I will comply
with the order until it is no longer in effect.
DATED at , Alberta, this day of
, 20 .
Signature of Defendant
Statement of Lawyer
(where Defendant has a lawyer)
I, , the lawyer for the Defendant, certify to the
Court that I have complied with the requirements of
section 7.7 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Lawyer for the Defendant
(
g) in Form FL-7
(
i) in paragraph 1 by repealing subparagraphs
(3) and (4) and substituting the following:
(3) Particulars respecting the Defendant:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(4) Particulars respecting the Plaintiff:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(ii) in paragraph 2 by striking out "ordinarily" and
substituting "habitually";
(iii) in paragraph 6 by repealing subparagraphs
(2) to (4) and substituting the following:
(2) The Defendant proposes parenting arrangements
for each child as follows:
(Describe the proposed allocation of parenting
time and decision-making responsibility between
the parties.)
(3) If written notice of a change of residence or
relocation is required to be given under
section
16.8 or 16.9 of the Divorce Act (Canada), the
Defendant proposes that notice be given as
follows:
(
a) The Plaintiff will provide written notice to
the Defendant by: (specify how the written
notice will be delivered to the Defendant, e.g.
by mail, in person, by email, etc.)
(
b) The Defendant will provide written notice to
the Plaintiff by: (specify how the written
notice will be delivered to the Plaintiff, e.g.
by mail, in person, by email, etc.)
(4) The Defendant proposes financial arrangements
for each child as follows:
(iv) in paragraph 7 by striking out "custody, access,
parenting" and substituting "parenting";
(
v) by repealing paragraph 8 and substituting the
following:
8(1) The details of any other court proceedings in
regard to the marriage, parenting arrangements and
support of the children or support of the parties are
as follows:
(2) The details of any
(
a) court proceedings for a civil or family
restraining order or for a protection order
under the Protection Against Family Violence
Act,
(
b) court proceedings, agreements or measures
relating to child protection, or
(
c) proceedings, undertakings or recognizances
relating to any matter of a criminal nature
involving the parties, and the details of any orders
in effect relating to any of these matters, are as
follows:
(vi) in paragraph 17 by striking out the following:
[] custody as proposed above;
[] access or parenting arrangements as proposed
above;
and substituting the following:
[] parenting arrangements as proposed above;
(vii) by striking out the following:
Statement of Solicitor
(where Defendant has a lawyer)
I, , the solicitor for the Defendant, certify to the
Court that I have complied with the requirements of
section 9 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Solicitor for the Defendant
and substituting the following:
Statement of Defendant
I, , the Defendant, certify to the Court that I am
aware of the following duties imposed on me by sections 7.1 to 7.5 of
the Divorce Act (Canada):
1. I will exercise any parenting time, decision-making
responsibilities or contact with the child(ren) of the marriage
in a manner consistent with the best interests of the
child(ren).
2. I will protect the child(ren) of the marriage from conflict
arising from these legal proceedings, to the best of my ability.
3. I will try to resolve the matters that may be the subject of an
order under the Act through a family dispute resolution
process, to the extent that it is appropriate to do so.
4. I will provide complete, accurate and up-to-date information
if required to do so under the Act.
5. If I am subject to an order made under the Act, I will comply
with the order until it is no longer in effect.
DATED at , Alberta, this day of
, 20 .
Signature of Defendant
Statement of Lawyer
(where Defendant has a lawyer)
I, , the lawyer for the Defendant, certify to the
Court that I have complied with the requirements of
section 7.7 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Lawyer for the Defendant
(
h) in Form FL-7.1
(
i) in paragraph 1 by repealing subparagraphs
(3) and (4) and substituting the following:
(3) Particulars respecting the Defendant:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(4) Particulars respecting the Plaintiff:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(ii) in paragraph 2 by striking out "ordinarily" and
substituting "habitually";
(iii) in paragraph 6 by repealing subparagraphs
(2) to (4) and substituting the following:
(2) The Defendant proposes parenting arrangements
for each child as follows:
(Describe the proposed allocation of parenting
time and decision-making responsibility between
the parties.)
(3) If written notice of a change of residence or
relocation is required to be given under
section
16.8 or 16.9 of the Divorce Act (Canada), the
Defendant proposes that notice be given as
follows:
(
a) The Plaintiff will provide written notice to
the Defendant by: (specify how the written
notice will be delivered to the Defendant, e.g.
by mail, in person, by email, etc.)
(
b) The Defendant will provide written notice to
the Plaintiff by: (specify how the written
notice will be delivered to the Plaintiff, e.g.
by mail, in person, by email, etc.)
(4) The Defendant proposes financial arrangements
for each child as follows:
(iv) in paragraph 7 by striking out "custody, access,
parenting" and substituting "parenting";
(
v) by repealing paragraph 8 and substituting the
following:
8(1) The details of any other court proceedings in
regard to the marriage, parenting arrangements and
support of the children or support of the parties are
as follows:
(2) The details of any
(
a) court proceedings for a civil or family
restraining order or for a protection order
under the Protection Against Family Violence
Act,
(
b) court proceedings, agreements or measures
relating to child protection, or
(
c) proceedings, undertakings or recognizances
relating to any matter of a criminal nature
involving the parties, and the details of any orders
in effect relating to any of these matters, are as
follows:
(vi) in paragraph 16 by striking out the following:
[] custody as proposed above;
[] access or parenting arrangements as proposed
above;
and substituting the following:
[] parenting arrangements as proposed above;
(vii) by striking out the following:
Statement of Solicitor
(where Defendant has a lawyer)
I, , the solicitor for the Defendant, certify to the
Court that I have complied with the requirements of
section 9 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Solicitor for the Defendant
and substituting the following:
Statement of Defendant
I, , the Defendant, certify to the Court that I am
aware of the following duties imposed on me by sections 7.1 to 7.5 of
the Divorce Act (Canada):
1. I will exercise any parenting time, decision-making
responsibilities or contact with the child(ren) of the marriage
in a manner consistent with the best interests of the
child(ren).
2. I will protect the child(ren) of the marriage from conflict
arising from these legal proceedings, to the best of my
ability.
3. I will try to resolve the matters that may be the subject of an
order under the Act through a family dispute resolution
process, to the extent that it is appropriate to do so.
4. I will provide complete, accurate and up-to-date information
if required to do so under the Act.
5. If I am subject to an order made under the Act, I will comply
with the order until it is no longer in effect.
DATED at , Alberta, this day of
, 20 .
Signature of Defendant
Statement of Lawyer
(where Defendant has a lawyer)
I, , the lawyer for the Defendant, certify to the
Court that I have complied with the requirements of
section 7.7 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Lawyer for the Defendant
(
i) in Form FL-8
(
i) by striking out the following:
WIFE
HUSBAND
DOCUMENT JOINT STATEMENT OF
CLAIM FOR DIVORCE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
WIFE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
HUSBAND
and substituting the following:
SPOUSE 1
SPOUSE 2
DOCUMENT JOINT STATEMENT OF
CLAIM FOR DIVORCE
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
SPOUSE 1
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
SPOUSE 2
(ii) in paragraph 1 by repealing subparagraphs
(3) and (4) and substituting the following:
(3) Particulars respecting Spouse 1:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(4) Particulars respecting Spouse 2:
Address:
Date of birth:
Place of birth:
Surname at birth:
Surname at the time of marriage:
Gender at the time of marriage:
(Male/Female/Another gender)
Marital status at the time of marriage:
(iii) in paragraph 2 by striking out "The Wife (or the
Husband) has been ordinarily" and substituting
"Spouse 1 (or Spouse 2) has been habitually";
(iv) in paragraph 3 by striking out "The Wife and the
Husband" and substituting "The parties";
(
v) in paragraph 6 by repealing subparagraphs
(2) to (4) and substituting the following:
(2) The Parties propose parenting arrangements for
each child as follows:
(Describe the proposed allocation of parenting
time and decision-making responsibility between
the parties.)
(3) If written notice of a change of residence or
relocation is required to be given under
section
16.8 or 16.9 of the Divorce Act (Canada), the
Parties propose that notice be given as follows:
(
a) Spouse 1 will provide written notice to
Spouse 2 by: (specify how the written notice
will be delivered to Spouse 2, e.g. by mail, in
person, by email, etc.)
(
b) Spouse 2 will provide written notice to
Spouse 1 by: (specify how the written notice
will be delivered to Spouse 1, e.g. by mail, in
person, by email, etc.)
(4) The Parties propose financial arrangements for
each child as follows:
(Include any agreement regarding retroactive
child support.)
(vi) in paragraph 7 by striking out "custody, access,
parenting" and substituting "parenting";
(vii) by repealing paragraph 8 and substituting the
following:
8(1) The details of any other court proceedings in
regard to the marriage, parenting arrangements and
support of the children or support of the parties are
as follows:
(2) The details of any
(
a) court proceedings for a civil or family
restraining order or for a protection order
under the Protection Against Family Violence
Act,
(
b) court proceedings, agreements or measures
relating to child protection, or
(
c) proceedings, undertakings or recognizances
relating to any matter of a criminal nature
involving the parties, and the details of any orders
in effect relating to any of these matters, are as
follows:
(viii) by striking out the following:
9. The Parties have agreed that there will be no spousal
support paid to either party.
9. The Parties have agreed that spousal support will be
paid by the Wife (or the Husband) to the Husband (or
the Wife) as follows:
(include any agreement regarding retroactive spousal
support)
and substituting the following:
9. The Parties have agreed that
[] there will be no spousal support paid to either
party.
[] spousal support will be paid by
[] Spouse 1 to Spouse 2
[] Spouse 2 to Spouse 1
as follows:
(Include any agreement regarding retroactive spousal
support.)
(ix) in paragraph 10 by striking out the following:
[] custody as proposed above;
[] access or parenting arrangement as proposed
above;
[] child support as proposed above;
[] support for the Wife/Husband as proposed above;
and substituting the following:
[] parenting arrangement as proposed above;
[] child support as proposed above;
[] spousal support as proposed above;
(
x) by striking out the following:
Statement of Wife's Solicitor
(where Wife has a lawyer)
I, , the solicitor for the Wife, certify to the Court
that I have complied with the requirements of
section 9 of the Divorce
Act (Canada).
DATED at , Alberta, this day of
, 20 .
Solicitor for the Wife
Statement of Husband's Solicitor
(where Husband has a lawyer)
I, , the solicitor for the Husband, certify to the
Court that I have complied with the requirements of
section 9 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Solicitor for the Husband
and substituting the following:
Statement of Spouse 1
I, , Spouse 1, certify to the Court that I am aware
of the following duties imposed on me by sections 7.1 to 7.5 of the
Divorce Act (Canada):
1. I will exercise any parenting time, decision-making
responsibilities or contact with the child(ren) of the marriage
in a manner consistent with the best interests of the
child(ren).
2. I will protect the child(ren) of the marriage from conflict
arising from these legal proceedings, to the best of my
ability.
3. I will try to resolve the matters that may be the subject of an
order under the Act through a family dispute resolution
process, to the extent that it is appropriate to do so.
4. I will provide complete, accurate and up-to-date information
if required to do so under the Act.
5. If I am subject to an order made under the Act, I will comply
with the order until it is no longer in effect.
DATED at , Alberta, this day of
, 20 .
Signature of Spouse 1
Statement of Lawyer for Spouse 1
(where Spouse 1 has a lawyer)
I, , the lawyer for Spouse 1, certify to the Court
that I have complied with the requirements of
section 7.7 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Lawyer for Spouse 1
Statement of Spouse 2
I, , Spouse 2, certify to the Court that I am aware
of the following duties imposed on me by sections 7.1 to 7.5 of the
Divorce Act (Canada):
1. I will exercise any parenting time, decision-making
responsibilities or contact with the child(ren) of the marriage
in a manner consistent with the best interests of the
child(ren).
2. I will protect the child(ren) of the marriage from conflict
arising from these legal proceedings, to the best of my
ability.
3. I will try to resolve the matters that may be the subject of an
order under the Act through a family dispute resolution
process, to the extent that it is appropriate to do so.
4. I will provide complete, accurate and up-to-date information
if required to do so under the Act.
5. If I am subject to an order made under the Act, I will comply
with the order until it is no longer in effect.
DATED at , Alberta, this day of
, 20 .
Signature of Spouse 2
Statement of Lawyer for Spouse 2
(where Spouse 2 has a lawyer)
I, , the lawyer for Spouse 2, certify to the Court
that I have complied with the requirements of
section 7.7 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Lawyer for Spouse 2
(
j) in Form FL-9 by striking out the following:
JUDICIAL CENTRE
WIFE
HUSBAND
and substituting the following:
JUDICIAL CENTRE
SPOUSE 1
SPOUSE 2
(
k) in Form FL-14
(
i) by repealing paragraph 5 and substituting the
following:
5. Are there now, or have there ever been, any proceedings
against the Respondent in this Court or the Provincial
Court respecting divorce, child support, spousal support
or custody, access, guardianship, parenting time,
decision-making responsibility or contact in respect of a
child?
[] Yes [] No
If yes, please provide the court file number(s):
(ii) in paragraph 9 by striking out "access for all
children" and substituting "parenting time or contact
with each child as follows";
(
l) in Forms FL-15 to FL-17 by striking out "solicitor"
wherever it occurs and substituting "lawyer";
(
m) in Form FL-18 by repealing the warning after
paragraph 7 and substituting the following:
(If this application is made under the Divorce Act (Canada), include
the following Statement of Applicant and Statement of Lawyer:)
Statement of Applicant
I, , the Applicant, certify to the Court that
1. I am aware of the following duties imposed on me by
sections 7.1 to 7.5 of the Divorce Act (Canada):
(
a) I will exercise any parenting time, decision-making
responsibilities or contact with the child(ren) of the marriage
in a manner consistent with the best interests of the
child(ren).
(
b) I will protect the child(ren) of the marriage from conflict
arising from these legal proceedings, to the best of my
ability.
(
c) I will try to resolve the matters that may be the subject of an
order under the Act through a family dispute resolution
process, to the extent that it is appropriate to do so.
(
d) I will provide complete, accurate and up-to-date information
if required to do so under the Act.
(
e) If I am subject to an order made under the Act, I will comply
with the order until it is no longer in effect.
(If this application is made for corollary relief under the Divorce
Act (Canada), include the following statement:)
2. At this time (check one option)
[] there is in effect a civil or family restraining order, a
protection order under the Protection Against Family
Violence Act, an order, agreement or measure relating to
child protection or an order, undertaking or recognizance in
relation to a matter of a criminal nature, or there is a pending
proceeding relating to one or more of these matters,
involving the parties to this application. (Attach copies of any
court orders made in these matters to the affidavit filed in
support of this application.)
[] to my knowledge there are no civil or family restraining
orders, protection orders under the Protection Against Family
Violence Act, orders, agreements or measures relating to
child protection or orders, undertakings or recognizances in
relation to matters of a criminal nature, and no pending
proceedings relating to any of these matters, involving the
parties to this application.
DATED at , Alberta, this day of
, 20 .
Signature of Applicant
Statement of Lawyer
(where Applicant has a lawyer)
I, , the lawyer for the Applicant, certify to the
Court that I have complied with the requirements of
section 7.7 of the
Divorce Act (Canada).
DATED at , Alberta, this day of
, 20 .
Lawyer for the Applicant
WARNING
If you do not come to Court on the date and at the time shown
above either in person or by your lawyer, the Court may give
the Applicant(
s) what they want in your absence. You will be
bound by any order that the Court makes.
If you intend to give evidence in response to the application, you
must reply by filing an affidavit or other evidence with the Court
and serving a copy of that affidavit or other evidence on the
Applicant(
s) a reasonable time before the application is to
be heard or considered.
(
n) by repealing Forms FL-19 and FL-20 and
substituting the following:
Form FL-19
[Rule 12.451(1)]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT
RESPONDENT
DOCUMENT FAMILY APPLICATION
TO VARY SUPPORT UNDER
THE DIVORCE ACT (CANADA)
WHERE RESPONDENT LIVES
IN ANOTHER CANADIAN
PROVINCE/TERRITORY
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE RESPONDENT(S):
This application is made against you. You are the Respondent.
You have the right to state your side of this matter before the
judge.
To do so, you must be in Court when the application is heard as
shown below:
Court Date: ___________________
Time: ___________________
Where: ___________________
Before Whom: ___________________
Go to the end of this document to see what else you can do and
when you must do it.
Remedy claimed or sought:
Grounds for making this application:
Material or evidence to be relied on:
Applicable rules:
4. Alberta Rules of Court (AR 124/2010), rule 12.451(1)
Applicable Acts and regulations:
5. Divorce Act (Canada), paragraph 17(1)(
a) Any irregularity complained of or objection relied on:
How the application is proposed to be heard or considered:
Statement of Applicant
I, , the Applicant, certify to the Court that
1. I am aware of the following duties imposed on me by
sections 7.1 to 7.5 of the Divorce Act (Canada):
(
a) I will exercise any parenting time, decision-making
responsibilities or contact with the child(ren) of the marriage
in a manner consistent with the best interests of the
child(ren).
(
b) I will protect the child(ren) of the marriage from conflict
arising from these legal proceedings, to the best of my
ability.
(
c) I will try to resolve the matters that may be the subject of an
order under the Act through a family dispute resolution
process, to the extent that it is appropriate to do so.
(
d) I will provide complete, accurate and up-to-date information
if required to do so under the Act.
(
e) If I am subject to an order made under the Act, I will comply
with the order until it is no longer in effect.
2. At this time (check one option)
[] there is in effect a civil or family restraining order, a
protection order under the Protection Against Family
Violence Act, an order, agreement or measure relating to
child protection or an order, undertaking or recognizance in
relation to a matter of a criminal nature, or there is a pending
proceeding relating to one or more of these matters,
involving the parties to this application. (Attach copies of any
court orders made in these matters to the affidavit filed in
support of this application.)
[] to my knowledge there are no civil or family restraining
orders, protection orders under the Protection Against Family
Violence Act, orders, agreements or measures relating to
child protection or orders, undertakings or recognizances in
relation to matters of a criminal nature, and no pending
proceedings relating to any of these matters, involving the
parties to this application.
DATED at , Alberta, this day of ,
20 .
Signature of Applicant
Statement of Lawyer
(where Applicant has a lawyer)
I, , the lawyer for the Applicant, certify to the Court
that I have complied with the requirements of
section 7.7 of the
Divorce Act (Canada).
DATED at , Alberta, this day of ,
20 .
Lawyer for the Applicant
WARNING
Because you reside outside the province of Alberta, you have 2
options to respond to this application:
1. If you would like this application to be heard in your
jurisdiction (not in Alberta), you must file a Request to
Convert, requesting that the Court convert this application to
an interjurisdictional proceeding. You must file the Request
to Convert (Form FL-19.1) with the Court and serve it on the
Applicant within 40 days of the date you were served with
this application. If you file a Request to Convert, the Court
may, on the court date for this support application, direct that
this application be converted to an interjurisdictional
proceeding under
section 18.1 of the Divorce Act (Canada).
2. If you would like this application to be heard in Alberta and
you intend to give evidence in response to the application,
you must reply by filing an affidavit or other evidence with
the Court and serving a copy of that affidavit or other
evidence on the Applicant(
s) a reasonable time before the
application is to be heard or considered.
If you do not come to Court on the date and at the time shown
above, either in person or by your lawyer, the Court may give
the Applicant(
s) what they want in your absence. You will be
bound by any order that the Court makes.
It may be possible for you to appear in Court by telephone or
videoconference. Please contact the Court at the appropriate
Judicial Centre before the court date to see if these arrangements
can be made.
Form FL-19.1
[Rule 12.451(3), (5)]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT
RESPONDENT
DOCUMENT REQUEST TO CONVERT -
SECTION 18.2 OF THE
DIVORCE ACT (CANADA)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
(This form may be filed under
section 18.2 of the Divorce Act
(Canada) by the Respondent to a support variation application made
under that Act in Alberta, if the Respondent habitually resides in a
different province/territory of Canada and wishes to request that the
application be converted to an interjurisdictional proceeding under
section 18.1 of that Act.)
TO THE COURT CLERK:
1. I, (name) , request that the support variation
application filed by (name) on (date) be converted
to an interjurisdictional proceeding under
section 18.1 of the
Divorce Act (Canada).
2. My province or territory of residence
is (province/territory of Canada) .
3. My address for service in my province of residence and my
contact information are as follows:
Address:
Telephone number:
Email address:
FOR USE BY ORDER ASSIGNEE ONLY
(Name of order assignee) in (province/territory) requests that the
support variation application filed by (name) on (date) be
converted to an interjurisdictional proceeding under
section 18.1 of the
Divorce Act (Canada).
Address for service and contact information of the Order Assignee:
Form FL-20
[Rule 12.47(2)(b), (6)(a), (7)(a)]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT
RESPONDENT
DOCUMENT NOTICE OF INTERJURISDICTIONAL
SUPPORT HEARING -
SECTION 18.1
OR 19 OF THE DIVORCE ACT (CANADA)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
NOTICE TO THE RESPONDENT:
This application is made against you. You are a Respondent. You
have the right to state your side of this matter before the judge.
To do so, you must be in Court when the application is heard as
shown below:
Court Date: ___________________
Time: ___________________
Where: ___________________
Before Whom: ___________________
Go to the end of this document to see what else you can do and
when you must do it.
Remedy claimed or sought:
1. The Applicant, (Name of applicant) , requests a
[] support order
[] support variation order
against the Respondent, (Name of respondent) .
Grounds for making this application:
2. The Court has received
[] a support variation application made by or on behalf of the
Applicant under
section 18.1 of the Divorce Act (Canada).
[] a support application or support variation application made
by or on behalf of the Applicant under
section 19 of the
Divorce Act (Canada).
A copy of the application is attached to this Notice of Hearing.
Material or evidence to be relied on:
3. All material and evidence forwarded by the jurisdiction
where the Applicant resides. The material and evidence are
attached to this Notice of Hearing.
Applicable rules:
4. Rule 12.47 of the Alberta Rules of Court.
Applicable Acts and regulations:
5. The following
section of the Divorce Act (Canada):
Section 18.1
Section 19
WARNING
If you do not come to Court on the date and at the time shown
above either in person or by your lawyer, the Court may give
the Applicant(
s) what they want in your absence. You will be
bound by any order that the Court makes.
If you intend to give evidence in response to the application,
you must reply by filing with the Court an ISO Form I, an ISO
Form L and any other forms established under
section 38 of the
Interjurisdictional Support Orders Act that may be relevant to
the application. You are not required to serve any of your
documents on the Applicant. Your documents must be filed a
reasonable time before the application is to be heard or
considered.
(
o) in Form FL-21
(
i) by striking out "Rule 12.50(3)" and substituting
"Rule 12.50(3)(a)";
(ii) by striking out "solicitor" wherever it occurs and
substituting "lawyer";
(
p) by repealing Form FL-22 and substituting the
following:
Form FL-22
[Rule 12.50(3)(a)]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
SPOUSE 1
SPOUSE 2
DOCUMENT JOINT REQUEST FOR DIVORCE
(WITHOUT ORAL EVIDENCE)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
SPOUSE 1
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
SPOUSE 2
TO THE COURT CLERK:
1. We hereby apply for a Joint Divorce Judgment (Without Oral
Evidence).
2. We have issued a Joint Statement of Claim for Divorce and
each acknowledge receiving a copy of that document.
3. The affidavit evidence to be considered with our Joint
Statement of Claim for Divorce has been filed and is attached
hereto.
4. As we have filed a Joint Statement of Claim for Divorce, no
pleadings in response are required.
_____________________ _____________________
Spouse 1 or Lawyer Spouse 2 or Lawyer
for Spouse 1 for Spouse 2
(
q) in Form FL-23
(
i) by striking out "Rule 12.50(3)" and substituting
"Rule 12.50(3)(b)";
(ii) by adding the following after paragraph 16(b):
(
c) I understand that sections 16.8 and 16.9 of the
Divorce Act (Canada) require people with
parenting time and decision-making responsibility
to notify each other, in writing, regarding proposed
changes in residence or proposed relocations. The
method my spouse and I will use to provide
written notice to each other in the event of a
proposed change in residence or proposed
relocation is (check one)
[] set out in our consent Divorce Judgment.
[] set out in the written agreement referred to in
paragraph 15.
[] proposed in my Statement of Claim and my
spouse has been noted in default.
(
r) in Form FL-24
(
i) by striking out "Rule 12.50(3)" and substituting
"Rule 12.50(3)(b)";
(ii) by adding the following after paragraph 13(b):
(
c) My spouse and I understand that sections 16.8 and
16.9 of the Divorce Act (Canada) require people
with parenting time and decision-making
responsibility to notify each other, in writing,
regarding proposed changes in residence or
proposed relocations. The method my spouse and I
will use to provide written notice to each other in
the event of a proposed change in residence or
proposed relocation is (check one)
[] set out in our consent Divorce Judgment.
[] set out in the written agreement referred to in
paragraph 12.
(
s) in Form FL-25
(
i) by striking out "Rules 12.50(3)(
c) and 12.53(a)" and
substituting "Rules 12.50(3)(
c) and 12.53(1)(a)";
(ii) by striking out "Solicitor" wherever it occurs and
substituting "Lawyer";
(iii) by striking out "Wife and Husband" and
substituting "Spouse 1 and Spouse 2";
(
t) in Form FL-26
(
i) by striking out "Rules 12.50(3)(
c) and 12.53(b)" and
substituting "Rules 12.50(3)(
c) and 12.53(1)(b)";
(ii) by striking out "IT IS ORDERED" and
substituting "IT IS ORDERED THAT pursuant to
the Divorce Act (Canada)";
(iii) by striking out "Solicitor" wherever it occurs and
substituting "Lawyer";
(iv) by striking out "Wife and Husband" and
substituting "Spouse 1 and Spouse 2";
(
u) by repealing Form FL-27 and substituting the
following:
Form FL-27
[Rule 12.53(1)(c)]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF
DEFENDANT
DOCUMENT COROLLARY RELIEF ORDER
(Change this title to "Parenting
Order", "Child Support Order",
etc., as appropriate to reflect the
relief granted by the order.)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
DATE ON WHICH ORDER WAS PRONOUNCED:
LOCATION OF HEARING OR TRIAL:
NAME OF JUDGE WHO GRANTED THIS ORDER:
THE COURT HAS REVIEWED THE AFFIDAVITS FILED IN
SUPPORT OF THIS APPLICATION AND HAS BEEN ADVISED
OF THE FOLLOWING:
THE DEFENDANT has a guideline income of $ ;
THE PLAINTIFF has a guideline income of $ ;
THE NAME AND BIRTHDATE of each child of the marriage is as
follows:
(Indicate full names and dates of birth
for each child of the marriage.)
THE PARTIES have agreed to depart from the Federal Child Support
Guidelines for the following reasons:
(use where appropriate and summarize reasons here)
THERE IS an agreed-upon parenting plan, a copy of which is attached
as
Schedule "A" to this Order, relating to the parenting time,
decision-making responsibility or contact with the child(ren) of the
marriage;
(use where appropriate)
THE PARTIES were divorced by a Divorce Judgment rendered on
(date) ;
(use where a Divorce Judgment has already been granted)
IT IS ORDERED THAT pursuant to the Divorce Act (Canada):
(add such corollary relief clauses as are appropriate in the
circumstances, numbered consecutively - see clauses below)
________________________________________
Justice of the Court of Queen's Bench of Alberta
Consented to by (OR Approved as Being the Order
granted by):
__________________________________
Plaintiff (OR Lawyer for the Plaintiff)
(if Plaintiff signs, attach Affidavit of Execution)
And by:
__________________________________
Defendant (OR Lawyer for the Defendant)
(if Defendant signs, attach Affidavit of Execution)
COROLLARY RELIEF CLAUSES
(These clauses are provided as a guide and are variable -
choose those which apply and make such changes as are
appropriate in the circumstances.)
1. The Plaintiff and the Defendant shall have parenting time
with the child(ren) of the marriage as follows:
2. The decision-making responsibilities for the child(ren) of the
marriage shall be allocated between the Plaintiff and the
Defendant as follows:
3. The Plaintiff and Defendant shall be bound by the following
terms of the parenting plan attached as
Schedule "A" to this
Order: (specify)
(List the parenting/contact terms the parties to the parenting
plan have agreed to incorporate into a court order.)
4. The Plaintiff/Defendant shall pay to the Defendant/Plaintiff
the sum of $ per month for the support of the
child(ren) of the marriage, payable on the first day of each
month, commencing (date) .
5. The Plaintiff/Defendant shall pay to the Defendant/Plaintiff
the sum of $ per month for additional expenses for
the child(ren) of the marriage, payable on the first day of
each month, commencing (date) , allocated as
follows:
NAME OF CHILD
NATURE OF
ADD-ON
AMOUNT OR
PERCENTAGE
6. The Plaintiff/Defendant shall provide medical and dental
insurance coverage for the child(ren) of the marriage.
7. The Plaintiff/Defendant shall pay to the Defendant/Plaintiff
the sum of $ per month for (name of
child) , who is a child of the marriage over the age of
majority, payable on the first day of each month,
commencing (date) .
8. The Plaintiff/Defendant, having satisfied the Court that
payment of the full amount of child support prescribed in the
Federal Child Support Guidelines would cause undue
hardship to (name) , shall pay to
the (Defendant/Plaintiff) for the support of the child(ren),
the sum of $ per month payable on the first day of
each month commencing (date) .
Child support shall be revisited in (month) of
(year) , it being determined that the cause of the undue
hardship should be eliminated by that date.
Commencing on (date) , the (Plaintiff/Defendant) shall
pay child support in the amounts prescribed by the
guidelines, namely $ .
9. The Plaintiff/Defendant shall pay spousal support to the
Defendant/Plaintiff in the sum of $ , payable on the
first day of each month commencing (date) .
(The following clause must be included in every support order
and should not be changed.)
10. The amounts owing under this Order shall be paid to the
Director of Maintenance Enforcement ("MEP"), 7th Floor
North, 10365 - 97 Street, Edmonton, Alberta, T5J 3W7,
780-422-5555 (website: www.albertamep.gov.ab.ca) and
shall be enforced by MEP on the filing of the Order with
MEP by the creditor (recipient of support) or debtor (payor
of support). The amounts owing shall continue to be enforced
by MEP until the party who filed this Order gives MEP notice
in writing withdrawing this Order from filing in accordance
with
section 9 of the Maintenance Enforcement Act.
(Unless otherwise ordered by the Court, the following clause
must be included in every child support order and should not
be changed. This clause applies in addition to any financial
disclosure requirements of the Alberta Child Support
Recalculation Program.)
11. For as long as there is a "child of the marriage" as defined in
the Divorce Act (Canada) [or a "child" as defined in
Part 3 of
the Family Law Act], the parties shall provide the following
information on an annual basis:
(
a) on or before June 30 of each year, each party must provide
the other party with a complete copy of the party's personal
income tax return, any Notice of Assessment or
Reassessment from the Canada Revenue Agency for the
preceding tax year, and the party's 2 most recent pay stubs. If
the party has not filed an income tax return for the preceding
year, then the party must, by June 30, provide the other party
with copies of the party's T4 slips and all other tax slips and
information disclosing any and all sources of income for the
preceding tax year;
(
b) a party that is a shareholder in a corporation, is
self-employed, is a partner in a partnership or is a beneficiary
under a trust must also provide the information required by
paragraphs 21(1)(d), (e), (
f) and (
g) of the Federal Child
Support Guidelines (SOR/97-175) [or the same provisions of
the Alberta Child Support Guidelines (AR 147/2005), as
applicable] for the preceding tax year.
(One of the following alternatives for clause 12 must be
included in every child support order and the content of the
alternative chosen should not be changed.)
12. This Order may be recalculated by the Alberta Child Support
Recalculation Program ("the Recalculation Program") based
on its anniversary date if eligible for recalculation and if the
Recalculation Program determines recalculation is
permissible and appropriate pursuant to the Family Law Act
and regulations. Either party may apply to register with the
Recalculation Program at 8th Floor, 10365 - 97 Street,
Edmonton, Alberta T5J 3W7, telephone 780-401-1111
(website: www.recalculation.alberta.ca). Should either party
fail to comply with the income disclosure requirements of the
Recalculation Program, then the income of that party may be
automatically deemed to have increased as set out in
section 55.51 of the Family Law Act.
12. This Order shall not be recalculated by the Alberta Child
Support Recalculation Program.
(Unless otherwise ordered by the Court, clauses 13 and 14
must be included in every parenting order made under the
Divorce Act (Canada) and should not be changed.)
13. Any person who has parenting time or decision-making
responsibility in respect of a child to whom this order applies,
and who intends to change their place of residence or the
residence of the child, shall notify every other person who
has parenting time, decision-making responsibility or contact
with the child under a court order.
This notification must be given by (specify method of
notification) and must include the date that the change of
residence will occur, the address of the new residence and
any change in contact information resulting from the change
in residence.
14. Any person who has parenting time or decision-making
responsibility in respect of a child to whom this order applies,
and who intends to relocate, shall notify, at least 60 days
before the relocation, every other person who has parenting
time, decision-making responsibility or contact with the child
under a court order.
This notification must be given in the form prescribed by the
regulations to the Divorce Act (Canada) by (specify method
of notification) .
(Unless otherwise ordered by the Court, clause 15 must be
included in every contact order made under the Divorce Act
(Canada) and should not be changed.)
15. Any person who has contact in respect of a child to which
this order applies shall notify any person with parenting time
or decision-making responsibility for that child of their
intention to change their place of residence. The notice must
be given in writing by (specify method of
notification) and must indicate the date when the change of
residence is expected to occur, the address of the new
residence and their contact information. If the change is
expected to significantly impact the child's relationship with
the person, notice shall be given at least 60 days prior to the
change in residence in the form prescribed by the regulations
to the Divorce Act (Canada).
(
v) in Form FL-28
(
i) by striking out "Rule 12.53(d)" and substituting
"Rule 12.53(1)(d)";
(ii) by striking out "Solicitor" wherever it occurs and
substituting "Lawyer";
(
w) in Form FL-29
(
i) by striking out "Rule 12.53(
e) and (e.1)" and
substituting "Rule 12.53(1)(
e) and (e.1) ";
(ii) by repealing paragraph 3 and substituting the
following:
3. Effective (date and time indicated in paragraph
2) , the Respondent is restrained from entering or
attending at or within (specify exact distance
according to circumstances)
metres of the family/matrimonial home [except as
required to exercise court ordered parenting time
or contact - use this or change according to
circumstances if there is an order for parenting
time or contact in place];
(iii) by striking out "Solicitor" wherever it occurs and
substituting "Lawyer";
(
x) in Form FL-30
(
i) by striking out "Rule 12.53(f)" and substituting
"Rule 12.53(1)(f)";
(ii) in paragraph 1 by striking out "[except as required
to exercise court ordered access - use this or change
according to circumstances if there is an order for
access in place]" and substituting "[except as
required to exercise court ordered parenting time or
contact - use this or change according to
circumstances if there is an order for parenting time or
contact in place].";
(
y) in Form FL-31
(
i) by striking out "Rule 12.53(g)" and substituting
"Rule 12.53(1)(g)";
(ii) in paragraph 1 by striking out "[except as required
to exercise court ordered access - use this or change
according to circumstances if there is an order for
access in place]" and substituting "[except as
required to exercise court ordered parenting time or
contact - use this or change according to
circumstances if there is an order for parenting time or
contact in place].";
(
z) by adding the following after Form FL-31:
Form FL-31.1
[Rules 12.451(6) and 12.53(1)(h)]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL CENTRE
APPLICANT
RESPONDENT
DOCUMENT CONVERSION ORDER
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
THE APPLICANT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
THE RESPONDENT
(Provide the respondent's address for service in the respondent's
province/territory of residence if the respondent has provided an
address for service in any court document or on the record during a
court appearance.)
DATE ON WHICH ORDER WAS PRONOUNCED:
LOCATION OF HEARING:
NAME OF JUDGE WHO MADE THIS ORDER:
THE COURT HAS REVIEWED THE DOCUMENTS FILED IN
SUPPORT OF THE APPLICATION FOR THIS ORDER AND
HAS BEEN ADVISED OF THE FOLLOWING:
An application has been made to the Court under paragraph 17(1)(
a) of the Divorce Act (Canada) for a variation order in respect of a
support order;
The Applicant habitually resides in Alberta and the Respondent
habitually resides in
(province/territory of Canada) ;
The child(ren) of the marriage habitually reside(
s) with
the (Applicant/Respondent) in (province/territory of
Canada) ;
The Respondent has (has not) been served with the application;
The Respondent has (has not) filed a response to the application;
The Respondent has (has not) filed a request to convert the support
variation application to an interjurisdictional proceeding under
section 18.1 of the Divorce Act (Canada);
The Applicant advises that the support order sought to be varied
[] has not been assigned to any minister, member, agency or
public body, or
[] has been assigned to a minister, member, agency or public
body, and
[] the order assignee has (has not) been served with the
support variation application, and
[] the order assignee has (has not) filed a request to
convert the support variation application to an
interjurisdictional proceeding under
section 18.1 of the
Divorce Act (Canada).
(Add any other factors that were significant in the granting of the
Order, including which parties appeared at the application, whether
or not they were represented by a lawyer, and why the Order was
necessary.)
(Optional paragraph - include if applicable:)
IN DETERMINING WHETHER TO GRANT THE REQUEST TO
CONVERT, THE COURT HAS TAKEN INTO CONSIDERATION
THAT the support variation application is accompanied by an
application for variation of a parenting order.
IT IS ORDERED pursuant to the Divorce Act (Canada):
1. The support variation application filed by the Applicant,
(name) , on (date) shall be converted into
an interjurisdictional proceeding and the support variation
application shall be considered as an application under
subsection 18.1(3) of the Divorce Act (Canada).
2. The Court Clerk shall send a copy of this Order and a copy of
the support variation application to the Designated Authority
in Alberta, who shall forward the documents
to (province/territory of Canada) in accordance with
subsection 18.1(4) of the Divorce Act (Canada).
(Include the following only where applicable:)
3. The application for variation of a parenting order, filed by the
Applicant, (name) , on (date) , shall be
transferred to the court in (province/territory of
Canada) .
________________________________________
Justice of the Court of Queen's Bench of Alberta
(aa) in Form FL-32 by striking out "Wife and Husband" and
substituting "Spouse 1 and Spouse 2";
(bb) in Form AP-1 by repealing paragraph 8 and
substituting the following:
8 Does this appeal involve custody, access,
guardianship, parenting time, decision-making
responsibility, contact or support in respect of a child?
(Rule 14.14(2)(b))
[] Yes [] No
22 The Appendix is amended
(
a) by repealing the definition "outside Alberta" and
substituting the following:
"outside Alberta" means outside Alberta and Canada, except
in the expressions "outside Alberta but within Canada",
"outside Alberta but in Canada" and "outside Alberta and in
Canada";
(
b) by repealing the definition "provisional order".
23 This Regulation has effect on the coming into force of
section 12 of
An Act to amend the Divorce Act, the Family
Orders and Agreements Enforcement Assistance Act and
the Garnishment, Attachment and Pension Diversion Act
and to make consequential amendments to another Act,
chapter 16 of the Statutes of Canada, 2019.
Alberta Regulation 24/2021
Alberta Health Care Insurance Act
OUT-OF-COUNTRY HEALTH SERVICES
AMENDMENT REGULATION
Filed: January 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 032/2021)
on January 27, 2021 pursuant to
section 16 of the Alberta Health Care Insurance Act.
1 The Out-of-Country Health Services Regulation
(AR 78/2006) is amended by this Regulation.
Section 1(1) is amended
(
a) by adding the following after clause (a):
(a.1) "business day" means a day that is not a Saturday, a
Sunday, a holiday or a day when Government of
Alberta offices are closed as part of the Government of
Alberta's Christmas closure;
(
b) by repealing clause (
d) and substituting the
following:
(d) "elective services" means insured services and insured
hospital services that are pre-authorized, medically
required, not available inside Canada and provided in a
manner that accords with accepted standards of practice
in Alberta of the profession of the practitioner
concerned;
(d.1) "emergency services" means insured services and
insured hospital services that are provided in the case of
an emergency resulting from an acute and unexpected
illness, disease, condition or injury that requires
medically required treatment without delay outside
Canada;
Section 2 is repealed and the following is substituted:
Application
2(1) Subject to subsections (2) and (3), an application may be
submitted to the OOCHSC for approval of the payment for expenses
with respect to insured services or insured hospital services received
outside Canada where
(
a) the resident or the resident's dependant who has or will
receive the services is registered and eligible for coverage
under the Alberta Health Care Insurance Plan,
(
b) the resident or the resident's dependant has endeavoured to
receive the services in Canada, the services are not available
in Canada and all other appropriate options in Canada have
been exhausted,
(
c) the services are medically necessary,
(
d) the services are insured under the Alberta Health Care
Insurance Plan,
(
e) the services will be provided in a manner that accords with
accepted standards of practice in Alberta, and
(
f) the services are not part of a research study or clinical trial,
and are not an experimental service.
(2) An application may only be submitted under subsection (1) with
respect to insured services or insured hospital services for
(
a) elective services, if the application is submitted prior to
receiving the services, or
(
b) emergency services, if the application is submitted
(
i) prior to receiving the services, or
(ii) not later than 365 days after the services were received.
(3) An application under subsection (1) must
(
a) be in writing in a form established by the OOCHSC,
(
b) contain any information required under
section 7(1)(b), and
(
c) be submitted on the resident's behalf or the resident's
dependant's behalf by
(
i) a physician registered under the Health Professions Act,
if the services are insured medical services referred to in
the Medical Benefits Regulation (AR 84/2006) or
insured hospital services, or
(ii) a dentist registered under the Health Professions Act, if
the insured services are oral and maxillofacial surgery
services referred to in the Oral and Maxillofacial
Surgery Benefits Regulation (AR 86/2006).
(4) If an application has not been declared complete by the Chair
under
section 7(3)(
a) within 365 days of when the services were
received, the OOCHSC shall not consider the application.
Section 6(1) is amended by striking out "made" and
substituting "submitted".
Section 7 is amended
(
a) in subsection (1) by striking out clause (
a) and
substituting the following:
(
a) was not submitted more than 365 days after the service
was received,
(a.1) was submitted on behalf of a person who is registered
and eligible for coverage under the Alberta Health Care
Insurance Plan,
(a.2) was submitted by
(
i) a physician registered under the Health
Professions Act, if the services are insured medical
services referred to in the Medical Benefits
Regulation (AR 84/2006) or insured hospital
services, or
(ii) a dentist registered under the Health Professions
Act, if the insured services are oral and
maxillofacial surgery services referred to in the
Oral and Maxillofacial Surgery Benefits
Regulation (AR 86/2006),
and
(
b) by striking out subsection (3) and substituting the
following:
(3) After the Chair has concluded the initial screening of an
application,
(
a) if the Chair is satisfied that the application meets the
requirements set out in subsection (1), the Chair may
declare the application complete and forward that
application to the OOCHSC for review, or
(
b) if the Chair is not satisfied that the application meets the
requirements set out in subsection (1), the Chair may
(
i) deny the application, or
(ii) hold the application, return a copy of the
application to the applicant and provide the
applicant with the opportunity to remedy a
deficiency in the application.
(
c) by adding the following after subsection (3):
(4) The Chair shall, within 20 business days of making a
decision under subsection (3), send
(
a) a written copy of its decision with reasons to the
Minister, the resident and the physician or dentist who
submitted the application on the resident's or the
resident's dependant's behalf, and
(
b) notice of the right to appeal the decision to the resident
and the physician or dentist who submitted the
application on the resident's or the resident's
dependant's behalf.
Section 8 is amended
(
a) in subsection (1) by adding "business" after "60";
(
b) by striking out subsection (5) and substituting the
following:
(5) The OOCHSC shall, within 20 business days of making a
decision under subsection (1), send
(
a) a written copy of its decision with reasons to the
Minister, the resident and the physician or dentist who
submitted the application on the resident's or the
resident's dependant's behalf, and
(
b) notice of the right to appeal the decision to the resident
and the physician or dentist who submitted the
application on the resident's or resident's dependant's
behalf.
Section 10 is repealed and the following is substituted:
Appeal of Chair or OOCHSC decision
10 The resident or a physician or dentist acting on the resident's or
resident's dependant's behalf may appeal a decision of the Chair
under
section 7 or a decision of the OOCHSC under
section 8 to the
Appeal Panel by submitting a notice of appeal to the Appeal Panel
within 60 business days of receipt of the decision.
Section 13 is repealed and the following is substituted:
Appeal Panel reviews of Chair decisions
13(1) The Appeal Panel shall review the application and the
decision of the Chair made under
section 7 if a notice of appeal is
received within 60 business days of the appellant receiving the
decision under
section 7.
(2) In reviewing a decision of the Chair, the Appeal Panel shall
review only the application, the written decision and reasons and the
matters before the Chair, and shall not review any new evidence.
(3) An appeal must be reviewed and a decision made within 60
business days of receipt of a notice of appeal.
(4) The Appeal Panel may confirm the decision of the Chair or, if
the Appeal Panel determines that the Chair erred in its decision,
return the application to the Chair for reconsideration in accordance
with the directions of the Appeal Panel.
(5) The Appeal Panel shall, within 20 business days of making a
decision under this section, send a copy of its decision with reasons
(
a) the Minister,
(
b) each member of the OOCHSC,
(
c) the resident, and
(
d) if the notice of appeal was submitted by a physician or
dentist on the resident's or resident's dependant's behalf, that
physician or dentist.
Appeal Panel reviews of OOCHSC decisions
13.01(1) The Appeal Panel shall review the application and a
decision of the OOCHSC if a notice of appeal is received within 60
business days of the appellant receiving the decision under
section
8(5).
(2) In reviewing the OOCHSC's decision, the Appeal Panel shall
review only the application, the written decision and reasons and the
matters before the OOCHSC, and shall not review any new
evidence.
(3) An appeal must be reviewed and a decision made within 60
business days of receipt of a notice of appeal.
(4) The Appeal Panel may confirm or vary the decision of the
OOCHSC or substitute its decision for the OOCHSC's decision.
(5) If the Appeal Panel confirms, varies or substitutes its decision
for the OOCHSC's decision regarding approving the payment of
services, the Minister shall pay for those services approved by the
Appeal Panel.
(6) The Appeal Panel shall, within 20 business days of making a
decision under this section, send a copy of its decision with reasons
(
a) the Minister,
(
b) each member of the OOCHSC,
(
c) the resident, and
(
d) if the notice of appeal was submitted by a physician or
dentist on the resident's or resident's dependant's behalf, that
physician or dentist.
Section 13.1 is amended by renumbering it as
section
13.1(1) and by adding the following after subsection (1):
(2) Where, prior to the coming into force of this subsection,
(
a) a person
(
i) who is a physician registered under the Health
Professions Act or a dentist registered under the Health
Professions Act has made an application to the
OOCHSC, or
(ii) has submitted a notice of appeal to the Appeal Panel,
and a decision, other than a decision by the Chair to forward the
application to the OOCHSC, has not been rendered respecting the
application, or a decision has not been made by the Appeal Panel
respecting the notice of appeal, or
(
b) the time for submitting a notice of appeal has not expired,
the application or appeal, if any, must be dealt with or continue to be
dealt with in accordance with this Regulation as it read immediately
before the coming into force of this subsection.
(3) For greater certainty,
(
a) section 10 does not apply with respect to a decision of the
Chair under
section 7 if the application was received prior to
the coming into force of this subsection, and
(
b) Section 13 does not apply with respect to a decision of the
Chair if the application was received prior to the coming into
force of this subsection.
Section 14, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "August 15, 2020" and substituting "November 30, 2023".
--------------------------------
Alberta Regulation 25/2021
Mandatory Testing and Disclosure Act
MANDATORY TESTING AND DISCLOSURE (EXPIRY
DATE EXTENSION) AMENDMENT REGULATION
Filed: January 27, 2021
For information only: Made by the Lieutenant Governor in Council (O.C. 036/2021)
on January 27, 2021 pursuant to
section 18(1) of the Mandatory Testing and
Disclosure Act.
1 The Mandatory Testing and Disclosure Regulation
(AR 190/2007) is amended by this Regulation.
Section 8, as extended by the Regulations Expiry Date
Extension Regulation (AR 47/2020), is amended by striking
out "September 30, 2020" and substituting "September 30, 2027".
Alberta Regulation 26/2021
Corrections Act
PAROLE BOARD REMUNERATION AND
EXPENSES REGULATION
Filed: January 28, 2021
For infor