Alberta Gazette — 15 April 2020 (Part II)
15 April 2020
Alberta — Gazette
Alberta Regulation 29/2020
Employment Standards Code
EMPLOYMENT STANDARDS
(COVID-19 LEAVE) REGULATION
Filed: March 17, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 064/2020)
on March 17, 2020 pursuant to
section 138 of the Employment Standards Code.
Table of Contents
Definitions
2 Variance and exemption re leave
3 Exemption re notice to return to work
4 Extension of leave
5 Commencement
Definitions
1 In this Regulation,
(a) "Chief Medical Officer" means the Chief Medical Officer
of Health as may be appointed under the Public Health Act;
(b) "COVID-19" means COVID-19 as described or determined
by the World Health Organization;
(c) "quarantine" includes any self-isolation and self-quarantine
as a result of COVID-19, as may be recommended or
directed by the Chief Medical Officer.
Variance and exemption re leave
2(1) Notwithstanding
section 53.97 of the Act, and subject to
section
4, an employee is entitled to unpaid leave for 14 consecutive days if
the employee is under quarantine.
(2) Notwithstanding
section 53.97 of the Act, an employee under
quarantine is exempt from
(
a) the requirement to be employed for 90 days by the same
employer, and
(
b) the requirement to provide a medical certificate or a copy of
a medical certificate to the employee's employer.
(3) Nothing in this
section affects the right of an employee to the
entitlement of 16 weeks unpaid leave in a calendar year for illness or
injury under
section 53.97 of the Act.
Exemption re notice to return to work
3 Notwithstanding sections 53.97 and 53.972 of the Act, an employee
under quarantine is not required to give any written notice or any
notice to the employer of the date the employee intends to return to
work.
Extension of leave
4 The Minister may extend the leave referred to in
section 2 if the
Chief Medical Officer recommends that it is necessary
(
a) to suppress COVID-19 in those who may already have been
infected with it,
(
b) to protect those who have not already been exposed to
COVID-19, or
(
c) to break the chain of transmission and prevent spread of
COVID-19.
Commencement
5 This Regulation is deemed to be effective on March 5, 2020.
--------------------------------
Alberta Regulation 30/2020
Farm Implement and Dealership Act
FARM IMPLEMENT AND DEALERSHIP REGULATION
Filed: March 17, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 066/2020)
on March 17, 2020 pursuant to sections 30 and 30.93 of the Farm Implement and
Dealership Act.
1 The Farm Implement Regulation (AR 204/83) is amended
by this Regulation.
Section 0.1 is amended by repealing clause (
a) and
substituting the following:
(a) "administrator" means an employee appointed to the position
of administrator under
section 33 of the Act;
(a.1) "business day" means a day other than a Saturday, Sunday or
other holiday;
(a.2) "enumerated farm commodity group" means a group that is
contained in a list of farm commodity groups that is
maintained by the Farmers' Advocate Office;
Section 1 is amended
(
a) in clause (
a) by striking out "$4000" and substituting
"$7000";
(
b) in clause (
d) by adding "engine" after "net";
(
c) by repealing clauses (
f) and (
g) and substituting the
following:
(
f) off-highway vehicles as defined in the Traffic Safety
Act;
(f.1) snow ploughs and snow blowers;
(
g) trailers and equipment carriers;
(
d) by repealing clause (h).
Section 2 is amended
(
a) in subsection (1)(
a) and (
b) by striking out "Schedule
1" and substituting "the Schedule";
(
b) by repealing subsection (1.1) and substituting the
following:
(1.1) An application for renewal must be accompanied with
the licence fee set out in
section 3(3), the applicable
levy set in accordance with the Act and an assessment,
if required, for the Fund.
(
c) by repealing subsections (2) and (3).
Section 3 is amended
(
a) in subsection (1)
(
i) by adding "the Minister," after "an application for a
licence or renewal";
(ii) in clause (
a) by striking out "cause an inspection to
be made" and substituting "make an inspection or
cause or require an inspection to be made";
(iii) by repealing clause (
b) and substituting the
following:
(
b) require the applicant to make improvements to the
applicant's premises, facilities or operation before
a licence may be issued or renewed.
(
b) in subsection (3) by striking out "$50" and
substituting "$100".
Section 4(3) is amended by striking out "his" wherever it
occurs and substituting "the".
7 The following is added after
section 5:
Form of sale agreement
5.1 A sale agreement shall be in Form G in the Schedule.
Section 6 is repealed.
Section 8 is amended by striking out "23(4)" and
substituting "30.3(4)".
Section 8.01(1) is amended by striking out "judgment
rate" and substituting "Bank of Canada prime rate on the first day
of the month in which the assessment was due, plus 2%".
Section 8.1 is amended by striking out "23(4)(
b) and
(9)(a)" and substituting "30.3(4)(
b) and (11)(a)".
Section 8.2 is amended by striking out "8(2)" and
substituting "8".
Section 8.3 is repealed and the following is substituted:
Board membership, alternates
8.3(1) The Board consists of the following members:
(
a) one member appointed by the Minister;
(
b) one member appointed by the Western Equipment
Dealers Association or its successor organization;
(
c) one member appointed by the Association of Equipment
Manufacturers or its successor organization;
(
d) one member appointed by the Agricultural
Manufacturers of Canada or its successor organization;
(e) 3 members appointed by the Board, from nominations
submitted by enumerated farm commodity groups under
subsection (4).
(2) In order to be eligible to be nominated and appointed under
subsection (1)(e), (6), (7) or (11), designated under subsection
(3) or nominated under subsection (4), an individual must be actively
farming.
(3) An organization referred to in subsection (1)(b), (
c) or (
d) must, at the time of appointing a person as a member of the Board,
designate a person as an alternate who may act, on a temporary
basis, in place of the corresponding member appointed under
subsection (1)(b), (
c) or (
d) when the member is absent or unable
to act, or when the position is vacant.
(4) On an annual basis, and as necessary for the purposes of
subsections (6) and (7),
(
a) the Board may make a request to the enumerated farm
commodity groups to each submit one nomination for
the purposes of appointment of members of the Board
and designation of alternates who may each act, on a
temporary basis, in place of the corresponding member
appointed under subsection (1)(
e) when the member is
absent or unable to act, or when the position is vacant,
and
(
b) on the request of the Board, enumerated farm
commodity groups may each submit one nomination for
the purposes of appointment of members and
designation of alternates who may each act, on a
temporary basis, in place of the corresponding member
appointed under subsection (1)(
e) when the member is
absent or unable to act, or when the position is vacant.
(5) For each member of the Board appointed under subsection
(1)(e), the Board may designate, from nominations submitted by
enumerated farm commodity groups, a person as an alternate, who
may each act, on a temporary basis, in place of the corresponding
member appointed under subsection (1)(
e) when the member is
absent or unable to act, or when the position is vacant.
(6) Despite subsection (1), when an alternate is acting in the place
of a member of the Board appointed under subsection (1)(
e) who is
unable to act or has been absent from at least 3 consecutive Board
meetings, the remaining members may appoint a person as a
member from the nominations submitted by the enumerated farm
commodity groups under subsection (4), and the appointment of
the corresponding member appointed under subsection (1)(
e) is
terminated.
(7) If, at the time of the appointment of a member of the Board
under subsection (6), the corresponding alternate designation is
vacant, the remaining members may designate a person from the
nominations submitted by the enumerated commodity groups
under subsection (4) as an alternate to temporarily act in the place
of the member appointed under subsection (6) when the member is
temporarily absent or unable to act.
(8) The term of office of a member of the Board appointed under
subsection (1) or (6) or the term of an alternate designated under
subsection (3), (5) or (7) is not more than 3 years, and the start and
end of the terms for an alternate must coincide with those for the
corresponding member.
(9) A member of the Board may be appointed for one additional
term of office of not more than 3 years and an alternate may be
designated for one or more additional terms of not more than 3
years.
(10) The members of the Board select the chair and the vice-chair
at the first meeting of each calendar year from among the members
appointed under subsection (1)(e).
(11) If a member of the Board appointed under subsection (6) is
unable to carry out the duties of a member or has been absent for at
least 3 consecutive Board meetings and the alternate designated
under subsection (7) is unable to act or has been absent for at least
3 consecutive Board meetings while acting for the member, the
Board may appoint a member and designate an alternate under
subsections (6) and (7), and the appointment of the member
appointed under subsection (6) and the designation of the
corresponding alternate under subsection (7) are both terminated.
Section 8.5 is amended
(
a) by repealing subsection (1) and substituting the
following:
Appeals, applications for compensation
8.5(1) The Board must, within 7 business days of receiving
a notice of appeal or an application for compensation,
acknowledge its receipt.
(
b) in subsection (2) by striking out "10 days" and
substituting "14 business days";
(
c) by repealing subsection (3) and substituting the
following:
(3) The right of a party to an appeal or an application for
compensation does not prevent the parties from negotiating
before the commencement of an appeal or a hearing.
(
d) in subsection (9) by striking out "15 days" and
substituting "30 business days";
(
e) by repealing subsection (11) and substituting the
following:
(11) The panel hearing an appeal may confirm, vary or quash the
action or decision that is being appealed.
(11.1) The panel hearing an application for compensation may
award compensation in the amount applied for, deny the
application or award an amount less than the amount applied for.
Section 10 is amended by striking out "March 31, 2020"
and substituting "March 31, 2025".
Schedule 1 is amended
(
a) by striking out the heading "Schedule 1" and
substituting the heading "Schedule";
(
b) by repealing Form A and substituting the following:
Form A
Farm Implement and Dealership Act
Application for Licence as a Dealer
Business Name
Mailing Address
City/Town
Province
Postal Code
Business Telephone Number
Fax Number
Contact Person
General Manager
Telephone Number
Parts Manager
Telephone Number
Service Manager
Telephone Number
Accounts Payable
Telephone Number
Signing Authority for Retail Agreements
List of all locations other than the business given above where business is carried
out in Alberta under the business name given above:
Location
Telephone Number
Manager
Attach sheet if space is insufficient
List of distributors represented and brand lines sold:
Distributor Brand
Telephone Number
Attach sheet if space is insufficient
Are parts and service facilities maintained by
this applicant? [] Yes
[] No
If no, explain
This application is for [] Initial Licence or
[] Licence Renewal
I, the undersigned, hereby apply for a licence as a Farm Implement Dealer in
Alberta and declare that the above information is current and true to the best of my
knowledge.
Signature
Date
** Note ** Licence Fee and Levy will apply.
Forward application to:
Farm Implement and Dealership Act
Administration
Alberta Agriculture and Forestry
Room 100, J.G. O'Donoghue Building
7000 - 113 Street
Edmonton, AB T6H 5T6
Telephone: 310-FARM (3276) or
(403) 742-7901
Fax: (780) 427-3913
This information is being collected in
order to administer the "Farm
Implement and Dealership Act
Administration" Program. The
information is being collected in
compliance with
section 33(
c) of the
Freedom of Information and Protection
of Privacy Act. The information is used
only for the purpose for which it was
collected or for a purpose consistent
with that purpose. If you have any
questions regarding the information
collected here or its use, please contact
the Farmers' Advocate Office at 310-
3276 or 403-742-7901 outside of
Alberta.
(
c) by repealing Form C;
(
d) by repealing Form D and substituting the following:
Form D
Farm Implement and Dealership Act
Application for Licence as a Distributor
Business Name
Mailing Address
City/Town
Province/State
Postal/Zip Code
Phone Number
Fax Number
Contact Person
General Manager
Phone Number
Warranty Manager
Phone Number
Service Manager
Phone Number
Parts Manager
Phone Number
Accounts Payable
Phone Number
List of Alberta Dealers:
Name/Address
Phone Number (include area code)
Attach sheet if space is insufficient
List of farm implements distributed to Alberta Dealers:
Brand Line
Manufacturer
Type of Equipment
Attach sheet if space is insufficient
This application is for [] Initial Licence or
[] Licence Renewal
I, the undersigned, hereby apply for a licence as a Farm Implement Distributor in
Alberta and declare that the above information is current and true to the best of my
knowledge.
Signature
Date
** Note ** Licence Fee and Levy will apply.
Forward application to:
Farm Implement and Dealership Act
Administration
Alberta Agriculture and Forestry
Room 100, J.G. O'Donoghue Building
7000 - 113 Street
Edmonton, AB T6H 5T6
Telephone: 310-FARM (3276) or
(403) 742-7901
Fax: (780) 427-3913
This information is being collected in
order to administer the "Farm
Implement and Dealership Act
Administration" Program. The
information is being collected in
compliance with
section 33(
c) of the
Freedom of Information and Protection
of Privacy Act. The information is used
only for the purpose for which it was
collected or for a purpose consistent
with that purpose. If you have any
questions regarding the information
collected here or its use, please contact
the Farmers' Advocate Office at 310-
3276 or 403-742-7901 outside of
Alberta.
(
e) by repealing Form F;
(
f) by adding the following at the end of the Schedule:
Form G
Farm Implement and Dealership Act
Sale Agreement
CONTRACT FOR [] SALE [] LEASE [] LEASE PURCHASE (please check one)
OF A FARM IMPLEMENT IN THE PROVINCE OF ALBERTA
DATE
DATE OF INTENDED FIRST USE
GST REG#
DEALER'S NAME (SELLER)
PURCHASER'S NAME
ADDRESS
ADDRESS
reverse side hereof the following goods with all attachments and equipment (hereinafter called the "property"), delivery and
acceptance of which is hereby acknowledged by the Purchaser in good condition and as ordered.
POWER WARRANTY
Seller hereby warrants that the new machinery or equipment (or the engine or motor forming part hereof), if properly
maintained and operated under suitable conditions, is capable of developing ____________________________net engine
horsepower.
*NO WARRANTY ON USED EQUIPMENT UNLESS SPECIFIED IN COMMENTS BELOW*
QUANTITY
NEW OR USED
HOURS
PROPERTY DESCRIPTION (MAKE, MODEL, TYPE,
SIZE)
SERIAL NO.
AMOUNT
COMMENTS
SUBTOTAL
G.S.T.
PROV. TAX
SUBTOTAL
DOCUMENT FEES
TIRE FEES
OTHER FEES
TOTAL SELLING PRICE >
QUANTITY
HOURS
TRADE-IN DESCRIPTION (MAKE,
MODEL, TYPE, SIZE)
SERIAL NO.
AMOUNT
COMMENTS
SUBTOTAL
G.S.T.
PROV. TAX
SUBTOTAL
ANALYSIS OF SALE
TOTAL TRADE-IN ALLOWANCE >
1. TOTAL SELLING PRICE $______________________
AMOUNT OF ENCUMBRANCE
2. DISCOUNT AMOUNT ALLOWED $______________________
3. TOTAL PRICE (1-2) $______________________
NET TRADE-IN (TOTAL TRADE IN
ALLOWANCE-AMOUNT OF ENCUMBRANCE)
4. DOWNPAYMENT $______________________
5. NET TRADE-IN $______________________
BALANCE PAID BY
6. UNPAID BALANCE (3-4-5) $______________________
CHEQUE []
CREDIT CARD []
FINANCE CONTRACT []
LEASE []
MACHINE DISTRIBUTOR/MANUFACTURER ADDRESS
COVERING THE PURCHASE OF THE FARM IMPLEMENT(
S) AND EXTRA EQUIPMENT (EXTRA EQUIPMENT
INCLUDES ALL ATTACHMENTS OR ACCESSORIES TO THE IMPLEMENT(S)) DESCRIBED AND AT THE PRICE
SET FORTH ABOVE. THE PURCHASER ACKNOWLEDGES RECEIPT OF A TRUE COPY OF THIS AGREEMENT
SELLER__________________________ PURCHASER______________________________________________
(DEALER'S SIGNATURE OR AUTHORIZED REPRESENTATIVE) (PURCHASER'S SIGNATURE or if a corporation,
duly authorized representative's signature)
Schedule 2 is repealed.
18 This Regulation has effect on the coming into force of
section 2 of the Statutes Amendment Act, 2014 (No. 2).
Alberta Regulation 31/2020
Government Organization Act
AUTHORIZED ACCREDITED AGENCIES
(EXPIRY DATE EXTENSION) AMENDMENT REGULATION
Filed: March 17, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 068/2020)
on March 17, 2020 pursuant to
Schedule 10,
section 2 of the Government
Organization Act.
1 The Authorized Accredited Agencies Regulation
(AR 184/95) is amended by this Regulation.
Section 8 is amended by striking out "April 30, 2020" and
substituting "April 30, 2022".
--------------------------------
Alberta Regulation 32/2020
Government Organization Act
ELEVATING DEVICES, PASSENGER ROPEWAYS
AND AMUSEMENT RIDES ADMINISTRATION
(EXPIRY DATE EXTENSION) AMENDMENT REGULATION
Filed: March 17, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 69/2020)
on March 17, 2020 pursuant to
Schedule 10,
section 2 of the Government
Organization Act.
1 The Elevating Devices, Passenger Ropeways and
Amusement Rides Administration Regulation (AR 76/2011)
is amended by this Regulation.
Section 12 is amended by striking out "April 30, 2020" and
substituting "April 30, 2022".
Alberta Regulation 33/2020
Municipal Government Act
CHIEF MOUNTAIN REGIONAL SOLID WASTE
SERVICES COMMISSION REGULATION
Filed: March 17, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 070/2020)
on March 17, 2020 pursuant to
section 602.02 of the Municipal Government Act.
Table of Contents
Definitions
2 Establishment
3 Members of Commission
4 Services
5 Operating deficits
6 Sale of property
7 Profit and surpluses
8 Approval
9 Transfer of assets
10 Assumption of debts, etc.
Definitions
1 In this Regulation,
(a) "Commission" means the Chief Mountain Regional Solid
Waste Services Commission established by
section 2;
(b) "member" means a municipality referred to in
section 3.
Establishment
2 A regional services commission known as the Chief Mountain
Regional Solid Waste Services Commission is established.
Members of Commission
3 The following municipalities are members of the Commission:
(
a) County of Warner No. 5;
(
b) Cardston County;
(
c) Town of Raymond;
(
d) Town of Milk River;
(
e) Town of Magrath;
(
f) Town of Cardston;
(
g) Village of Stirling;
(
h) Village of Warner;
(
i) Village of Glenwood;
(
j) Village of Coutts;
(
k) Village of Hill Spring.
Services
4 The Commission is authorized to provide solid waste management
services.
Operating deficits
5 The Commission may not assume operating deficits that are shown
on the books of the Chief Mountain Regional Solid Waste Authority or
any of the members.
Sale of property
6(1) The Commission may not, without the approval of the Minister,
sell any of its land, buildings, equipment or inventory whose purchase
has been funded wholly or partly by grants from the Government of
Alberta.
(2) The Minister may not approve a sale under subsection (1) unless
the Minister is satisfied
(
a) as to the repayment of the grants from the Government of
Alberta and outstanding debt associated with that portion of
the land, buildings, equipment or inventory to be sold,
(
b) that the sale would not have a significant adverse effect on
the services the Commission provides, and
(
c) that the sale will be properly reflected in the rates
subsequently charged to the customers of the Commission.
Profit and surpluses
7 Unless otherwise approved by the Minister, the Commission may
not
(
a) operate for the purposes of making a profit, or
(
b) distribute any of its surpluses to its members.
Approval
8 The Minister may make an approval under
section 6 or 7 subject to
any terms or conditions the Minister considers appropriate.
Transfer of assets
9 The Chief Mountain Regional Solid Waste Authority and the
members shall execute all documents and do all things necessary to
transfer to the Commission the land, buildings and other property held
or acquired by the members for the provision of solid waste
management services to the members that are to be utilized by the
Commission to provide those services to the members.
Assumption of debts, etc.
10 All debts and liabilities, all titles, easements and rights of way and
crossing and all service, construction and consulting agreements
incurred, held or entered into by any of the members with respect to
the applicable land, buildings and other property held or acquired by
the members for the provision of solid waste management services to
the members are assumed by the Commission, and the Commission
shall enter into any agreements, execute any documents and do any
other things that are necessary to assume those debts, liabilities, titles,
easements, rights of way and crossing and agreements.
--------------------------------
Alberta Regulation 34/2020
Municipal Government Act
CANMORE UNDERMINING REVIEW REGULATION
Filed: March 17, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 071/2020)
on March 17, 2020 pursuant to
section 694 of the Municipal Government Act.
Table of Contents
Definitions
2 Scope
3 Undermining review exemption
4 Area Mining Impact Overview Report
5 Subdivision Mining Impact Assessment Report
6 Project Undermining Assessment Report
7 Minister may make guidelines
8 Development inconsistent with report or certificates
9 Notification of reports and certificates
10 Insurance
11 Caveat
12 Repeal
13 Coming into force
Schedules
Definitions
1(1) In this Regulation,
(a) "Act" means the Municipal Government Act;
(b) "Area Mining Impact Overview Report Compliance
Certificate" means the compliance certificate referred to in
section 4(b);
(c) "Area Mining Impact Overview Report Compliance Review
Certificate" means the review certificate referred to in
section 4(d);
(d) "Canmore" means The Town of Canmore;
(e) "Canmore agents" means
(
i) Canmore's councillors, chief administrative officer,
designated officers and employees,
(ii) members of Canmore's council committees, and
(iii) a volunteer member of a fire ambulance service or
emergency measures organization established by
Canmore or any other volunteer performing duties
under the direction of Canmore;
(f) "compliance certificate" means
(
i) an Area Mining Impact Overview Report Compliance
Certificate,
(ii) a Subdivision Mining Impact Assessment Report
Compliance Certificate, or
(iii) a Project Undermining Assessment Report Compliance
Certificate;
(g) "designated land" means
(
i) the land described in
Part 2 of
Schedule 1 and within the
boundaries shown on the map in
Part 1 of
Schedule 1,
including the Government road allowances,
(ii) the land required for access roads from Highway 1 to
the land described in subclause (i), and
(iii) the land required for access roads from Highway 742 to
the land described in subclause (i);
(h) "developer" means a person who, in respect of the designated
land, is planning a development, applies for subdivision
approval or undertakes a development through an application
for a development permit;
(i) "development" means development as defined in
section
616(
b) of the Act;
(j) "independent third party engineer" means a professional
engineer who did not assist in the preparation of the original
undermining report and is not associated with or employed
by the individuals or firm that prepared the original
undermining report;
(k) "landowner" means, in respect of land, the person who is
registered under the Land Titles Act as the owner of a fee
simple estate in the land;
(l) "Minister's guidelines" means the guidelines established
under
section 7;
(m) "professional engineer" means an individual who holds a
certificate of registration to engage in the practice of
engineering under the Engineering and Geoscience
Professions Act;
(n) "Project Undermining Assessment Report Compliance
Certificate" means the compliance certificate referred to in
section 6(1)(b);
(o) "Project Undermining Assessment Report Compliance
Review Certificate" means the review certificate referred to
section 6(1)(d);
(p) "review certificate" means
(
i) an Area Mining Impact Overview Report Compliance
Review Certificate,
(ii) a Subdivision Mining Impact Assessment Report
Compliance Review Certificate, or
(iii) a Project Undermining Assessment Report Compliance
Review Certificate;
(q) "Subdivision Mining Impact Assessment Report Compliance
Certificate" means the compliance certificate referred to in
section 5(1)(c);
(r) "Subdivision Mining Impact Assessment Report Compliance
Review Certificate" means the review certificate referred to
section 5(1)(e);
(s) "undermining and related conditions" means the presence of
coal and methane gas and any abandoned opening or
excavation in, or working of, the surface or subsurface for the
purpose of working, recovering, opening up or proving any
coal, coal-bearing substance or methane gas, and includes
abandoned works, waste piles and machinery at or below the
surface belonging to or used in connection with any or all of
the openings, excavations or workings;
(t) "undermining report" means
(
i) an Area Mining Impact Overview Report,
(ii) a Subdivision Mining Impact Assessment Report, or
(iii) a Project Undermining Assessment Report.
(2) A compliance certificate must be in Form 1 of
Schedule 2.
(3) A review certificate must be in Form 2 of
Schedule 2.
Scope
2 This Regulation applies only to designated land.
Undermining review exemption
3(1)
Part 17 of the Act and the Subdivision and Development
Regulation (AR 43/2002) do not apply with respect to undermining
and related conditions in designated land to the extent that those
provisions deal with the matters dealt with under this Regulation.
(2) Canmore and Canmore's agents have no responsibility, duty or
obligation to consider undermining and related conditions in
designated land with respect to the adoption of an area structure plan
or the subdivision, development or other land use planning function of
Canmore under
Part 17 of the Act and the Subdivision and
Development Regulation (AR 43/2002), including, without restricting
the generality of the foregoing, with respect to the enforcement,
maintenance or inspection of undermining and related conditions in
designated land.
(3) Except as provided in subsection (2), Canmore has all the duties,
obligations and responsibilities of a municipality under
Part 17 of the
Act.
Area Mining Impact Overview Report
4 Before the adoption of or an amendment to an area structure plan
with respect to the development of the designated lands,
(
a) the developer must, at the developer's expense, engage a
professional engineer to prepare an Area Mining Impact
Overview Report in accordance with the Minister's
guidelines and accepted professional practice,
(
b) if after reviewing the land the professional engineer is
satisfied that the land is suitable for the intended
development, the engineer must issue to the developer an
Area Mining Impact Overview Report Compliance
Certificate attesting to that fact and confirming that the Area
Mining Impact Overview Report was prepared in accordance
with the Minister's guidelines and accepted professional
practice,
(
c) on receipt of the Area Mining Impact Overview Report
Compliance Certificate, the developer must, at the
developer's expense, engage an independent third party
engineer to review the Area Mining Impact Overview Report
to determine whether the Report was prepared in accordance
with the Minister's guidelines and accepted professional
practice, and
(
d) if the independent third party engineer is satisfied that the
Area Mining Impact Overview Report was prepared in
accordance with the Minister's guidelines and accepted
professional practice, the independent third party engineer
must issue an Area Mining Impact Overview Report
Compliance Review Certificate.
Subdivision Mining Impact Assessment Report
5(1) Following approval of an area structure plan and before a
subdivision application is submitted with respect to the development of
the designated lands,
(
a) the developer must, at the developer's expense, engage a
professional engineer to prepare a Subdivision Mining
Impact Assessment Report in accordance with the Minister's
guidelines and accepted professional practice,
(
b) if municipal infrastructure is to be constructed the
Subdivision Mining Impact Assessment Report must identify
any necessary mitigative measures for the land that is to
receive the municipal infrastructure,
(
c) if after reviewing the land the professional engineer is
satisfied that the land is suitable for the intended
development, the engineer must issue to the developer a
Subdivision Mining Impact Assessment Report Compliance
Certificate attesting to that fact and confirming that the
Subdivision Mining Impact Assessment Report was prepared
in accordance with the Minister's guidelines and accepted
professional practice,
(
d) on receipt of the Subdivision Mining Impact Assessment
Report Compliance Certificate, the developer must, at the
developer's expense, engage an independent third party
engineer to review the Subdivision Mining Impact
Assessment Report to determine whether the Report was
prepared in accordance with the Minister's guidelines and
accepted professional practice, and
(
e) if the independent third party engineer is satisfied that the
Subdivision Mining Impact Assessment Report was prepared
in accordance with the Minister's guidelines and accepted
professional practice, the independent third party engineer
must issue a Subdivision Mining Impact Assessment Report
Compliance Review Certificate.
(2) If any mitigative measures, actions or duties are recommended
in the Subdivision Mining Impact Assessment Report, including but
not limited to monitoring of conditions and maintenance of
mitigative measures as set out in that Report, the developer and any
future landowners
(
a) must carry out the mitigative measures, actions and duties in
accordance with the recommendations, and
(
b) must engage a professional engineer to certify that the
mitigative measures, actions and duties have been carried out
in accordance with the recommendations.
Project Undermining Assessment Report
6(1) Before Canmore issues a development permit with respect to the
development of the designated lands,
(
a) the developer must, at the developer's expense, engage a
professional engineer to prepare a Project Undermining
Assessment Report in accordance with the Minister's
guidelines and accepted professional practice,
(
b) if after reviewing the land the professional engineer is
satisfied that the land is suitable for the intended
development, the engineer must issue to the developer a
Project Undermining Assessment Report Compliance
Certificate attesting to that fact and confirming that the
Project Undermining Assessment Report was prepared in
accordance with the Minister's guidelines and accepted
professional practice,
(
c) on receipt of the Project Undermining Assessment Report
Compliance Certificate, the developer must, at the
developer's expense, engage an independent third party
engineer to review the Project Undermining Assessment
Report in order to determine whether the Report was
prepared in accordance with the Minister's guidelines and
accepted professional practice, and
(
d) if the independent third party engineer is satisfied that the
Project Undermining Assessment Report was prepared in
accordance with the Minister's guidelines and accepted
professional practice, the independent third party engineer
must issue a Project Undermining Assessment Report
Compliance Review Certificate.
(2) If any mitigative measures, actions or duties are recommended
in the Project Undermining Assessment Report, including but not
limited to monitoring of conditions and maintenance of mitigative
measures as set out in that Report, the developer and any future
landowners
(
a) must carry out the mitigative measures, actions and duties in
accordance with the recommendations, and
(
b) must engage a professional engineer to certify that the
mitigative measures, actions and duties have been carried out
in accordance with the recommendations.
Minister may make guidelines
7 The Minister may, by order, establish guidelines for the purposes of
sections 4, 5 and 6.
Development inconsistent with report or certificates
8 If a developer wishes to undertake a development that is not
consistent with an undermining report prepared with respect to that
development, or with a compliance certificate or a review certificate
issued with respect to that development, the developer must before
undertaking that development ensure that a new undermining report is
prepared in accordance with sections 4, 5 and 6 and the Minister's
guidelines, as applicable.
Notification of reports and certificates
9(1) On completing a review certificate, a professional engineer
engaged by a developer must
(
a) send the original undermining report, a copy of the applicable
compliance certificate and a copy of the relevant review
certificate to the Minister,
(
b) send a copy of the undermining report, a copy of the
applicable compliance certificate and a copy of the relevant
review certificate to Canmore, and
(
c) send a copy of the undermining report, a copy of the
applicable compliance certificate and a copy of the relevant
review certificate to the developer.
(2) The Minister must notify Canmore and the developer on receipt of
an undermining report, a compliance certificate and a review
certificate provided by an independent third party engineer.
(3) Canmore must retain a copy of any undermining report,
compliance certificate and review certificate and make it available at a
location within the municipal boundaries of Canmore that is open to
the general public during normal business hours.
(4) The requirement to send undermining reports, compliance
certificates and review certificates, or copies of them, to the Minister
under this Regulation is solely for record-keeping purposes and does
not require the Minister or any department administered by the
Minister to undertake any further review or any assessment of a report
or certificate.
Insurance
10(1) The developer must ensure that every professional engineer and
independent third party engineer engaged by the developer under this
Regulation maintains professional errors and omissions liability
insurance coverage to insure against claims for damages arising from
the engineer's professional errors and omissions while performing
professional services referred to in this Regulation, in an amount of
at least $5 000 000 per claim and in the aggregate and for a period of
10 years from the date the documents referred to in
section 9(1)(
b) are
sealed by the applicable engineer.
(2) The developer must maintain general liability insurance, in an
amount of at least $5 000 000 per occurrence, insuring against bodily
injury, personal injury and property damage, including loss of use of
the property, for the period of time that the developer is involved in the
development plus 2 years.
(3) The developer must, on an annual basis, submit to the Minister a
certificate providing proof of the insurance required under subsections
(1) and (2).
Caveat
11(1) A developer must, within 90 days of receipt of an undermining
report and the applicable review certificate, file with the Registrar of
Land Titles a caveat against any title to land for which an undermining
report was prepared and a review certificate issued under this
Regulation, and the Registrar may register the caveat.
(2) A caveat under subsection (1) must describe the undermining and
related conditions of the land and the duties of a landowner with
respect to the undermining and related conditions.
Repeal
12 The Canmore Undermining Review Regulation (AR 114/97) is
repealed.
Coming into force
13 This Regulation has effect on April 1, 2020.
Schedule 1
Part 1
Designated Land (Map)
Part 2
Designated Land (Description)
If there is a discrepancy between the map in
Part 1 and the description
in this Part, the description in this Part prevails.
Plan
Legal Description
Former Area
Acreage
SW 1/4 7 24 9 W5M
Area F
52.36 acres
NW 1/4 11 24 10 W5M
Area O
4.79 acres
NE 1/4 11 24 10 W5M
Area N
55.13 acres
RW37
tramway right of way
Grainger Collieries Limited NW 12 24 10
W5M
4.47 acres
NE 1/4 12 24 10 W5M
Area K
82.45 acres
SE 1/4 12 24 10 W5M
Area M
90.34 acres
SW 1/4 12 24 10 W5M
Area L
2.86 acres
NW 1/4 12 24 10 W5M,
excepting thereout: tramway R/W 37 (4.47 ac)
Area J
126.88 acres
SE 1/4 14 24 10 W5M LSD 1 & 2
Area P
60.74 acres
SE 1/4 14 24 10 W5M
Area P
16.23 acres
NW 1/4 14 24 10 W5M
Area R
18.07 acres
SW 1/4 14 24 10 W5M,
and all subdivisions and plans contained therein
Area Q
157.83 acres
NW 1/4 15 24 10 W5M,
and all subdivisions and plans contained therein
Area U
131.80 acres
SE 1/4 15 24 10 W5M,
and all subdivisions and plans contained therein
Area S
29.95 acres
NE 1/4 15 24 10 W5M,
and all subdivisions and plans contained therein
Area T
119.26 acres
NW 1/4 16 24 10 W5M
Area Z
5.23 acres
NE 1/4 16 24 10 W5M,
and all subdivisions and plans contained therein
Area Y
71.90 acres
NE 1/4 20 24 10 W5M, excepting thereout:
N 1/2 LSD 16 in NE 1/4 (19.97 ac)
Area HH
22.14 acres
NE 1/4 20 24 10 W5M N 1/2 LSD 16 in NE 1/4
Area HH
19.97 acres
SE 1/4 21 24 10 W5M, and all subdivisions
and plans contained therein
Area AA
171.65 acres
SW 1/4 21 24 10 W5M, and all subdivisions
and plans contained therein
Area BB
87.25 acres
That portion of NE 1/4 21 24 10 W5M
commencing south of the southern boundary of
the Bow River containing 119.89 acres, and all
subdivisions and plans contained therein.
Area CC
119.89 acres
NW 1/4 21 24 10 W5M, and all subdivisions
and plans contained therein
Area DD
169.49 acres
SE 1/4 22 24 10 W5M, and all subdivisions
and plans contained therein
Area V
10.50 acres
NW 1/4 22 24 10 W5M, and all subdivisions
and plans contained therein
Area X
14.83 acres
SW 1/4 22 24 10 W5M LSD 5 and 6, and all
subdivisions and plans contained therein
Area W
36.95 acres
SW 1/4 22 24 10 W5M LSD 3 and 4, and all
subdivisions and plans contained therein
Area W
72.17 acres
SW 1/4 28 24 10 W5M SW, described as follows
commencing at the south west corner of said
quarter
section thence northerly along the west
boundary thereof to its intersection with the south
bank of the Bow River thence south easterly
along the said south bank of said river to its
intersection with the south boundary of said
quarter
section thence westerly along said south
boundary to the place of commencement as
shown on plan of survey of the said township
dated 2 March 1889 containing 12.9 hectares
(32 acres) more or less
Area EE
32.00 acres
SE 1/4 28 24 10 W5M
Area GG
3.45 acres
SW 1/4 28 24 10 W5M
Area FF
0.97 acres
Portion of Area A (Island) lying within
SW 28-24-10-5 containing 3.18 hectares
(7.86 acres) more or less excepting thereout
all mines and minerals
Area A
(Island)
7.86 acres
FIRST:
Portion of Area A (Island) lying within
SE 28-24-10-5 containing 1.99 hectares
(4.92 acres) more or less excepting thereout
all mines and minerals
SECONDLY:
Area 'B' (Island) containing 0.279 hectares
(0.69 acres) more or less excepting thereout
all mines and minerals
Area A
(Island)
Area B
(Island)
4.92 acres
(A)
0.69 acres
(B)
SW 1/4 28 24 10 W5M, Area "C" containing
2.38 hectares (5.88 acres) more or less,
excepting thereout all mines and minerals
Area C
5.88 acres
SE 1/4 29 24 10 W5M, Area "B" containing
3.95 hectares (9.76 acres) more or less,
excepting thereout all mines and minerals
Area B
9.76 acres
N/A
SE 1/4 29 24 10 W5M containing
(
A) Legal Subdivision 1, the east half of
Legal Subdivision 2, the east half of the
south half of Legal Subdivision 7 and
those portions of Legal Subdivision 8
which lie to the southwest and northeast of
the Bow River containing 40.472 hectares
(99.92 acres) more or less excepting
thereout:
Subdivision 9312316 (0.069 ha),
Subdivision 9512060 (3.952 ha),
Subdivision 9610638 (4.742 ha),
Subdivision 9611299 (1.616 ha),
Portion of,
Area II
95.20 acres
Subdivision 9710407 (2.51 ha),
Road 9711289 (1.196 ha),
Road 9813256 (2.73 ha),
Subdivision 9813497 (2.42 ha).
(
B) That portion of Legal Subdivision 8
which lies northeast of the left bank of
the Bow River as shown on the Township
Plan approved at Ottawa 22 October 1928
containing 0.067 hectares (1.5 acres) more
or less; and
(
C) Subdivision 0112391 (1.24 ha) excepting
thereout all mines and minerals
N/A
NE, NW, SE, SW 1/4 29 24 10 W5M, those
portions which lies to the east and west of the
Bow River as shown on the township plan
approved at Ottawa 2 March 1889 containing
36.4 hectares (90 acres) more or less east of the
river and containing 184 hectares (456 acres)
more or less west of the river excepting
thereout:
"Staircase
Lands"
(
A) the west half of the south half of Legal
Subdivision 2, all of Legal Subdivisions
3, 4, and 5, and the west half of Legal
Subdivision 6, all of Legal Subdivision 12,
and the south half of the west half of Legal
Subdivision 13, all in said
section 29
containing 80.9 hectares (200 acres)
more or less
(
B) Legal Subdivision 1, the east half of Legal
Subdivision 2, the east half of the south
half of Legal Subdivision 7, and those
portions of Legal Subdivision 8 which lie
to the south west and north east of Bow
River all within said
section 29 containing
40.5 hectares (99.92 acres) more or less
(
C) those portions of Legal Subdivisions 7, 10,
11 and 14 in said
section 29, bounded as
follows:
commencing at the south east corner of
the east half of the north half of said
Legal Subdivision 7, thence westerly on
an assumed bearing of due west, a
distance of 400 feet, thence in a north
westerly direction to intersection with
the north western corner of the said east
half of said Legal Subdivision 7, thence
north 35 degrees west a distance of 600
feet, thence north 68 degrees west to
intersection with the southern limit of
the road on Plan 7367 JK, thence north
easterly along said southern limit to
intersection with the southern boundary
of Block 'D2" on Plan RW 542, thence
easterly along said southern boundary
of Block 'D2' to intersection with west
bank of the Bow River as shown on the
Township Plan approved at Ottawa
March 2, 1889 thence southerly along
said west bank to intersection with the
east boundary of said Legal Subdivision
7, thence southerly along the said east
boundary of said Legal Subdivision 7,
to the point of commencement
containing 13.0 hectares (32.2 acres)
more or less
(
D) plan
number
hectares
(acres)
more
or less
road
road
subdivision
road
subdivision
subdivision
road
7687 HX
528 IX
4171 JK
7367 JK
0.004
0.085
3.23
3.14
29.8
20.62
1.393
0.604
0.01
0.21
7.98
7.76
73.81
50.95
3.44
1.49
(NW)
(NW)
(NW)
(NW)
(NE)
(NW)
(NW)
(SW)
subdivision
subdivision
subdivision
subdivision
road
1.029
2.733
2.412
4.079
6.191
2.075
0.004
0.671
2.54
6.75
5.96
10.1
15.30
5.15
0.01
1.66
(SW)
(NW)
(NE)
(SE)
(SE)
(SW)
(NE)
(SE)
Excepting thereout all mines and minerals
Lease Area
'A' - Land
described in
Miscellaneous
Lease #910136
Schedule 2
Certificates
Form 1
Compliance Certificate
Pursuant to the Canmore Undermining Review Regulation, a review of
the land described in (name of undermining report) dated was
carried out to determine whether the area is suitable for the intended
development, , having regard to undermining and related
conditions. The review was made in accordance with the guidelines
established by order of the Minister and accepted professional practice
and accordingly includes the investigations considered necessary in the
circumstances.
In my opinion, the land described in the above report is considered
suitable for the intended development, subject to any mitigative
measures outlined in the (name of undermining report) with respect to
the undermining and related conditions.
Professional Seal
Municipality:
Date:
Form 2
Compliance Review Certificate
Pursuant to the Canmore Undermining Review Regulation, I have
made a review of the (name of undermining report) dated _______ to
determine whether the report complies with the guidelines established
by order of the Minister and whether the review of the land described
in the report was made in accordance with accepted professional
practice and accordingly included the investigations necessary in the
circumstances.
In my opinion, the (name of undermining report) complies with the
guidelines established by order of the Minister.
In my opinion, the review of the land described in the (name of
undermining report) was made in accordance with accepted
professional practice and accordingly included the investigations
necessary in the circumstances.
I certify that I did not assist in the preparation of the (name of
undermining report) and I am not associated with or employed by the
individuals or firm that prepared the undermining report.
Professional Seal
Municipality:
Date:
--------------------------------
Alberta Regulation 35/2020
Safety Codes Act
PRESSURE WELDERS (EXPIRY DATE
EXTENSION) AMENDMENT REGULATION
Filed: March 17, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 072/2020)
on March 17, 2020 pursuant to
section 65 of the Safety Codes Act.
1 The Pressure Welders Regulation (AR 169/2002) is
amended by this Regulation.
Section 25 is amended by striking out "May 31, 2020" and
substituting "May 31, 2022".
--------------------------------
Alberta Regulation 36/2020
Judicature Act
ALBERTA RULES OF COURT AMENDMENT REGULATION
Filed: March 17, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 078/2020)
on March 17, 2020 pursuant to
section 28.1 of the Judicature Act.
1 The Alberta Rules of Court (AR 124/2010) are amended
by this Regulation.
2 Rule 2.23 is amended by adding the following after
subrule (3):
(4) This rule does not affect the discretion of the Court, subject to
any limits imposed under the Legal Profession Act, to grant a right of
audience to any agent, other than a lawyer, to speak on behalf of an
individual or corporation.
3 Rule 3.36(1) is amended by adding "and
Part 11, Division 8"
after "subrule (2)".
4 Rule 3.74(2)(
b) is amended by adding "person or" after
"made by a".
5 Rule 4.16 is amended by adding the following after
subrule (3):
(4) A case management judge or a case conference judge may, on
application or on the Court's own motion, by order direct that the
parties participate in a dispute resolution process.
(5) In determining whether an order under subrule (4) should be
made, the case management judge or case conference judge may
consider all relevant circumstances, including
(
a) the issues in the litigation,
(
b) the nature of the cause of action and the relief claimed,
(
c) the identity, relationship and means of the parties,
(
d) whether the action has proceeded to a stage at which
alternative dispute resolution is likely to be successful,
including whether record production and questioning are
sufficiently advanced to support the dispute resolution
process, and
(
e) whether any of the factors in subrule (2) justify delaying,
modifying or dispensing with the need to participate in a
dispute resolution process.
(6) As part of an order made under subrule (4), the case
management judge or case conference judge may give directions
respecting any aspect of the dispute resolution process, including
(
a) the identity of a neutral third party to be involved in the
process,
(
b) where an equal sharing of the expenses is not appropriate,
directions apportioning the responsibility of each party for
the expenses of the neutral third party and other
disbursements relating to the process,
(
c) the time, location, structure or conduct of the process, and
(
d) the consequences of the failure of any party to comply with
any directions, or to pay its share of the expenses.
6 Rule 5.8 is repealed and the following is substituted:
Producible records for which there is
an objection to produce
5.8(1) Subject to subrules (3) to (5), for each producible record that
a party objects to produce, the affidavit of records must
(
a) number the record in a convenient order, and
(
b) describe the grounds for the objection to produce the record.
(2) For the purposes of this rule, the description in the affidavit of
records of any record the party objects to produce and the grounds
for the objection must be sufficient to enable a court reviewing the
records to confirm that each record is disclosed in the affidavit
without undermining or proving the privilege that is claimed in
respect of the records.
(3) Subject to subrule (4), if a party objects to produce a number of
related records on the same grounds, the records may be bundled and
numbered, and the records along with the grounds for the objection
to produce the records may be collectively described in the affidavit
of records.
(4) For greater certainty,
(
a) producible records that a party objects to produce that are in
the files of a lawyer
(
i) may be disclosed collectively in the affidavit of records
without being numbered, if the records consist of the
lawyer's work product, including working notes and
memoranda prepared by the lawyer or the law firm and
communications with the client and opposing counsel,
(ii) may be numbered or bundled and may be disclosed
collectively in the affidavit of records, if the records are
described in a manner that distinguishes
(
A) records for which solicitor and client privilege is
claimed,
(
B) records that were prepared for the dominant
purpose of litigation, and
(
C) records for which production is objected to on a
ground other than those referred to in paragraphs
(
A) and (B),
and
(
b) producible records that a party does not object to produce
that are in the files of a lawyer must be separately disclosed
in the affidavit of records.
(5) Expert reports prepared for the dominant purpose of litigation,
and records related to those expert reports, must be disclosed in
accordance with rule 5.35, and not in accordance with this
Division.
7 Rule 5.18 is amended by adding "or partnership" after
"corporation" wherever it occurs.
8 Rule 8.5(2) is repealed and the following is substituted:
(2) Subject to rule 1.5(4), the Court may make any procedural order
to expedite or facilitate activities necessary to meet or to obtain a
trial date.
(3) An order may be made under subrule (2) despite the fact that the
parties
(
a) have signed a Form 37 or Form 38, or
(
b) have complied with rule 8.4(3).
9 Rule 10.10(2) is amended by striking out "6 months" and
substituting "one year".
10 Rule 10.13 is amended
(
a) in subrules (2)(
b) and (3)(
b) by striking out ", in a
sealed envelope,";
(
b) by adding the following after subrule (4):
(5) A notice of appointment must be filed, endorsed and
served in the same manner as a commencement document.
11 Rule 10.14(1)(
c) is amended by striking out ", in a sealed
envelope,".
12 Rule 10.15 is amended
(
a) by striking out "filed under rule 10.13 or 10.14" and
substituting ", time records and other evidence filed for the
purposes of a review of a retainer agreement or a lawyer's
charges";
(
b) in clause (
a) by striking out "in the agreement" and
substituting "filed for the purposes of a review";
(
c) in clause (
b) by striking out "agreement or information
that is filed" and substituting "information filed for the
purposes of a review".
13 Rule 10.17 is amended by adding the following after
subrule (1)(g):
(
h) determine the applicability of a time period specified in these
rules in respect of a review conducted under this Division
and extend or shorten an applicable time period.
14 Rule 10.20(1) is amended by adding ", on application by a
party with notice to the other party," after "Court".
15 Rule 10.33 is amended by adding the following after
subrule (2)(g):
(
h) any offer of settlement made, regardless of whether or not the
offer of settlement complies with
Part 4, Division 5.
16 Rule 11.2 is renumbered as rule 11.2(2) and the
following is added before subrule (2):
Service not invalid
11.2(1) This rule applies to service of
(
a) a document other than a commencement document, or
(
b) a document at the registered office of any person required by
an enactment to have a registered office.
17 Rule 11.26 is repealed and the following is substituted:
Method of service outside Alberta
11.26(1) Subject to subrule (2), unless the Court otherwise orders,
if a document may be served outside Alberta under these rules, the
document must be served
(
a) by a method provided by these rules for service of the
document in Alberta, or
(
b) in accordance with the law of the jurisdiction in which the
person to be served is located.
(2) Where a document is to be served in a jurisdiction to which the
Hague Convention on the Service Abroad of Judicial and
Extrajudicial Documents in Civil or Commercial Matters applies, the
document must be served in accordance with Division 8.
(3) Service under subrule (1) is effected
(
a) if the document is served under subrule (1)(a), on the date
specified by these rules for when service is effected, or
(
b) if the document is served under subrule (1)(b), in accordance
with the law of the jurisdiction in which the person is served.
(4) Service under subrule (2) is effected on the date service is
effected under the Hague Convention on the Service Abroad of
Judicial and Extrajudicial Documents in Civil or Commercial
Matters.
18 Rule 11.27 is amended
(
a) in subrule (1) by striking out "On application, the Court
may" and substituting "Except in respect of a document
that must be served in accordance with Division 8, the Court
may, on application,";
(
b) by repealing subrule (4) and substituting the
following:
(4) Subrules (1) and (3) apply despite any previous order that
permitted or directed service of the document by a particular
method.
19 The following is added after Rule 11.32:
Division 8
Service in a Contracting State
under the Hague Convention
Definitions
11.33 In this Division,
(a) "Central Authority" means the central authority designated
by a Contracting State under the Convention;
(b) "Contracting State" means a State party to the Convention,
other than Canada;
(c) "Convention" means the Convention on the Service Abroad
of Judicial and Extrajudicial Documents in Civil or
Commercial Matters, concluded at The Hague on November
15, 1965.
Service in Contracting State
11.34(1) A commencement document that is to be served in a
Contracting State must be served
(
a) through the Central Authority in the Contracting State using
the Request for Service Abroad of Judicial or Extrajudicial
Documents, Certificate, Warning and
Summary of the
Document to be Served in the Model Form annexed to the
Convention, as amended or replaced from time to time,
(
b) directly through Canadian diplomatic or consular agents,
unless the document is being served on a national who is not
Canadian and the Contracting State has declared that it is
opposed to that method of service within its territory,
(
c) through consular channels where the Contracting State has
designated an authority to receive requests for service
through these channels,
(
d) through diplomatic channels,
(
e) by another method that is provided in the Convention and is
set out in rule 11.26(1), unless the Contracting State has
objected to that method, or
(
f) by a method that is set out in rule 11.26(1) and is not
prohibited by the Convention.
(2) Despite subrule (1), a commencement document that is to be
served in a Contracting State must be served in accordance with rule
11.26(1) if
(
a) the Contracting State has determined that the Convention
does not apply, or
(
b) the address of the person to be served is unknown.
(3) Service may be proved,
(
a) for service under subrule (1)(a), with a certificate in the
Model Form annexed to the Convention, as amended or
replaced from time to time, issued by the Central Authority
of the Contracting State, or any authority designated by the
Contracting State for that purpose, which states that the
document was served, or
(
b) in any other case, by a method provided in rule 11.30 or by a
method provided by the law of the jurisdiction where service
was made.
Default judgment under the Convention
11.35(1) If a commencement document was served on a defendant in
accordance with any clause of rule 11.34(1)(
a) to (
e) and the defendant
has not served and filed a statement of defence or demand of notice,
judgment may be given under
Part 3, Division 4.
(2) Despite subrule (1), judgment may be given without establishing
that the document was served on the defendant if
(
a) the commencement document was transmitted for service in
accordance with any clause of rule 11.34(1)(
a) to (e),
(
b) a period of not less than 6 months, or such longer period as
the Court considers adequate in the circumstances, has
elapsed since the day on which the commencement document
was transmitted, and
(
c) every reasonable effort was made to obtain proof of service
through competent authorities from the Contracting State to
which the commencement document was transmitted.
(3) The court may extend the time to seek relief from a default
judgment under rule 9.15(3) if
(
a) the defendant, without any fault on the defendant's part, did
not have knowledge of the document in sufficient time to
defend, or knowledge of the judgment in sufficient time to
appeal, and
(
b) the defendant has disclosed a prima facie defence to the
action on the merits.
(4) Subrule (3) does not apply to a judgment concerning the status or
capacity of persons.
20 Rule 13.36(1)(
b) is amended by adding "or 30 to 32.1"
after "items 1 to 4".
21 Rule 14.28(1) is amended by striking out "Appeal Record"
and substituting "record before the Court of Appeal".
22 Rule 14.47 is repealed and the following is substituted:
Application to restore an appeal
14.47 An application to restore an appeal that has been struck,
dismissed or deemed abandoned
(
a) must be filed and served as soon as reasonably possible, and
(
b) must be returnable no later than
(
i) for a standard appeal, 6 months after having been
struck, dismissed or deemed abandoned, or
(ii) for a fast track appeal, 3 months after having been
struck, dismissed or deemed abandoned.
23 Rule 14.54 is repealed and the following is substituted:
Format of memorandum
14.54 A memorandum filed on an application
(
a) must be formatted in the same manner as a factum under rule
14.26(1),
(
b) must not be longer than
(i) 10 double-spaced pages for an application for
permission to appeal, or
(ii) 5 double-spaced pages for any other application,
(
c) may in addition attach a chronology, where that is relevant to
the application, and
(
d) in an application for permission to appeal, must
(
i) include a copy of the reasons for the decision proposed
to be appealed, and
(ii) state the exact questions of law on which permission to
appeal is requested.
24 Form 33 in Division 1 of
Schedule A is amended by
adding "(Indicate name(
s) and status of party or parties receiving the
Notice to Admit)" after "NOTICE TO PARTY RECEIVING NOTICE
TO ADMIT".
25 Form 42 in Division 1 of
Schedule A is amended
(
a) by striking out
CLIENT(S) (Indicate if Applicant)
LAWYER(S) (Indicate if Applicant)
and substituting
APPLICANT(S) (Name of client, lawyer or law firm)
RESPONDENT(S) (Name of client, lawyer or law firm)
(
b) by striking out "agreement(
s) that is (are) required to be
served with this notice of appointment" and substituting
"agreement(
s) dated (list all retainer agreements to be
reviewed)";
(
c) by striking out "account(
s) that is (are) required to be
served with this notice of appointment" and substituting
"account(
s) dated (list all accounts to be reviewed)";
(
d) by striking out "what they want in your absence" and
substituting "what is being requested, without you being
there to object";
(
e) by striking out "signed account" and substituting
"signed accounts";
(
f) by striking out "and any retainer agreement" and
substituting ", any retainer agreement that was entered into
for the services you provided and any time records kept by
you for the services";
(
g) by striking out "specified by the review officer, and if"
and substituting "specified by the review officer. If".
26 Form 43 in Division 1 of
Schedule A is amended by
striking out
CLIENT(S) (APPELLANT(S))
LAWYER(S) (RESPONDENT(S))
and substituting
APPELLANT(S) (Name of client, lawyer or law firm)
RESPONDENT(S) (Name of client, lawyer or law firm)
27 Form 44 in Division 1 of
Schedule A is repealed and the
following is substituted:
Form 44
[Rule 10.35(1)]
Clerk's stamp:
COURT FILE NUMBER
COURT OF QUEEN'S BENCH
OF ALBERTA
JUDICIAL CENTRE
PLAINTIFF(
S) DEFENDANT(
S) DOCUMENT BILL OF COSTS
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
BILL OF COSTS OF [NAME AND STATUS]
Fees claimed:
ITEM NO.
ITEM
AMOUNT
Taxable Disbursements (subject to GST):
DESCRIPTION
AMOUNT
Non-taxable Disbursements (not subject to GST):
DESCRIPTION
AMOUNT
Other Charges:
DESCRIPTION
AMOUNT
GST:
(
a) Amount claimed on fees: $______________
(
b) Amount claimed on disbursements: $______________
(
c) Amount claimed on other charges: $______________
TOTAL GST: $______________
By making the above claim for an additional amount on account of
goods and services tax, the party entitled to the costs award
warrants that it is not entitled under the Excise Tax Act (Canada) to
a refund or rebate of any goods and services tax paid.
Total amount claimed:
Fees: $___________________
Taxable Disbursements: $___________________
Non-taxable Disbursements: $___________________
Other Charges: $___________________
GST: $___________________
TOTAL: $___________________
Amount allowed by assessment officer:
Fees: $___________________
Taxable Disbursements: $___________________
Non-taxable Disbursements: $___________________
Other Charges: $___________________
GST: $___________________
TOTAL: $___________________
Person responsible for preparation of this Bill of Costs:
________________________ ________________________
Signature Print Name
CERTIFICATE OF ASSESSMENT OFFICER:
I, ___________________, certify the following amount(
s) that is
(are) to be paid
By Plaintiff: $_______________________
By Defendant: $_______________________
to (name of party or parties to receive the costs awarded).
I also certify the following special circumstance(
s) and the amount
to be paid by each party with respect to the special circumstance(s):
Dated: _________________ __________________________
Signature of Assessment Officer
28 Form FL-27 in Division 2 of
Schedule A is amended
(
a) in the heading before item 9 by striking out "The
following clauses" and substituting "The following
clause";
(
b) by repealing item 10 and substituting the following:
(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.)
10. 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.
(
c) by adding "child" after "in every" in the heading
before item 11.
29 Form FL-42 in Division 2 of
Schedule A is repealed and
the following is substituted:
Form FL-42
Clerk's stamp:
COURT FILE NUMBER
COURT [] PROVINCIAL COURT OF ALBERTA
[] COURT OF QUEEN'S BENCH
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(
S) RESPONDENT(
S) DOCUMENT STATEMENT - CONTACT
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I, , swear/affirm that:
(Choose one)
1. [] I am a guardian of the child(ren). My relationship to the
child(ren) is (father, aunt, etc.) .
[] I am not a guardian of the child(ren). My relationship to
the child(ren) is (father, aunt, etc.) .
2. I am applying for an order specifying contact between the
child(ren) and (name) ("the person for whom contact is
proposed"), who is not a guardian of the child(ren) and
whose relationship to the child(ren) is (grandmother,
uncle, etc.) .
(Choose one)
3. [] I have obtained or am seeking permission from the Court
to commence this application. (attach copy of court
order granting permission to apply for contact, if an
order has already been obtained)
[] I do not require permission from the Court to commence
this application because:
(Choose one)
[] I am a parent of the child(ren).
[] I am a guardian of the child(ren).
[] I am a person standing in the place of a parent to
the child(ren). (describe in paragraph 9 below)
[] I am a grandparent whose contact with
the child(ren) has been interrupted by the
separation of the parents, which occurred on
(approximate date) .
[] I am a grandparent whose contact with the
child(ren) has been interrupted by the death of
the (father or mother) , who died
on (approximate date) .
4. The child(ren) live(
s) with .
(Choose any applicable statements)
5. I am applying to the Court for an order specifying the
following contact between the person for whom contact is
proposed and the child(ren):
[] visits: (provide dates and times that would be most
suitable)
[] oral communication.
[] written communication.
[] other method of communication: (provide specifics)
6. The person for whom contact is proposed last had contact with
the child(ren) on (date) .
7. The proposed contact is in the best interests of the child(ren)
because: (specify - you may wish to refer to
section 35 of
the Family Law Act regarding the best interests of the child) .
8. The guardian(s)'s denial of contact between the child(ren) and
the person for whom contact is proposed is unreasonable
because: (specify) .
9. I have the following other information in support of my
application: (specify) .
Sworn/Affirmed before me )
on ____________________, 20____, )
at , Alberta )
) Applicant's Signature
Justice of the Peace or
Commissioner for Oaths
in and for the Province of Alberta
30 Form FL-44 in Division 2 of
Schedule A is repealed and
the following is substituted:
Form FL-44
Clerk's stamp:
COURT FILE NUMBER
COURT [] PROVINCIAL COURT OF ALBERTA
[] COURT OF QUEEN'S BENCH
JUDICIAL CENTRE (QUEEN'S BENCH)
COURT LOCATION (PROVINCIAL COURT)
APPLICANT(
S) RESPONDENT(
S) DOCUMENT STATEMENT - PERMISSION FROM THE
COURT (TO APPLY FOR CONTACT)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT
I, , swear/affirm that:
1. I am not a parent or a guardian of the child(ren), a person
standing in the place of a parent to the child(ren) or a
grandparent whose contact with the child(ren) has been
interrupted by the separation of the child(ren)'s parents or by
the death of one of the parents of the child(ren).
2. I ask for permission from the Court to make an application
for an order specifying contact between the child(ren) and
(name) ("the person for whom contact is proposed").
3. The person for whom contact is proposed has the following
relationship to the child(ren): (aunt, uncle, etc.) .
4. The child(ren) live(
s) with .
5. The person for whom contact is proposed has been part of the
child(ren)'s life (lives) in the following ways: (specify) .
6. The person for whom contact is proposed last had contact
with the child(ren) on (date) .
7. It is in the child(ren)'s best interests for the Court to order
contact between the child(ren) and the person for whom
contact is proposed because: (specify) .
8. I have the following other information in support of my
application: (specify) .
Sworn/Affirmed before me )
on ____________________, 20____, )
at , Alberta )
) Applicant's Signature
Justice of the Peace or
Commissioner for Oaths
in and for the Province of Alberta
31 Division 2 of
Schedule C is repealed and the following
is substituted:
Division 2
The Tariff
Effective May 1, 2020, this
Schedule applies, subject to an agreement or Court
Order to the contrary, to all assessable items, whether the activity described in
the item happened before or after that date. For the purpose of evaluating an
offer under rule 4.29, costs must be calculated under this
Schedule as it existed
on the date when the offer was made.
Unless the Court orders otherwise, matters that have no monetary amounts, for
example, injunctions, will be dealt with under Column 1. Costs in relation to
residential tenancies are not dealt with under any of these columns and are in
the discretion of the Court. For monetary amounts within the jurisdiction of the
Provincial Court, see rule 10.42.
IITEM AND ITEM NUMBER
COLUMN 1
COLUMN 2
COLUMN 3
COLUMN 4
COLUMN 5
Up to and
including
$75 000
Over
$75 000
up to and
including
$200 000
Over
$200,000
up to and
including
$675 000
Over
$675 000
up to and
including
$2 million
Over
$2 million
Commencement documents,
pleadings, related documents
1(1) Commencement documents, affidavits, pleadings and related documents and amendments.
(2) When the matter is uncontested (a default judgment is an example of an uncontested matter),
the limit of recovery is 50% of this amount.
Uncontested trial
2 Uncontested trial appearance.
Disclosure under
Part 5
3(1) Disclosure of records under
Part 5, including affidavit of records.
(2) Review of opposite party documents (once per action), including statement of property:
the equivalent of a 1/2 day attendance fee under item 5(2); this amount may be increased if the
circumstances warrant.
(3) If there are only a few records requiring a limited amount of time to review, the fee may be
reduced.
Expedition or better definition of the case
4 Notice to admit facts, opinion or non-adverse inference or the admission of any of these if, in the
opinion of the Court, the notice or admission resulted in expediting the case or better defining the
matters in question.
Oral questioning under
Part 5
5(1) Preparation for questioning under
Part 5 (once per action): the equivalent of a 1/2 day attendance
fee under item 5(2).
(2) First 1/2 day or portion of it for
attendance for questioning under
Part 5 of parties or witnesses or
cross-examination on an affidavit.
(3) Each additional 1/2 day (if an
attending counsel is acting for
neither witness nor examining party,
50% of these amounts).
(4) Preparation of and response to written questions - a fee equivalent to one full day's attendance
for oral questioning under this item.
Applications: uncontested
6(1) Uncontested applications.
(2) Applications without notice
to another party.
Applications: contested
7(1) Contested applications or assessments and reviews before a master, judge, assessment officer or
review officer and appeal from Provincial Court, masters, review officers and assessment officers.
(2) Contested adjournment
applications.
(3) Abandoned applications: A fee equivalent to 50% of the fee that would be payable under
this item if the application had not been abandoned.
Applications: requiring written briefs
8(1) Applications when a brief is required or allowed by the Court, including preparation of
confirming letters required for Family Law Special Chambers:
(
a) First 1/2 day or portion of it
(
b) Each additional 1/2 day
(limited to 1/2 day unless the
Court otherwise orders)
For complex chambers applications, the Court may direct that costs relating to an Appearance to argue
before Appeal Court apply, instead of the costs in this item.
(2) Abandoned applications: A fee equivalent to 50% of the fee that would be payable under this item
if the application had not been abandoned.
Trial readiness/case management
9(1) Each pre-trial application to
schedule a trial date and each case management attendance
(including an interlocutory application if it is heard during those applications or attendances, other
than an application under rule 6.3).
(2) If an interlocutory application is brought under rule 6.3 and heard during case management
attendance, the fee awarded may include either a fee for the application or fees for both the application
and case management attendance, depending on the duplication of work, if any.
Trial and
summary trial
10(1) Preparation for trial and
summary trial.
10 800
13 500
(2) This item amount may be varied up or down depending on the length and complexity of the trial or
summary trial.
(3) If a matter is set down for trial or
summary trial but is resolved less than 3 months before the
scheduled starting date, a preparation fee based on the length of the scheduled trial or
summary trial:
(a) 3 days or less - 30% of item 10(1);
(
b) more than 3 days, up to and including 10 days - 40% of item 10(1);
(
c) more than 10 days - 50% of item 10(1).
Trial and
summary trial
11(1) For first 1/2 day or portion of it.
(2) Second counsel fee (when
allowed by trial judge).
(3) Each additional 1/2 day.
(4) Second counsel fee (when
allowed by trial judge).
Written argument
12 Submission of written argument
at the request of the trial judge or
where allowed by the trial judge.
Post-judgment
13(1) Issue of writ of enforcement,
including the registration of the writ
in the Personal Property Registry.
(2) Registering a status report in the
Personal Property Registry to renew
the writ (allowed once every 2
years).
(3) Registering a status report in the
Personal Property Registry to amend
the writ.
14(1) Request and review of a
financial report from enforcement
debtor.
(2) Examination in Aid of
Enforcement under the Civil
Enforcement Act.
15 Seizure and related matters.
16 Garnishee Summons, Notice of
Continuing Attachment under the
Maintenance Enforcement Act or
Garnishee Summons Renewal
Statement.
17 Sale of lands under order or
judgment (including attendance at
sale, whether aborted or not).
Appeals
18 All steps taken to file Notice of
Appeal and speak to the list.
Preparation for appeal
19(1) Preparation of factum.
10 800
(2) All other preparation.
20 Appearance to argue before Appeal Court for first 1/2 day or part of it:
(
a) First counsel
(
b) Second counsel (when
allowed by the Court)
21 Appearance to argue before Appeal Court for each full 1/2 day occupied after the first 1/2 day:
(
a) First counsel
(
b) Second counsel (when
allowed by the Court)
22 Appearance on contested
application before Appeal Court,
including brief.
32 The Appendix is amended in the definition of
"corporate witness"
(
a) by striking out "and" at the end of clause (b);
(
b) in clause (
c) by adding ", and" after "witness";
(
c) by adding the following after clause (c):
(
d) an auditor or former auditor of a corporation, but not
an auditor retained primarily for the litigation;
Part 58 of the Alberta Rules of Court (AR 390/68) is
repealed.
Section 31 has effect on May 1, 2020.
Alberta Regulation 37/2020
Judicature Act
SURROGATE RULES AMENDMENT REGULATION
Filed: March 17, 2020
For information only: Made by the Lieutenant Governor in Council (O.C. 079/2020)
on March 17, 2020 pursuant to
section 28.1 of the Judicature Act.
1 The Surrogate Rules (AR 130/95) are amended by this
Regulation.
2 Rule 13(7) and (8) are repealed and the following is
substituted:
(7) If a will or a person authorized by a will appoints a person to
hold property in trust, an acknowledgment of trustee(
s) in Form
NC 6.1 signed by the trustee(
s) of each trust must be filed.
(8) If a person referred to in subrule (7) does not wish to or cannot
act as trustee in respect of the property, the person must renounce in
Form NC 12.1 or by a method approved by the court.
(9) The personal representative must not make a distribution to a
trustee of any property that is subject to a trust under a will until
after
(
a) an acknowledgment of trustee(
s) in Form NC 6.1 signed by
the trustee(
s) has been filed, and
(
b) all persons who, under the will, have a right to trusteeship
that is prior or equal to the right of the trustee(
s) referred to
in clause (
a) have renounced their rights to act as trustee in
Form NC 12.1 or by a method approved by the court.
(10) The court, at any time, may dispense with a renunciation
required by subrule (8) or (9)(b).
3 Rule 16(8)(
a) and (
b) are amended by adding "in and for
Alberta" after "Oaths".
4 Rule 26 is amended
(
a) by adding the following after subrule (1):
(1.1) Where
section 12(1)(a), (
b) or (
d) of the Estate
Administration Act requires the applicant to serve notice on an
attorney, trustee or guardian, the applicant must serve the
attorney, trustee or guardian with the applicable forms referred to
in subrule (1) and any other applicable documents referred to in
those forms.
(1.2) Where
section 12(1)(
c) of the Estate Administration Act
requires the applicant to serve notice on the Public Trustee, the
applicant must serve the Public Trustee with a notice in Form
NC 24.1 and any other applicable documents referred to in that
form.
(
b) in subrule (2) by striking out "under subrule (1)" and
substituting "under this rule";
(
c) by repealing subrule (3) and substituting the
following:
(3) A person may be served under this rule by
(
a) leaving the document with the person,
(
b) sending the document by recorded mail addressed to the
person, or
(
c) giving the document to a lawyer who is authorized to
accept and who, in writing, accepts service on behalf of
the person.
5 The heading before rule 50 is repealed and the following
is substituted:
Division 2
Administration of Minors' Property
6 Rules 50 and 51 are repealed and the following is
substituted:
Definition of trusteeship order
49.1 In this Division and
Schedule 3, "trusteeship order" means an
order under
section 10 of the Minors' Property Act appointing one or
more persons as trustee of a minor's property.
Application for trusteeship order
50 An application for an order under
section 10 of the Minors'
Property Act appointing one or more persons as trustee of a minor's
property may be commenced by filing the following documents with
the court:
(
a) an application in Form NC 43;
(
b) an affidavit in Form NC 44;
(
c) if the minor is 14 years of age or older, the minor's consent
in Form NC 45, unless the court, under
section 14(3) of the
Minors' Property Act, allows the application to be made
without the minor's consent;
(
d) if the minor has a parent or guardian who is not an applicant,
an affidavit of service in Form NC 27 regarding service of
the documents required to be served under rule 51(1) on the
parent or guardian, unless the court, under rule 51(2),
dispenses with the requirement to serve the parent or
guardian;
(
e) an affidavit of service in Form NC 27 regarding service of
the documents required to be served under rule 51(3) on the
Public Trustee.
Documents to be served
51(1) An applicant for a trusteeship order must serve each parent or
guardian of the minor, other than an applicant, with the following
documents:
(
a) a notice to the parent or guardian in Form NC 46;
(
b) copies of the documents required to be filed under rule 50(a),
(
b) and (c);
(
c) a draft order in Form NC 48 that is clearly marked as a draft.
(2) The court may dispense with the requirement to serve a parent or
guardian with any or all of the documents and notice referred to in
subrule (1) where the court is of the opinion that it is in the minor's
best interest to do so.
(3) An applicant for a trusteeship order must serve the following
documents on the Public Trustee:
(
a) a notice to the Public Trustee in Form NC 46.1;
(
b) copies of the documents required to be filed under rule 50(a),
(
b) and (c);
(
c) a draft order in Form NC 48 that is clearly marked as a draft.
(4) The court must not determine an application for a trusteeship
order until after
(
a) each parent and guardian required to be served under this rule
has filed a response to the application or a period of
(i) 10 days, if the parent or guardian is a resident of
Alberta, or
(ii) one month, if the parent or guardian is not a resident of
Alberta,
has elapsed following service on the parent or guardian
without the parent or guardian having filed a response to the
application, and
(
b) the Public Trustee has filed a response under subrule (6).
(5) A parent or guardian required to be served under this rule may
respond by filing a notice in Form NC 46.2 stating whether the
parent or guardian
(
a) does not object to the application and is not requesting a
hearing, or
(
b) objects to the application and is requesting a hearing.
(6) If a response filed by a parent or guardian or the Public Trustee
requests a hearing, the applicant shall set the matter for a hearing and
serve notice of the hearing on all persons required to be served under
these rules.
(7) Where the court makes a trusteeship order, the applicant must
serve a copy of the order on
(
a) the minor, if the minor was 14 years of age or older on the
day the trusteeship order was made, and
(
b) each parent and guardian required to be served under this
rule, and
(
c) the Public Trustee.
(8) Where this rule requires service of a document on the Public
Trustee, the document must be served by recorded mail addressed to
the Public Trustee.
(9) Where this rule requires service of a document on any person
other than the Public Trustee, the document may be served by
(
a) leaving the document with the person,
(
b) sending the document by recorded mail addressed to the
person, or
(
c) giving the document to a lawyer who is authorized to accept
and who, in writing, accepts service on behalf of the person.
(10) Service under subrule (9)(
a) is effected on the day the
document is left with the person.
(11) Service under subrule (9)(
b) is effected on the day an
acknowledgment of receipt is signed by the person to whom the
document is addressed.
(12) Service under this
section is valid despite a later amendment to
the application that is made at the direction of the court.
7 Rule 52 is amended
(
a) by repealing subrule (1) and substituting the
following:
Security
52(1) An applicant under this Division must provide a bond or
other security that is satisfactory to the court unless the trustee,
or one of the trustees, is a trust corporation referred to in
section 11(3) of the Minors' Property Act or the court
dispenses with this requirement under subrule (4).
(
b) in subrule (4) by striking out "do so" and
substituting "do so, having regard to other safeguards that
are or will be in place".
8 Rule 53 is repealed and the following is substituted:
Dispensing with security
53 An applicant may apply to dispense with the requirement for a
bond or other security by filing an affidavit respecting the matters
referred to in rule 52(4).
9 Rule 54 is repealed and the following is substituted:
Application of rules
54(1) Rules 55 to 74 and the forms referred to in those rules apply,
with the necessary modifications, to an application for a trusteeship
order and to the administration of the trust property.
(2) Part 3, except rule 97(2), applies to a trustee under a trusteeship
order.
10 Rule 70.9 is amended
(
a) in subrule (1) in the portion preceding clause (
a) by
striking out "section 95(2) of the Wills and Succession Act
from the personal representative of the deceased's estate
must provide the personal representative" and substituting
"section 95(2)(
a) of the Wills and Succession Act must
provide the family member, personal representative or other
person making the request";
(
b) in subrule (2) in the portion preceding clause (
a) by
striking out "section 95(2) of the Wills and Succession Act
from a family member must provide the family member"
and substituting "section 95(2)(
b) of the Wills and
Succession Act must provide the family member or other
person making the request".
11 Rule 114(1) is amended by striking out "20 days" and
substituting "10 days".
12 Rules 115 to 117 are repealed and the following is
substituted:
Examination of accounts by
professional accounting firm
115(1) The court, at any time and whether at a hearing or not, may
order one or more entries in the financial statements of a personal
representative to be examined by a professional accounting firm as
defined in the Chartered Professional Accountants Act.
(2) The court must determine the nature, scope and extent of the
professional accounting firm's examination.
(3) The terms of the professional accounting firm's engagement
may be in Form ACC 4.
(4) The professional accounting firm's fees, disbursements and
other charges are payable out of the residue of the estate unless
otherwise ordered by the court.
Access to records
116 A personal representative and any other person having
knowledge or possession of documents relating to the administration
of an estate must make all records and other pertinent documents
available to a professional accounting firm engaged under rule 115
and must co-operate fully with the professional accounting firm.
Report
117(1) At the end of the examination, a professional accounting
firm engaged under rule 115 must file a report in Form ACC 5.1 or
Form ACC 5.2 and serve a copy of the report by ordinary mail on the
personal representative and on the persons interested in the estate.
(2) The court may require the professional accounting firm to appear
at any hearing and give any further explanations the court needs in
order to pass the accounts.
Schedule 3 is amended
(
a) in Form NC 2
(
i) in
section 4 by striking out "have served" and
substituting "will serve";
(ii) by adding the following after
section 5:
5.1. The applicant(
s) has (have) shown some of the information in the
application as "to be determined". The applicant(
s) undertake(
s) to
file a supplementary affidavit including an amended Form NC 7
(Schedule 5 Inventory of property and debts) when updated
information is available.
(
b) by repealing Form NC 3 and substituting the
following:
NC 3
ESTATE NAME
DOCUMENT
Schedule 1: Deceased
Last name
First name
Middle name(s), if any
And any other name(
s) by
which the deceased was known
Last residence address in full
Date of birth
Place of birth
Date of death
Place of death
Habitual province/state of
residence
The deceased died
Testate:
Intestate:
After a thorough search of all
likely places, no testamentary
paper of the deceased has
been found.
IMMEDIATE FAMILY
Indicate whether there are any persons in each of the following categories
of relationship to the deceased, and provide the indicated details.
SPOUSE
1 Was the deceased ever married?
[] Yes [] No
If yes, provide the following information about each spouse or former
spouse:
[] 1.1 Surviving spouse
Name:
Complete address:
[] 1.2 Separated spouse (not divorced)
Name:
Complete address:
Date of separation:
Date of separated spouse's death (if applicable)
[] 1.3 Former spouse(
s) divorced within the 2-year period immediately
preceding the deceased's death (list all)
Name:
Complete address:
Date of divorce:
Date of former spouse's death (if applicable)_________________
[] 1.4 Deceased spouse(s) (list all)
Name:
Date of deceased spouse's death:
ADULT INTERDEPENDENT PARTNER
*Note: In this form, "adult interdependent partner" means a person who is an
adult interdependent partner within the meaning of
section 3 of the Adult
Interdependent Relationships Act, which reads:
3(1) Subject to subsection (2), a person is the adult interdependent partner
of another person if
(
a) the person has lived with the other person in a relationship of
interdependence
(
i) for a continuous period of not less than 3 years, or
(ii) of some permanence, if there is a child of the relationship by
birth or adoption,
(
b) the person has entered into an adult interdependent partner
agreement with the other person under
section 7.
(2) Persons who are related to each other by blood or adoption may only
become adult interdependent partners of each other by entering into an adult
interdependent partner agreement under
section 7.
2.1 Was the deceased survived by an adult interdependent partner?
[] Yes [] No
If no, leave
section 3 blank and proceed to
section 4. If yes, complete
section 3.
2.2 Was the deceased the adult interdependent partner of any other
person's at any time within the one-year period immediately preceding
the deceased's death?
[] Yes [] No
If no, leave
section 3 blank and proceed to
section 4. If yes, complete
section 3.
3 If the answer to question 2.1 or 2.2 is yes, provide the following
information about each adult interdependent partner:
3.1 Name:
Complete address:
3.2 The adult interdependent partner lived with the deceased
[] in a relationship of interdependence for a continuous
period of not less than 3 years commencing
and ending .
[] in a relationship of interdependence of some permanence
and there is a child of the relationship who was
[] born on (date)
[] adopted on (date)
[] the adult interdependent partner entered into an adult
interdependent partner agreement with the deceased which
agreement is dated .
3.3 (complete if applicable) The adult interdependent partner and the
deceased entered into an adult interdependent partner agreement
dated .
[] A copy of the adult interdependent partner agreement
is attached.
3.4 The adult interdependent partner
[] is
[] is not
related to the deceased by blood or adoption.
CAPACITY OF SURVIVING SPOUSE OR
ADULT INTERDEPENDENT PARTNER
4 Does any surviving spouse identified in
section 1 or any surviving adult
interdependent partner identified in
section 3 lack mental capacity?
[] Yes [] No
If no, leave the remainder of this
section blank and proceed to
section 5.
If yes, tick all applicable boxes and provide the following information
about the spouse or adult interdependent partner:
Name:
Complete address:
[] the spouse or adult interdependent partner has the following
attorney(
s) under an enduring power of attorney:
Name(
s) of attorney(s):
Complete address(es):
[] a copy of the enduring power of attorney is attached.
[] the spouse or adult interdependent partner has the following
trustee(s):
Name(
s) of trustee(s):
Complete address(es):
[] a copy of the order or instrument appointing the trustee(
s) is
attached.
CHILDREN
5 Was the deceased survived by any children (whether adults or minors at
the date of the deceased's death)?
[] Yes [] No
If yes, provide the following information about each child of the
deceased:
Name:
Complete address:
At the time of the deceased's death, this child was
[] 18 years of age or older
[] 18 years of age or older and unable to earn a livelihood by
reason of mental or physical disability
[] between the ages of 18 and 22 and unable to withdraw from his
or her parents' charge because he or she is a full time student.
(Complete only if deceased's death occurred after February 1,
2012)
[] under 18 years of age, more specifically (state age in years and
months at date of deceased's death): ___________________
5.1 If there is a surviving spouse or adult interdependent partner, tick
the applicable box:
[] All of the deceased's children are also children of the deceased's
surviving spouse or adult interdependent partner.
[] The following children of the deceased are not children of the
deceased's surviving spouse or adult interdependent partner:
Name:
Complete address:
Age (in years and months) at date of deceased's death: ________
5.2 Did the deceased have any children who died before or at the same
time as the deceased?
[] Yes [] No
If yes, provide the following information about each child:
Name:
Complete address:
Age (in years and months) at date of deceased's death: ________
GRANDCHILDREN OR GREAT-GRANDCHILDREN
(Complete the following
section relating to grandchildren or
great-grandchildren only if the deceased's death occurred after February
1, 2012.)
6 Was the deceased survived by any grandchild or great-grandchild
(
a) who was under 18 years of age at the time of the deceased's
death,
(
b) in respect of whom the deceased, during life, demonstrated a
settled intention to treat as his or her own child,
(
c) whose primary home, since birth or for at least 2 years
immediately before the grandparent's death, was with the
grandparent, and
(
d) whose primary financial support, since birth or for at least 2
years immediately before the grandparent's death, was provided
by the grandparent.
[] Yes [] No
If yes, provide the following information about each such grandchild or
great-grandchild:
Name:
Complete address:
Age (in years and months) at date of deceased's death: ______________
(
c) in Form NC 5
(
i) by striking out the following:
Name(
s) and substituting the following:
(For each personal representative, provide the following information.)
Last name
First name
Middle name(s), if any
And any other name(
s) by which
the will, if any, refers to the
personal representative
(ii) by striking out the following:
Renunciations attached
Provide name(
s) of renunciators; renunciations
are needed from all persons with a prior or
equal right to apply for a grant who are not
applicant(s). Write "n/a" if not applicable
and substituting the following:
Renunciation(s)/Nomination(
s) attached
Name(s)
(Note: Renunciations are needed from every person who has a prior or
equal right to apply for a grant and is not an applicant. Nominations are
needed from every person who has the authority to nominate when
applying for a grant and who is not an applicant. Identify all such persons
and attach their renunciations/nominations or write "none" if there are no
such persons.)
(
d) in Form NC 6.1
(
i) by striking out the following:
ESTATE NAME
DOCUMENT Acknowledgment of Trustee(
s) Name(
s) Complete address(es)
and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT Acknowledgment of Trustee
NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Signature Witness
and substituting the following:
Signature Witness
Name: Name:
(
e) in Form NC 8
(
i) by striking out the following:
EXHIBIT ATTACHED A: Original will dated
and substituting the following:
EXHIBIT ATTACHED A: Original will dated
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out
section 5 and substituting the
following:
5. The testator, the other witness(es) to the will, namely
_________________, and I were all present together when the
testator and the witnesses signed the will.
(iii) by striking out the following:
Deponent Commissioner's Name:
Appointment Expiry Date:
and substituting the following:
Deponent A Commissioner for Oaths
in and for Alberta
(
f) in Form NC 9
(
i) by striking out the following:
ESTATE NAME
DOCUMENT Affidavit of handwriting of
deceased
DEPONENT'S NAME
and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT Affidavit of handwriting of
deceased
DEPONENT'S NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Deponent Commissioner's Name:
Appointment Expiry Date:
_____________________________
and substituting the following:
Deponent A Commissioner for Oaths
in and for Alberta
(
g) in Form NC 10
(
i) by striking out the following:
ESTATE NAME
DOCUMENT Affidavit verifying translation
DEPONENT'S NAME
and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT Affidavit verifying translation
DEPONENT'S NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Deponent Commissioner's Name:
Appointment Expiry Date:
_____________________________
and substituting the following:
Deponent A Commissioner for Oaths
in and for Alberta
(
h) in Form NC 11
(
i) by striking out the following:
ESTATE NAME
DOCUMENT AFFIDAVIT OF WITNESS
TO SIGNATURE ON
DEPONENT'S NAME
and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT AFFIDAVIT OF WITNESS
TO SIGNATURE ON
DEPONENT'S NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Deponent Commissioner's Name:
Appointment Expiry Date:
_____________________________
and substituting the following:
Deponent A Commissioner for Oaths
in and for Alberta
(
i) in Form NC 12
(
i) by striking out the following:
ESTATE NAME
DOCUMENT Renunciation of probate
NAME
COMPLETE ADDRESS
and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT Renunciation of probate
NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Signature Witness
and substituting the following:
Signature Witness
Name: Name:
(
j) by adding the following after Form NC 12:
NC 12.1
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT Renunciation of Trusteeship
NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
Status (Choose one of the following:)
Named in the will
Named by personal representative ______,
who is authorized by the will to appoint
trustee(
s) Named by ______, who is authorized in
the will to appoint trustee(s)
1. The deceased, , signed a will dated pursuant to which I
am named or appointed trustee of the following trusts:
Name of Beneficiary
Age
Address
Para.
No. Will
2. I renounce my right and title as a trustee appointed by the
deceased's will.
3. I have not acted as trustee or in any way dealt with the trust
property.
SIGNED ON
Signature Witness
Name: Name:
This document requires an affidavit of execution. Use Form NC 11.
(
k) in Form NC 13
(
i) by striking out the following:
NAME
COMPLETE ADDRESS
and substituting the following:
NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Signature Witness
and substituting the following:
Signature Witness
Name: Name:
(
l) in Form NC 14
(
i) by striking out the following:
NAME
COMPLETE ADDRESS
and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT Renunciation of administration
with will annexed
NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) in
section 3 by striking out "Surrogate Rules" and
substituting "Estate Administration Act";
(iii) by striking out the following:
Signature Witness
and substituting the following:
Signature Witness
Name: Name:
(
m) in Form NC 15
(
i) by striking out the following:
ESTATE NAME
DOCUMENT Renunciation of administration
NAME
COMPLETE ADDRESS
and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT Renunciation of probate
NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) in
section 2 by striking out "Surrogate Rules" and
substituting "Estate Administration Act";
(iii) by striking out the following:
Signature Witness
and substituting the following:
Signature Witness
Name: Name:
(
n) in Form NC 16
(
i) by striking out the following:
ESTATE NAME
DOCUMENT Nomination and consent to
appointment of personal
representative
NAME
COMPLETE ADDRESS
and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT Nomination and consent to
appointment of personal
representative
NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
3. I nominate __________ to apply for a grant of administration and I
consent to that appointment.
and substituting the following:
3. I nominate __________ to apply for a grant of administration and I
consent to that appointment.
(iii) by striking out the following:
Signature Witness
and substituting the following:
Signature Witness
Name: Name:
(
o) in Form NC 17
(
i) by striking out the following:
ESTATE NAME
DOCUMENT Affidavit to dispense with a
bond, approve other security
or reduce amount of security
DEPONENT(
S) NAME(
S) and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT Affidavit to dispense with a
bond, approve other security
or reduce amount of security
DEPONENT(
S) NAME(
S) ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) in
section 3 by striking out "and in any other
jurisdiction";
(iii) by striking out the following:
Deponent Commissioner's Name:
Appointment Expiry Date:
_________________________
and substituting the following:
Deponent A Commissioner for Oaths
in and for Alberta
(
p) in Form NC 18
(
i) by striking out the following:
ESTATE NAME
DOCUMENT Consent to waive bond
NAME or other security
COMPLETE ADDRESS
and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT Consent to waive bond
or other security
NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Signature Witness
and substituting the following:
Signature Witness
Name: Name:
(
q) in Form NC 19 by striking out "have applied"
wherever it occurs and substituting "are applying";
(
r) in Form NC 20 by striking out "have applied"
wherever it occurs and substituting "are applying";
(
s) in Form NC 20.1
(
i) by striking out "have applied" and substituting
"are applying";
(ii) by striking out the following:
Lawyer for personal representative Date:
Responsible lawyer:
Firm name:
Complete address: Phone no.:
Fax no.: File no.:
(
t) in Form NC 25
(
i) by striking out the following:
DEPONENT(
S) NAME(
S) and substituting the following:
DEPONENT(
S) NAME(
S) ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) in
section 2 by striking out "have applied" and
substituting "are applying";
(iii) by striking out the following:
Deponent Commissioner's Name:
Appointment Expiry Date:
_________________________
and substituting the following:
Deponent A Commissioner for Oaths
in and for Alberta
(
u) in Form NC 27
(
i) by striking out the following:
COURT FILE NUMBER
ESTATE NAME
DOCUMENT Affidavit of service
DEPONENT'S NAME
and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DOCUMENT Affidavit of service
DEPONENT'S NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Deponent Commissioner's Name:
Appointment Expiry Date:
_________________________
Name:
Complete address:
Occupation:
and substituting the following:
Deponent A Commissioner for Oaths
in and for Alberta
(
v) in Form NC 29
(
i) by striking out the following:
DEPONENT'S NAME
and substituting the following:
DEPONENT'S NAME
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Deponent Commissioner's Name:
Appointment Expiry Date:
and substituting the following:
Deponent A Commissioner for Oaths
in and for Alberta
(
w) in Form NC 31
(
i) by striking out the following:
DEPONENT(
S) NAME(
S) and substituting the following:
DEPONENT(
S) NAME(
S) ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Deponent Commissioner's Name:
Appointment Expiry Date:
_________________________
and substituting the following:
Deponent A Commissioner for Oaths
in and for Alberta
(
x) in Form NC 33
(
i) by striking out the following:
DEPONENT(
S) NAME(
S) and substituting the following:
DEPONENT(
S) NAME(
S) ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Deponent Commissioner's Name:
Notary Public Name:
Appointment Expiry Date:
and substituting the following:
Deponent A Commissioner for Oaths
in and for Alberta
(
y) in Form NC 34.1
(
i) by striking out the following:
EXHIBIT ATTACHED Advertisement
and substituting the following:
EXHIBIT ATTACHED Advertisement
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Declarant Commissioner's Name:
Appointment Expiry Date:
_________________________
and substituting the following:
Declarant A Commissioner for Oaths
in and for Alberta
(
z) in Form NC 35
(
i) by striking out the following:
ESTATE NAME
DATE OF DEATH
DOCUMENT Statutory declaration by
creditors and claimants
and substituting the following:
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
DATE OF DEATH
DOCUMENT Statutory declaration by
creditors and claimants
ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
(ii) by striking out the following:
Declarant Commissioner's Name:
Appointment Expiry Date:
_________________________
and substituting the following:
Declarant A Commissioner for Oaths
in and for Alberta
(aa) by adding the following after Form NC 42:
NC 42.1
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
ESTATE NAME
GRANT Resealed Grant of
BY THE ORDER OF THE HONOURABLE JUSTICE
DATED __________
THIS COURT HAS RESEALED AND REGISTERED THE ATTACHED
GRANT ISSUED BY ____________________________ ON
______________________ AND AUTHORIZED ADMINISTRATION
OF THE DECEASED'S PROPERTY IN ALBERTA TO THE
PERSONAL REPRESENTATIVE(S).
Name of deceased
Date of death
Name(
s) of personal representative(
s) CLERK OF THE COURT
This Form is for use by the court and clerk's office only.
(bb) by repealing Forms NC 43 to NC 46 and substituting
the following:
NC 43
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
PROCEDURE Application for an order
appointing a trustee of
a minor's property
NAME OF MINOR
NAMES OF MINOR'S
PARENTS/GUARDIANS
BOND
NAME(
S) OF
APPLICANT(
S) NAME(
S) OF
PROPOSED TRUSTEE(
S) ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
Property for which order is requested
1. The applicant(
s) is (are) applying for an order appointing the
proposed trustee(
s) as trustee(
s) of (tick applicable box):
[] the following particular property to which the minor is
entitled or is likely to become entitled:
(describe particular property)
[] the minor's property generally.
Bond or other security
2. (tick applicable box)
[] The proposed trustees have obtained a bond in the amount
of $ ______ as described in the affidavit(
s) filed with the
court.
[] The applicant(
s) are requesting the court to approve the
following security:
______________________________________________
with a value of $______ instead of a bond, as described in
the affidavit(
s) filed with the court.
[] The applicant(
s) are requesting the court to dispense with
the requirement for a bond or other security on the basis
that it would be in the minor's best interest to do so,
having regard to other safeguards that are or will be in
place as described in the affidavit(
s) filed with the court.
[] The applicant(
s) are requesting an order that no bond or
other security is required because the proposed trustee, or
one or more of the proposed trustees, is a trust corporation
as described in the affidavit(
s) filed with the court.
Specific authority or provisions requested
3. The applicant(
s) request that the order give the proposed trustees the
following specific authority or include the following specific
provisions:
describe specific authority or provisions requested
*Note: Complete this
section only if the applicant(
s) are requesting that the
order give the trustee(
s) any specific authority or include any specific
provisions.
In considering whether to request specific authority or provisions, the
applicants should consider
section 10(6) and 10(7) of the Minors' Property
Act and sections 34, 35 and 37 of the Trustee Act relating to permitted
expenditures from trust property.
*Note respecting service: If the applicant(
s) are requesting the court to
dispense with service on a non-applicant parent or guardian, that request
should be stated in this section.
Applicable Surrogate Rules
4. Surrogate Rules(
s) under which this application is being made:
4.1 Rules 50-54.
4.2 Any other Surrogate Rules(
s) the applicant specifically
relies on (specify):
Applicable Statutes
5. 5.1 Minors' Property Act, sections 10 and 11.
5.2 Any other statutory authority the applicant specifically
relies on (tick applicable box(es)):
[] Trustee Act,
section 37;
[] other (specify statute(
s) and
section number(s)):
______________________________________________
Signature(
s) of Applicant(
s) Date
NOTICE: This application may be dealt with only after the Public
Trustee has filed a response to the application (see rule 51(4)(b)).
NC 44
COURT FILE NUMBER
COURT Court of Queen's Bench of Alberta
(Surrogate Matter)
JUDICIAL CENTRE
NAME OF MINOR
DOCUMENT Affidavit on application for an
order appointing a trustee of a
minor's property
DEPONENT(
S) NAME(
S) ADDRESS FOR
SERVICE AND CONTACT
INFORMATION OF PARTY
FILING THIS DOCUMENT
COPY OF BOND ATTACHED
THE DEPONENT(
S) EACH SWEAR UNDER OATH OR AFFIRM
THAT THE INFORMATION IN THIS AFFIDAVIT AND IN THE
ATTACHED SCHEDULES IS WITHIN THE DEPONENTS'
KNOWLEDGE AND IS TRUE. WHERE THE INFORMATION IS
BASED ON ADVICE OR INFORMATION AND BELIEF, THIS IS
STATED.
*Note: The contents of this affidavit must be adjusted as necessary to ensure that it
accurately reflects the circumstances of your application. For example, if a
proposed trustee is not (one of) the applicant(s), it may be necessary to file two
affidavits: one addressing matters within the knowledge of the applicant, and
another addressing matters within the knowledge of the proposed trustee(
s) and
expressly consenting to be appointed as trustee(s).
Applicant(s)
1. I am (We are) the proposed trustee(
s) in this application. I am (we are)
18 years of age or older and the (state relationship of proposed
trustee(
s) to minor) of the minor.
Minor
2 The minor is:
Name:
Complete address:
Birth date:
Age:
Living parents and guardians of minor
3. The living parents and guardians of the minor are (provide the
following information about each living parent and guardian):
3.1 Name:
Complete address:
Is (one of) the proposed trustee(s) [] Yes [] No
Relationship to minor:
[] Parent
[] Guardian appointed under
section 22 of the Family
Law Act by the minor's deceased parent(s),
(name(
s) of deceased parent(s))
[] Guardian appointed by court order under
section 23
of the Family Law Act
3.2 Name:
Complete address:
Is (one of) the proposed trustee(s) [] Yes [] No
Relationship to minor:
[] Parent
[] Guardian appointed under
section 22 of the Family
Law Act by the minor's deceased parent(s),
(name(
s) of deceased parent(s))
[] Guardian appointed by court order under
section 23
of the Family Law Act
Deceased parents of minor (if any)
4. [] No parent of the minor is deceased
[] The following parent(
s) of the minor is (are) deceased (provide
the following information about each deceased parent):
4.1 Name:
Date of death:
Residence at date of death:
4.2 Name:
Date of death:
Residence at date of death:
Property for which trusteeship order is requested
5. (tick the applicable box)
[] I am (We are) applying to be appointed as trustee(
s) of the
following particular property to which the minor is entitled or is
likely to become entitled:
Description of property:
Value of property: $_________
Source of minor's entitlement (e.g. minor is a beneficiary
under a deceased person's estate, personal injury
settlement, insurance policy or fatal accident claim. In
the case of an estate, state particulars such as name of
deceased person and date of death):
[] I am (We are) applying to be appointed as trustee(
s) of the
minor's property generally.
5.1 The minor is currently entitled to the following property:
Description
Value
Source of minor's
entitlement
5.2 In addition, I am (we are) aware of the following
circumstances or claims under which the minor is likely to
become entitled to additional property while the
trusteeship order is in effect (describe circumstances or
claims, e.g. minor is likely to become a beneficiary under
a deceased person's estate or to receive money under a
personal injury settlement, insurance policy or fatal
accident claim. In the case of an estate, state particulars
such as name of deceased person and date of death):
Best interest of the minor
6. It would be in the best interest of the minor for the court to appoint me
(us) as trustee(
s) of the minor's property because (complete all
sections):
(
a) I (We) have the ability to administer the minor's property
because (describe your relevant qualifications, skills, knowledge
and experience):
(
b) I (We) have the following plan for administering the minor's
property (describe your plan for prudently administering the
minor's property, including how you would invest the property
and what expenditures you anticipate paying out of income from
the property for the minor's benefit):
(
c) Appointing me (us) as trustee(
s) of the minor's property would
have the following benefits for the minor compared with other
available options for administering the minor's property
(describe how you expect your trusteeship would benefit the
minor more than other available options for administering the
minor's property, including the option of the Public Trustee
administering the minor's property):
6.1. (Complete this
section only if the application is for trusteeship of the
minor's property generally, rather than for trusteeship only of
particular property of the minor.)
I (We) believe the minor's interests would be better served by
appointing me (us) as trustee(
s) of the minor's property generally
than by appointing me (us) as trustee(
s) of particular property, for
the following reasons (describe why you believe it would benefit the
minor more if you were appointed as trustee(
s) of all the minor's
property, including property to which the minor may subsequently
become entitled while the trusteeship order is in effect, than if you
were appointed as trustee(
s) of particular property specified in the
trusteeship order):
Specific authority or provisions requested (if any)
7. (Complete this
section only if the application is requesting that the
court's order give the trustee(
s) any specific authority or include any
specific provisions s