Alberta Gazette — 15 August (ii)
0815 ii
Alberta — Gazette
THE ALBERTA GAZETTE,
PART II, AUGUST 15, 1998
Alberta Regulation 144/98
Hydro and Electric Energy Act
HYDRO AND ELECTRIC ENERGY AMENDMENT REGULATION
Filed: July 16, 1998
Made by the Alberta Energy and Utilities Board pursuant to
section 3 of the
Hydro and Electric Energy Act.
1 The Hydro and Electric Energy Regulation (AR 409/83) is amended by this
Regulation.
Section 8 is amended
(
a) in the words preceding clause (
a) by striking out "power plant,
transmission line or electric distribution system" and substituting "power
plant having a capacity of 500 kilowatts or greater, a transmission line or
an electric distribution system";
(
b) by repealing clause (
a) and substituting the following:
(
a) in the case of power plants using an energy source
other than hydro, the amount of energy generated in gigawatt-hours or
kilowatt-hours, the energy source and the energy content of the energy
source;
3 The following is added after
section 8:
8.1(1) The operator of an electric utility to whose electric
distribution system or transmission line one or more power plants are
connected shall file with the Board before March 1 of each year a report
for the preceding calendar year showing in gigawatt-hours or kilowatt-hours
the amount of energy purchased in each month from each of those power
plants.
(2) In this section,
(a) "electric utility" has the meaning given to it in
the Electric Utilities Act;
(b) "power plant" means
(
i) a power plant, as defined in the Act,
having a capacity of 500 kilowatts or greater, and
(ii) an eligible power production facility
as defined in the Small Power Research and Development Act.
Section 14 is amended by striking out "3 to 12" and substituting "4, 6,
7, 10".
Section 15 is repealed and the following is substituted:
15(1)
Section 9(1) of the Act does not apply to the construction and
operation of a small power plant
(
a) having a capacity of 500 kilowatts or less,
(
b) that is supplying a single load, and
(
c) that is not connected to an electric distribution
system.
(2) Section 9(3) and (5) of the Act do not apply to the construction
and operation of a small power plant or a pilot project.
15.1 A person operating or proposing to construct and operate a
small power plant shall immediately notify the Board and provide any
details relating to the small power plant that the Board requires.
Section 16 is repealed.
------------------------------
Alberta Regulation 145/98
Fuel Tax Act
FUEL TAX AMENDMENT REGULATION
Filed: July 22, 1998
Made by the Lieutenant Governor in Council (O.C. 308/98) pursuant to
section 39 of the Fuel Tax Act.
1 The Fuel Tax Regulation (AR 388/87) is amended by this Regulation.
Section 1(2)(
c) is repealed.
Alberta Regulation 146/98
Public Sector Pension Plans Act
PUBLIC SECTOR PENSION PLANS (LEGISLATIVE
PROVISIONS) AMENDMENT REGULATION
Filed: July 22, 1998
Made by the Lieutenant Governor in Council (O.C. 310/98) pursuant to
section 12 of Schedules 1 to 5 of the Public Sector Pension Plans Act.
1 The Public Sector Pension Plans (Legislative Provisions) Regulation (AR
365/93) is amended by this Regulation.
2 Schedules 1, 2, 4 and 5 are amended by adding the following after
section 2:
Application of plan rules from prior date
2.1 A provision of the plan rules of any Plan that deals with
(
a) participation, including who are or are not
employees,
(
b) salaries,
(
c) reciprocal agreements, and
(
d) any provision required by the tax rules
may be made to apply with effect from a date specified in those plan
rules that is prior to that on which they are filed under the Regulations
Act.
Schedule 1 is amended by repealing sections 6, 7 and 8.
Schedule 2 is amended by repealing
section 7.
Schedule 3 is amended by repealing sections 6 and 8.
Schedule 4 is amended by repealing
section 7.
7 The Public Sector Pension Plans (Legislative Provisions) Amendment
Regulation (AR 265/97) is amended by
section
Section 4, appearing at the end of the Regulation, is repealed and the
following is substituted:
50 This
Part ceases to have any force after December 31, 1999.
------------------------------
Alberta Regulation 147/98
Public Sector Pension Plans Act
LOCAL AUTHORITIES PENSION PLAN AMENDMENT REGULATION
Filed: July 22, 1998
Made by the Lieutenant Governor in Council (O.C. 311/98) pursuant to
Schedule 1,
section 4 of the Public Sector Pension Plans Act.
1 The Local Authorities Pension Plan (AR 366/93) is amended by this
Regulation.
Section 2(1)(
j) is amended by adding "as at the date provided for in
this Plan, but including any such value to be determined on a transfer
under a new reciprocal agreement" after "pensions".
Section 30(1)(0b) is amended by striking out everything after "commuted
value," and substituting "as at the date provided for in this Plan".
4 The following is added after
section 34:
Commuted value and employee contribution excess
34.1(1) This
section applies where a provision of the Plan
necessitates determination of the commuted value of a person's benefits or
of an employee contribution excess.
(2) Commuted value and employee contribution excess are to be
determined as of the date of pension commencement, termination before
eligibility for a pension or death before pension commencement, as the case
may be, except as provided for in subsection (3) or (4) or in
section
84(2)(a)(
i) or 97(2)(a).
(3) Where there is a delay of more than one year between the date as
of which the commuted value or the employee contribution excess was
determined and the date of the transfer of the commuted value or the
transfer or payment of that excess, the Minister shall recompute the
commuted value or excess as if never originally done and as of the end of
the month preceding that in which the transfer or payment, as the case may
be, is made, except where the commuted value or employee contribution
excess has to be computed for the purpose of a transfer under a reciprocal
agreement.
(4) Where a participant terminates and opts to receive a pension
under
section 69(
d) or 72(d)(i), or both, and an employee contribution
excess is payable or transferable, that excess is to be determined as at
pension commencement.
(5) Where commuted value is transferable, interest is to be added
for the period of one year or less between the date of the determination of
the commuted value and the date when the commuted value is transferred.
(6) Where an employee contribution excess is payable or
transferable, interest is to be added for the period of one year or less
between the date of the determination of that excess and the date when that
excess is paid or transferred.
(7) In this section, "employee contribution excess" has the meaning
assigned to it in
section 30(1)(0b).
Section 72 is amended
(
a) in clauses (
a) and (
b) by striking out ", as at termination,";
(
b) in clause (d)(ii) by striking out "at termination,".
Section 84(2)(a)(
i) is amended by adding "and determined as of the date
when the application for the transfer is received by the Minister" after
"service".
Section 97(2)(
a) is amended by adding "determined as of the date when
the application for the transfer is received by the Minister" after
"excess".
8 The following is added before
section 113:
Transitional from 1994 - definition of "employee"
112.1(1) In this section, "full-time non-continuous employees" means
employees employed under a contract of service on a full-time but not a
continuous basis.
(2) Notwithstanding anything in
section 2,
section 2(1)(p)(ii) is to
be treated as not applying in respect of full-time non-continuous employees
between January 1, 1994 and December 31, 1999 and the following is to be
treated as the subclause applying instead in respect of full-time
non-continuous employees between those dates:
"(ii) a person who is employed by a body referred to in
subclause (
i) under a contract of service if that contract provides for his
employment on a full-time but not a continuous basis and the employer,
pursuant to his established policy for pension coverage of persons or
classes of persons employed by him, applies to the Minister for the
person's participation in the Plan,".
(3) This
section is deemed to have come into force on January 1,
1994 and ceases to have any force at the end of 1999.
(4) Subsections (1) to (3) are repealed at the end of January 1,
------------------------------
Alberta Regulation 148/98
Public Sector Pension Plans Act
PUBLIC SERVICE PENSION PLAN AMENDMENT REGULATION
Filed: July 22, 1998
Made by the Lieutenant Governor in Council (O.C. 312/98) pursuant to
Schedule 2,
section 4 of the Public Sector Pension Plans Act.
1 The Public Service Pension Plan (AR 368/93) is amended by this
Regulation.
Section 2(1)(
j) is amended by adding "as at the date provided for in
this Plan, but including any such value to be determined on a transfer
under a new reciprocal agreement" after "pensions".
Section 30(1)(0b) is amended by striking out everything after "commuted
value," and substituting "as at the date provided for in this Plan".
4 The following is added after
section 34:
Commuted value and employee contribution excess
34.1(1) This
section applies where a provision of the Plan
necessitates determination of the commuted value of a person's benefits or
of an employee contribution excess.
(2) Commuted value and employee contribution excess are to be
determined as of the date of pension commencement, termination before
eligibility for a pension or death before pension commencement, as the case
may be, except as provided for in subsection (3) or (4) or in
section
84(2)(a)(
i) or 97(2)(a).
(3) Where there is a delay of more than one year between the date as
of which the commuted value or the employee contribution excess was
determined and the date of the transfer of the commuted value or the
transfer or payment of that excess, the Minister shall recompute the
commuted value or excess as if never originally done and as of the end of
the month preceding that in which the transfer or payment, as the case may
be, is made, except where the commuted value or employee contribution
excess has to be computed for the purpose of a transfer under a reciprocal
agreement.
(4) Where a participant terminates and opts to receive a pension
under
section 69(
d) or 72(d)(i), or both, and an employee contribution
excess is payable or transferable, that excess is to be determined as at
pension commencement.
(5) Where commuted value is transferable, interest is to be added
for the period of one year or less between the date of the determination of
the commuted value and the date when the commuted value is transferred.
(6) Where an employee contribution excess is payable or
transferable, interest is to be added for the period of one year or less
between the date of the determination of that excess and the date when that
excess is paid or transferred.
(7) In this section, "employee contribution excess" has the meaning
assigned to it in
section 30(1)(0b).
Section 72 is amended
(
a) in clauses (
a) and (
b) by striking out ", as at termination,";
(
b) in clause (d)(ii) by striking out "at termination,".
Section 84(2)(a)(
i) is amended by adding "and determined as of the date
when the application for the transfer is received by the Minister" after
"service".
Section 97(2)(
a) is amended by adding "determined as of the date when
the application for the transfer is received by the Minister" after
"excess".
8 Item 2(c)(ii) of Form 1 of
Schedule 1 is amended
(
a) by striking out "lived" and substituting "have lived";
(
b) by adding "been" before "represented".
Alberta Regulation 149/98
Public Sector Pension Plans Act
UNIVERSITIES ACADEMIC PENSION PLAN AMENDMENT REGULATION
Filed: July 22, 1998
Made by the Lieutenant Governor in Council (O.C. 313/98) pursuant to
Schedule 3,
section 4 of the Public Sector Pension Plans Act.
1 The Universities Academic Pension Plan (AR 370/93) is amended by this
Regulation.
Section 2(1)(
j) is amended by adding "as at the date provided for in
this Plan, but including any such value to be determined on a transfer
under a new reciprocal agreement" after "pensions".
Section 30(1)(0b) is amended by striking out everything after "commuted
value," and substituting "as at the date provided for in this Plan".
4 The following is added after
section 34:
Commuted value and employee contribution excess
34.1(1) This
section applies where a provision of the Plan
necessitates determination of the commuted value of a person's benefits or
of an employee contribution excess.
(2) Commuted value and employee contribution excess are to be
determined as of the date of pension commencement, termination before
eligibility for a pension or death before pension commencement, as the case
may be, except as provided for in subsection (3) or (4) or in
section
84(2)(a)(
i) or 97(2)(a).
(3) Where there is a delay of more than one year between the date as
of which the commuted value or the employee contribution excess was
determined and the date of the transfer of the commuted value or the
transfer or payment of that excess, the Minister shall recompute the
commuted value or excess as if never originally done and as of the end of
the month preceding that in which the transfer or payment, as the case may
be, is made, except where the commuted value or employee contribution
excess has to be computed for the purpose of a transfer under a reciprocal
agreement.
(4) Where a participant terminates and opts to receive a pension
under
section 69(
d) or 72(d)(i), or both, and an employee contribution
excess is payable or transferable, that excess is to be determined as at
pension commencement.
(5) Where commuted value is transferable, interest is to be added
for the period of one year or less between the date of the determination of
the commuted value and the date when the commuted value is transferred.
(6) Where an employee contribution excess is payable or
transferable, interest is to be added for the period of one year or less
between the date of the determination of that excess and the date when that
excess is paid or transferred.
(7) In this section, "employee contribution excess" has the meaning
assigned to it in
section 30(1)(0b).
Section 72 is amended
(
a) in clause (a)(
i) by striking out ", as at termination";
(
b) in clause (d)(ii) by striking out "at termination,".
Section 84(2)(a)(
i) is amended by adding "and determined as of the date
when the application for the transfer is received by the Minister" after
"service".
Section 97(2)(
a) is amended by adding "determined as of the date when
the application for the transfer is received by the Minister" after
"excess".
8 Item 2(c)(ii) of Form 1 of the
Schedule is amended
(
a) by striking out "lived" and substituting "have lived";
(
b) by adding "been" before "represented".
------------------------------
Alberta Regulation 150/98
Public Sector Pension Plans Act
SPECIAL FORCES PENSION PLAN AMENDMENT REGULATION
Filed: July 22, 1998
Made by the Lieutenant Governor in Council (O.C. 314/98) pursuant to
Schedule 4,
section 4 of the Public Sector Pension Plans Act.
1 The Special Forces Pension Plan (AR 369/93) is amended by this
Regulation.
Section 2(1)(
j) is amended by adding "as at the date provided for in
this Plan, but including any such value to be determined on a transfer
under a new reciprocal agreement" after "pensions".
Section 30(1)(0b) is amended by striking out everything after "commuted
value," and substituting "as at the date provided for in this Plan".
4 The following is added after
section 34:
Commuted value and employee contribution excess
34.1(1) This
section applies where a provision of the Plan
necessitates determination of the commuted value of a person's benefits or
of an employee contribution excess.
(2) Commuted value and employee contribution excess are to be
determined as of the date of pension commencement, termination before
eligibility for a pension or death before pension commencement, as the case
may be, except as provided for in subsection (3) or (4) or in
section
84(2)(a)(
i) or 97(2)(a).
(3) Where there is a delay of more than one year between the date as
of which the commuted value or the employee contribution excess was
determined and the date of the transfer of the commuted value or the
transfer or payment of that excess, the Minister shall recompute the
commuted value or excess as if never originally done and as of the end of
the month preceding that in which the transfer or payment, as the case may
be, is made, except where the commuted value or employee contribution
excess has to be computed for the purpose of a transfer under a reciprocal
agreement.
(4) Where a participant terminates and opts to receive a pension
under
section 69(
d) or 72(d), or both, and an employee contribution excess
is payable or transferable, that excess is to be determined as at pension
commencement.
(5) Where commuted value is transferable, interest is to be added
for the period of one year or less between the date of the determination of
the commuted value and the date when the commuted value is transferred.
(6) Where an employee contribution excess is payable or
transferable, interest is to be added for the period of one year or less
between the date of the determination of that excess and the date when that
excess is paid or transferred.
(7) In this section, "employee contribution excess" has the meaning
assigned to it in
section 30(1)(0b).
Section 72 is amended
(
a) in clauses (
a) and (
b) by striking out ", as at termination,";
(
b) in clause (
d) by striking out ", at termination,".
Section 84(2)(a)(
i) is amended by adding "and determined as of the date
when the application for the transfer is received by the Minister" after
"service".
Section 97(2)(
a) is amended by adding "determined as of the date when
the application for the transfer is received by the Minister" after
"excess".
8 Item 2(c)(ii) of Form 1 of
Schedule 1 is amended
(
a) by striking out "lived" and substituting "have lived";
(
b) by adding "been" before "represented".
------------------------------
Alberta Regulation 151/98
Public Sector Pension Plans Act
MANAGEMENT EMPLOYEES PENSION PLAN
AMENDMENT REGULATION
Filed: July 22. 1998
Made by the Lieutenant Governor in Council (O.C. 315/98) pursuant to
Schedule 5,
section 4 of the Public Sector Pension Plans Act.
1 The Management Employees Pension Plan (AR 367/93) is amended by this
Regulation.
Section 2(1)(
j) is amended by adding "as at the date provided for in
this Plan, but including any such value to be determined on a transfer
under a new reciprocal agreement" after "pensions".
Section 30(1)(0b) is amended by striking out everything after "commuted
value," and substituting "as at the date provided for in this Plan".
4 The following is added after
section 34:
Commuted value and employee contribution excess
34.1(1) This
section applies where a provision of the Plan
necessitates determination of the commuted value of a person's benefits or
of an employee contribution excess.
(2) Commuted value and employee contribution excess are to be
determined as of the date of pension commencement, termination before
eligibility for a pension or death before pension commencement, as the case
may be, except as provided for in subsection (3) or (4) or in
section
84(2)(a)(
i) or 97(2)(a).
(3) Where there is a delay of more than one year between the date as
of which the commuted value or the employee contribution excess was
determined and the date of the transfer of the commuted value or the
transfer or payment of that excess, the Minister shall recompute the
commuted value or excess as if never originally done and as of the end of
the month preceding that in which the transfer or payment, as the case may
be, is made, except where the commuted value or employee contribution
excess has to be computed for the purpose of a transfer under a reciprocal
agreement.
(4) Where a participant terminates and opts to receive a pension
under
section 69(
d) or 72(d)(i), or both, and an employee contribution
excess is payable or transferable, that excess is to be determined as at
pension commencement.
(5) Where commuted value is transferable, interest is to be added
for the period of one year or less between the date of the determination of
the commuted value and the date when the commuted value is transferred.
(6) Where an employee contribution excess is payable or
transferable, interest is to be added for the period of one year or less
between the date of the determination of that excess and the date when that
excess is paid or transferred.
(7) In this section, "employee contribution excess" has the meaning
assigned to it in
section 30(1)(0b).
Section 72 is amended
(
a) in clauses (
a) and (
b) by striking out ", as at termination,";
(
b) in clause (d)(ii) by striking out "at termination,".
Section 84(2)(a)(
i) is amended by adding "and determined as of the date
when the application for the transfer is received by the Minister" after
"service".
Section 97(2)(
a) is amended by adding "determined as of the date when
the application for the transfer is received by the Minister" after
"excess".
8 Item 2(c)(ii) of Form 1 of
Schedule 1 is amended
(
a) by striking out "lived" and substituting "have lived";
(
b) by adding "been" before "represented".
------------------------------
Alberta Regulation 152/98
Court of Appeal Act
Court of Queen's Bench Act
Civil Enforcement Act
ALBERTA RULES OF COURT AMENDMENT REGULATION
Filed: July 22, 1998
Made by the Lieutenant Governor in Council (O.C. 320/98) pursuant to
section 15 of the Court of Appeal Act,
section 18 of the Court of Queen's
Bench Act and sections 106 and 107 of the Civil Enforcment Act.
1 The Alberta Rules of Court (AR 390/68) are amended by this Regulation.
2 Rule 63 is repealed and the following is substituted:
Court appointed guardian ad litem
63 When an infant or person of unsound mind has been served with
notice of a judgment or order and is not represented, the Court may appoint
a guardian ad litem for that person.
3 Rule 77 is amended by repealing subsection (1) and substituting the
following:
Claims against co-defendants
77(1) When a defendant claims against a co-defendant a contribution
or indemnity by reason of the Tort-Feasors Act or the Contributory
Negligence Act, it is not necessary to serve a third party notice, but
(
a) the defendant may, within 10 days after filing a
defence or demand of notice, file and serve on a co-defendant a notice
claiming that relief, and
(
b) it is not necessary to file any pleadings in
respect of that claim, unless otherwise ordered.
4 Rule 152(a)(
i) is amended by adding "or direct an accounting" after
"final judgment".
5 The heading to
Part 11 is struck out and the following is substituted:
PART 11
SUMMARY JUDGMENT
Division 1
Summary Trials
6 The following is added before Rule 159:
Application for
summary trial procedure
158.1(1) By notice of motion, a party may apply to a judge for
judgment in a
summary trial procedure, either on an issue or generally.
(2) Unless otherwise ordered, there must be at least 21 days between
the delivery of the notice of motion and the day named in the notice for
the hearing of the
summary trial.
(3) An applicant for judgment under this Division shall file and
serve with the notice of motion, notice of any of the following material on
which the applicant intends to rely:
(
a) every affidavit not already served;
(
b) any other affidavit filed in the action, whether
for the purposes of an application under this Division or not;
(
c) answers to interrogatories;
(
d) evidence taken on examination for discovery or
pursuant to Rule 266;
(
e) other documents and admissions.
(4) The applicant for judgment shall not file any further affidavit
or notice except
(
a) to adduce evidence that would, at a trial, be
admitted as rebuttal evidence,
(
b) in reply to a notice of motion filed and delivered
by another party of record, or
(
c) with leave of a judge.
Reply to notice of motion
158.2 A party who receives notice of motion for judgment in a
summary trial procedure shall, at least 7 days before the hearing of the
summary trial, give a reply to the notice of motion specifying the matters
on which that party intends to rely, including
(
a) affidavits,
(
b) answers to interrogatories,
(
c) evidence taken on examinations for discovery or
pursuant to Rule 266, and
(
d) other documents and admissions.
Summary trial heard by judge alone
158.3 A
summary trial under this Division shall be heard by a
judge alone even though a party may have filed a notice requiring that the
trial of the action be heard with a jury.
Discretion of judge on or before trial
158.4(1) On or before the hearing of a
summary trial under this
Division, the judge may
(
a) adjourn the
summary trial, in which case the judge
making the order is not seized of the
summary trial, unless the judge
otherwise orders;
(
b) dismiss the
summary trial on the grounds that
(
i) the issues raised by the notice of
motion are not suitable for disposition under this Division, or
(ii) the
summary trial will not assist the
efficient resolution of the action.
(2) On or before the hearing of a
summary trial under this Division
the judge may order that
(
a) a party file and deliver, within a fixed time, any
of the evidence that the party intends to adduce at the trial;
(
b) a deponent attend for cross-examination, either
before the judge or before another person as the judge directs, and that
the cross-examinations on affidavits be completed within a fixed time;
(
c) no further evidence be adduced on the
summary trial
after a fixed time;
(
d) a party file and deliver a brief, with such
contents as the judge may order, within a fixed time.
(3) Before or at the
summary trial, the judge may vary or set aside
an order made under subrule (2).
Adducing evidence at the
summary trial
158.5(1) On a
summary trial pursuant to this Division, the applicant
and each other party may adduce evidence by any or all of the following:
(
a) affidavit;
(
b) an answer, or part of an answer, to written
interrogatories;
(
c) any part of the evidence taken on an examination
for discovery of a party adverse in interest;
(
d) any part of the evidence taken on an examination
pursuant to Rule 266 or Rule 270;
(
e) any documents properly produced in the action;
(
f) an admission or admissions under Rule 230;
(
g) with leave of a judge, oral evidence.
(2) The following Rules apply to evidence adduced at a
summary trial
under this Division:
(
a) Rule 214(1) and (4);
(
b) Rule 261;
(
c) Rule 261.1;
(
d) Rule 266;
(
e) Rule 270.
Decision at
summary trial
158.6(1) On the hearing of a
summary trial, and on being satisfied
that there is sufficient evidence for adjudication, and irrespective of the
amounts involved, the complexity of the issues and the existence of
conflicting evidence, the judge may
(
a) grant judgment in favour of any party, either on an
issue or generally, unless
(
i) the judge is unable, on the whole of
the evidence before the judge on the
summary trial, to find the facts
necessary to decide the issues of fact or law, or
(ii) the judge is of the opinion that it
would be unjust to decide the issues on the
summary trial,
in which case the judge shall direct the matter to
a trial in accordance with subrule (2),
(
b) impose terms respecting enforcement of a judgment
granted under clause (a), including a stay of execution, as the judge
thinks just, and
(
c) award costs.
(2) If the judge is unable to grant judgment under subrule (1) and
considers that the proceeding ought to be expedited by giving directions,
the judge may order the trial of the proceeding generally or on an issue,
and may order that
(
a) the pleadings be amended or closed within a fixed
time;
(
b) a party file and deliver, within a fixed time, to
each party as specified by the judge, a list of documents or an affidavit
verifying the list of documents in accordance with the directions that the
judge may give;
(
c) interlocutory applications be brought within a
fixed time;
(
d) a general application for directions be brought
within a fixed time;
(
e) a statement of agreed facts be filed within a fixed
time;
(
f) all procedures for discovery be conducted in
accordance with a
schedule and plan directed by the judge and the plan may
set limitations on those discovery procedures;
(
g) the obligation to pay conduct money to any of the
parties or persons to be examined be allocated in the manner specified in
the order;
(
h) an examination for discovery or a pre-trial
examination of a witness be of limited duration;
(
i) a party deliver a written
summary of the proposed
evidence of a witness within a fixed time;
(
j) the evidence in chief of a witness be of limited
duration;
(
k) the evidence in chief of a witness be given in
whole or part by the production of a written statement;
(
l) experts who have been retained by the parties meet,
on a without prejudice basis, to determine those matters on which they
agree and to identify those matters on which they do not agree;
(
m) evidence be adduced in a manner provided by Rule
158.5;
(
n) a party deliver a written
summary of the whole or
part of the party's argument within a fixed time;
(
o) all or any part of the submissions of counsel be in
writing or of limited length;
(
p) a pre-trial conference be held at a time and place
to be fixed at which any of the orders in this subrule may be made;
(
q) with the approval of the Chief Justice, the
proceeding be set for trial on a particular date;
(
r) any other action be taken or not taken as the judge
considers appropriate and that is not inconsistent with these Rules.
(3) If the judge does not grant judgment on an issue under subrule
(1), the applicant may not make a further application under this Division
on the same issue.
(4) If the judge does not grant judgment on the matter generally
under subrule (1), the applicant may not make a further application under
this Division on the matter generally, but may make an application on a
particular issue that has not previously been heard under this Division.
(5) Before or at the full trial of a matter, a judge may vary or set
aside an order made under subrule (2).
Limitation on judge hearing both
summary and full trial
158.7 A judge who has heard a
summary trial under this Division
shall not preside at a full trial of the matter unless all parties consent.
Division 2
Summary Judgment
7 Rule 174 is amended by adding the following after subrule (1):
(1.1) When costs are payable to the defendant under subrule (1) and
the action is dismissed entirely, those costs shall, unless for special
reason, be double the amount of costs (excluding disbursements) the
defendant would otherwise have recovered for all steps in relation to the
defence after the service of the notice of payment or the offer.
(1.2) Subrule (1.1) applies to
(
a) actions commenced but not concluded before the
coming into force of subrule (1.1), and
(
b) actions commenced on and after the date subrule
(1.1) comes into force.
8 Rule 218.1 is repealed and the following is substituted:
Notice to adduce expert evidence
218.1(1) A party intending to adduce expert evidence at a trial
shall, not less than 120 days before the day the trial commences or such
other time as may be ordered by the Court, serve on other parties to the
action
(
a) a statement of the substance of the evidence,
signed by the expert, including the expert's opinion, the expert's name and
qualifications, and a statement from counsel setting out the proposed area
of expertise for which qualification as an expert will be sought, and
(
b) a copy of any expert's report, signed by the
expert, on which the party intends to rely.
(2) The party serving the expert's report may, at the same time,
also serve notice of intention to have the report entered as evidence
without the necessity of calling the expert as a witness.
(3) The expert's report shall be entered as evidence at the trial
unless, within 60 days after service of the notice under subrule (2) or
such further time as the Court allows, the other party serves a statement
(
a) setting out those parts of the report which that
party will not agree may be entered as evidence in writing in this way, and
(
b) giving reasons why that party cannot agree.
(4) Agreeing to have the expert's report entered as evidence without
calling the expert as a witness is not, by itself, an admission of the
truth or correctness of the evidence submitted.
Demand for expert's attendance
218.11(1) A party who agrees to have an expert's report entered in
evidence may, at the same time as responding to the notice of intention,
serve a demand that the expert be in attendance at the trial for
cross-examination.
(2) The expert shall not give oral evidence at the trial unless
(
a) a demand has been served, or
(
b) the Court gives leave.
(3) The party who required the attendance of the expert for
cross-examination shall pay the costs of the expert's attendance unless the
Court considers that the cross-examination was of assistance and makes a
different order about the payment of those costs.
(4) If the party proposing to enter the expert's report receives a
demand to produce the expert for cross-examination, the party proposing to
enter the report may examine the expert, so long as the examination is not
in respect of matters substantially outside the matters covered by the
report, and need not rely only on the expert's written report.
Expert witness called in rebuttal
218.12(1) A party who intends to call an expert witness in rebuttal
to the matters mentioned in the expert report served under Rule 218.1
shall, not more than 60 days after service of the expert's report, serve on
every other party to the action
(
a) a statement of the substance of the rebuttal
evidence, signed by the expert, and
(
b) a copy of any rebuttal report, signed by the
expert, on which that party intends to rely.
(2) Rules 218.1 to 218.15 apply to the expert's rebuttal report in
the same way that they apply to the expert's report, except that, under
Rule 218.1(3), 30 days replaces 60 days.
When expert witnesses may be called
218.13 A party may not call an expert witness to give evidence
unless
(
a) notice under Rule 218.1 or Rule 218.12 is given, or
(
b) the Court gives leave.
Objection to admissibility of expert's report
218.14(1) A party who receives a report under Rule 218.1 or 218.12
shall notify the party delivering the report of
(
a) any objection to the admissibility of the expert's
opinion that the party receiving the report intends to raise at the trial,
and
(
b) the reasons for the objection.
(2) No objection under subrule (1) shall be permitted at trial
unless
(
a) reasonable notice of the objection was given, or
(
b) the Court gives leave.
Expert's costs
218.15 When a party objects to the admission of an expert's
opinion, the cost of calling the expert shall be paid by the party refusing
the admission of the expert's report, whatever the result of the cause,
matter or issue, unless the Court otherwise determines.
Application of Rules 218.1 to 218.15 to very long trials
218.16 Rules 218.1 to 218.15 do not apply to very long trial
actions under
Part 15.1, unless the Court so orders.
9 Rule 230 is amended by striking out subrules (1) and (2) and
substituting the following:
Notice to admit
230(1) A party may by notice in writing call on any other party to
admit, for the purposes of the cause, matter or issue only, any fact
mentioned in the notice, including any fact in respect of a document.
(1.1) Each of the matters for which an admission is requested is
deemed to be admitted unless, within 30 days after service of the notice
the other party serves on the party requesting the admission, a statement
(
a) denying specifically the matter for which an
admission is requested,
(
b) setting out in detail the reasons why the other
party cannot admit those matters, or
(
c) setting out objections on the ground that some or
all of the requested admissions are privileged, or irrelevant, or that the
request is otherwise improper in whole or in part.
(2) Rule 548 does not apply to subrule (1.1) so as to permit the
Court to abridge the 30-day period.
10 The following is added after Rule 230:
Request to admit written opinion as correct
230.1(1) A party may, by notice in writing, call on any other party
to admit as correct any written opinion included in or attached to the
notice.
(2) The written opinion shall state the facts on which it is based.
(3) Each of the opinions for which an admission is requested is
deemed to be admitted as correct unless, within 30 days after service of
the notice or such further time as the Court or the party requesting the
admission allows, the other party serves on the party requesting the
admission a statement
(
a) denying specifically the opinion for which an
admission is requested,
(
b) setting out the reasons why the other party cannot
admit the opinion, or
(
c) setting out objections on the ground that some or
all of the requested admissions are irrelevant, or that the request is
otherwise improper in whole or in part.
(4) Rule 548 does not apply so as to allow the Court to abridge the
time mentioned in subrule (3).
(5) Rule 230(3) to (7) apply to this Rule, with necessary changes.
11 The following is added after Rule 261:
Evidence by telephone, audio-visually or otherwise
261.1 On application to the Court and on showing good reason for
doing so, the Court may permit evidence to be admitted by telephone,
audio-visually or by other means satisfactory to the Court.
12 The following is added after Rule 296:
Rebutting an adverse inference by not calling a witness
296.1(1) When, in law, an adverse inference might be drawn from the
failure of a party to call a witness, that party may serve on any other
party a notice of persons not to be called.
(2) A notice under this Rule shall be served not less than 30 days
before the trial commences.
(3) The party on whom the notice is served shall, within 15 days of
service of the notice, serve on the other party a statement setting out any
objection to the intention not to call a person.
(4) If the party on whom the notice is served does not respond to
the notice of intention not to call a person, the failure to call that
person is not to be found to be adverse to the case of the party serving
the notice.
(5) When a party objects to the intention not to call a person, the
cost of calling that person shall be paid by the party who objected,
whatever the result of the cause, matter or issue, unless the Court
determines that the objection was reasonable.
(6) Rule 548 does not apply so as to allow the Court to abridge the
time mentioned in subrules (2) and (3).
13 The following is added after Rule 506:
Address for service and solicitor's appointment continue
507 An address for service or the appointment of a solicitor in the
Court appealed from continues for the purposes of an appeal or proposed
appeal until a formal change is made in accordance with
Part 42.
14 Rule 530(3) is amended by striking out "a certificate in Form A" and
substituting "certificates in Forms N and O".
15 Rule 539 is amended
(
a) by renumbering it as Rule 539(1);
(
b) by adding the following after subrule (1):
(2) The Court may dispense with oral argument by either or both
parties.
16 Rule 540 is amended by repealing subrule (7) and substituting the
following:
(7) Unless otherwise ordered, the covers of factums shall be
coloured as follows:
(
a) appellants buff;
(
b) respondents green;
(
c) respondents who are cross-appellants green;
(
d) interveners blue.
17 Form A, immediately following Rule 543, is repealed.
18 Rule 577.2 is amended by striking out "security of the costs" and
substituting "or security for the costs".
19 Rule 578 is amended by repealing subrule (4) and substituting the
following:
(4) At any time pending an action, and if necessary from time to
time, the Court may make any order it thinks fit for payment of or security
for the costs of either spouse.
20 Rule 584(
d) is amended by repealing clause (
d) and substituting the
following:
(
d) after service has been effected, the person effecting service
shall return to the clerk of the court of the judicial district within
which the service was effected one copy of the process, together with an
affidavit of service and particulars of the charges;
21 Rule 601 is repealed and the following is substituted:
Costs
601(1) Notwithstanding anything in Rules 602 to 612, but subject to
any Rule expressly requiring costs to be ordered, the costs of all parties
to any proceedings (including third parties), the amount of costs and the
party by whom or the fund or estate or portion of an estate (if any) out of
which they are to be paid are in the discretion of the Court, and when
deciding on costs the Court may consider the result in the proceeding and
(
a) the amounts claimed and the amounts recovered,
(
b) the importance of the issues,
(
c) the complexity of the proceedings,
(
d) the apportionment of liability,
(
e) the conduct of any party that tended to shorten or
to unnecessarily lengthen the proceeding,
(
f) a party's denial of or refusal to admit anything
that should have been admitted,
(
g) whether any step or stage in the proceedings was
(
i) improper, vexatious or unnecessary, or
(ii) taken through negligence, mistake or
excessive caution,
(
h) whether a party commenced separate proceedings for
claims that should have been made in one proceeding or whether a party
unnecessarily separated their defence from another party, and
(
i) any other matter relevant to the question of costs.
(2) In awarding costs, the Court may
(
a) fix all or part of the costs with or without
reference to
Schedule C;
(
b) award or refuse costs in respect of a particular
issue or part of a proceeding;
(
c) award a percentage of taxed costs, or award taxed
costs up to or from a particular stage of a proceeding;
(
d) award all or part of the costs
(
i) to be taxed as a multiple or a
proportion of any column of
Schedule C, or
(ii) on a solicitor and client basis, or as
a proportion of those costs;
(
e) award a gross lump sum instead of, or in addition
to, any taxed costs;
(
f) award costs to one or more parties on one scale,
and to another party or other parties on the same or another scale;
(
g) direct whether or not any costs are to be set off.
(3) When no order is made, the costs follow the event, but the fact
that a party is successful in a proceeding or a step in a proceeding does
not prevent the Court from awarding costs against the successful party in a
proper case.
(4) When costs are to be taxed, the Court may give directions to the
taxing officer in respect of any matter referred to in this Rule, and the
Court shall record
(
a) any direction to the taxing officer,
(
b) any direction that is requested by a party and
refused, and
(
c) any direction that is requested by a party and that
the Court declines to make but leaves to the discretion of the taxing
officer.
Application of
Schedule C
601.1
Schedule C and Rule 605(6), (7) and (8) are effective on and
after September 1, 1998 and apply whether the services described in
Schedule C were performed before, on or after September 1, 1998.
22 Rule 605 is amended
(
a) by repealing subrule (6) and substituting the following:
(6) Unless otherwise ordered,
(
a) when by a judgment or order relief
other than, or in addition to, the payment of money is given, or
(
b) when judgment is given for a defendant
in any action in which relief other than, or in addition to, the payment of
money is sought,
the costs shall be taxed according to Column 1 of
Schedule C or
according to the scale that would have applied if the other relief had not
been given or sought, whichever is the higher scale.
(
b) by adding the following after subrule (6):
(7) Notwithstanding anything in this Rule, unless otherwise ordered
(
a) in the case of an action commenced in the Court of
Queen's Bench when the amount sued for or the amount of the judgment does
not exceed the amount for which the Provincial Court has jurisdiction under
section 36 of the Provincial Court Act, the costs to and including judgment
shall be taxed in the amount of 75% of that provided for under Column 1 of
Schedule C;
(
b) in respect of subrule (a), post judgment matters
shall be taxed in the amount of 100% of that provided for under Column 1 of
Schedule C.
(8) Subrule (7) applies only in respect of actions the
subject-matter of which is within the jurisdiction of the Provincial Court.
23 The following is added after Rule 658:
PART 48
STREAMLINED PROCEDURE
Application
659(1) Unless excluded by subrules (2) to (4), this Part applies
only
(
a) to actions when money is claimed in the statement
of claim and the total claimed, whether as debt, indemnity, damages or
otherwise, is $75,000 or less, not including interest and costs,
(
b) when the Court, by order, considers it appropriate,
(
c) when the parties so agree in writing and file the
agreement with the clerk.
(2) This Part or any provision of it may be excluded or modified by
(
a) a written signed agreement filed with the clerk and
approved by the Court, subject to any terms or modifications the Court
imposes, or
(
b) the Court.
(3) This Part does not apply to any action commenced before
September 1, 1998, unless
(
a) ordered by the Court, or
(
b) agreed by the parties in writing and filed with the
clerk.
(4) This Part does not apply to proceedings under
Part 44, 49, 56 or
56.1.
Modifications by the Court
660(1) The Court may exclude or modify the application of this Part
or any provision of it to a particular action, declare whether the
conditions for its application are met, or modify the time limits in this
Part on terms or otherwise.
(2) When this Part applies,
(
a) other Rules continue to apply but only to the
extent that they are consistent with this Part, and the Court may modify
those other Rules as it considers appropriate, and
(
b) there is to be no discovery or inspection, except
as provided by this Part or as ordered by the Court.
Affidavit of documents
661(1) Within 30 days after service of a statement of defence, each
party to an action shall file and serve an affidavit of documents.
(2) Before examinations for discovery or interrogatories under Rule
662(5), each party to an action shall, on request and payment of reasonable
copying charges, supply to all parties opposite in interest, if
practicable, true copies of the producible documents listed in the
affidavit, that are in the party's possession or under their control.
(3) The affidavit of documents need include only each of the
following:
(
a) those documents on which the party filing it relies
or may rely;
(
b) those documents which assist or may assist the case
of any adverse party;
(
c) those documents directly relevant to the issues in
the action.
(4) A party filing an affidavit of documents must endorse on it or
attach to it, before filing and service, a list of persons who, at the
relevant time, might reasonably have some connection with the person filing
the affidavit of documents and be expected to know about any of the
following:
(
a) matters on which the party filing the affidavit
relies or may rely;
(
b) matters which assist or may assist the case of any
adverse party;
(
c) matters directly relevant to the issues in the
action.
(5) A corporate party filing an affidavit of documents must nominate
its representative under Rule 214(2).
Limitation on examination for discovery
662(1) Subject to this Rule, no party or representative designated
by a party under Rule 214 shall be examined for discovery for more than a
total of 6 hours of actual examination, not including recesses or answering
undertakings, but including examining on answers to undertakings.
(2) A party, and a representative designated by a corporation under
Rule 214, shall make all reasonable efforts before attendance for
examination to be fully informed of the matters in issue in the action.
(3) Where there are multiple parties adverse in interest to the
party examined, the Court may give special directions.
(4) By written consent filed with the clerk, the parties may
eliminate or restrict examination for discovery, or extend the time limits
for it.
(5) Any party entitled to examine another party for discovery may
elect that the examination be by written interrogatories only, directed to
that other party, and the interrogatories shall not exceed 1000 words.
Application under Rule 193 or 194 without affidavits
663(1) When appropriate, a party may apply under Rule 193 or 194
without affidavits, but the application must comply with Rule 384(2).
(2) The Court may make any order it sees fit, balancing the need for
disclosure with the need for an expeditious and cost effective
determination of the action.
Evidence by affidavit
664(1) The evidence of a witness may be given at trial by
affidavit, together with any cross-examination on it, but subject to
(
a) cross-examination on it before trial under Rule
314;
(
b) subrule (5);
(
c) an order of the Court.
(2) The affidavit shall not be filed with the Court until the
cross-examination on it is complete, or until cross-examination is waived,
at which time the affidavit and cross-examination, if any, are to be filed
together, unless the Court otherwise orders.
(3) At least 90 days before trial a party intending to adduce trial
evidence by way of affidavit shall serve the affidavit to be adduced on
every party opposite in interest.
(4) If a party objects to any proposed evidence being adduced by
affidavit and cross-examination, the party objecting may file and serve a
written notice of objection within 15 days after service under subrule (3),
specifying the affidavit or part of the affidavit objected to, with grounds
of objection.
(5) No affidavit or cross-examination objected to shall be received
in evidence except with leave of the trial judge, or by the written consent
of all counsel.
(6) If it appears to the Court that there is any good reason, the
Court may order the evidence objected to be given under Rule 261(1), Rule
261(2)(
c) or Rule 270, under any terms the Court considers appropriate.
(7) Subject to Rule 305, affidavits under this Rule may have
exhibits.
Pre-trial conference
665(1) After examinations for discovery have been completed (whether
or not undertakings flowing from them have been answered), any party may
apply to the Court for a pre-trial conference which, if the application is
granted, shall be conducted by a judge, unless a judge orders the
conference to be conducted by a master or referee.
(2) If the Court orders a pre-trial conference, it may also order
any or all of the following:
(
a) that at least 21 days before the date set for the
pre-trial conference, the plaintiff shall file with the clerk and serve on
counsel for the other party or parties a statement of facts which the
plaintiff seeks to establish, and the issues which the plaintiff believes
to remain in dispute;
(
b) that within 7 days following receipt of the
plaintiff's statement of facts, the defendant shall file with the clerk and
serve an answer in accordance with Rule 230(2), and setting out any
further facts that the defendant seeks to establish, and commenting on the
plaintiff's list of issues;
(
c) that following service of the defendant's
statement, the plaintiff shall within 7 days of the date of service file
and serve an answer stating what, if any, facts proposed by the defendant
the plaintiff disputes;
(
d) to the extent that facts are not disputed by the
parties in their answers, they are deemed to be admitted for the purposes
of the action, and Rule 230 applies with necessary changes.
Statement of factual and legal theory
666(1) At least 7 days before the commencement of the trial, each
of the parties shall file with the clerk and serve on the other parties a
short written statement of the factual and legal theory of the case of the
party filing it.
(2) Except with leave of the Court, the statement shall not be more
than 5 pages long, and include a brief list, in point form, of the major
facts and the law on which that party relies.
(3) If appropriate, the statement may duplicate, or incorporate by
reference, all or part of a document given under Rule 665.
Application of this Part to third party proceedings
667 If a third party notice is filed in a suit to which this Part
applies, this Part applies to the third party proceedings as if the party
seeking indemnity were a plaintiff and the third party were a defendant.
Case management
668(1) Any party may apply to the Court for case management to be
conducted by one judge, or if so ordered by a judge, to be conducted by one
master.
(2) If case management is ordered, Rule 665 applies.
No motions without leave
669 No motions shall be made without leave of the Court
(
a) when forbidden by a case management or pre-trial
judge or a case management or pre-trial master, or
(
b) except to enforce rights given by this Part, more
than 6 months after the close of pleadings.
Unnecessary or ill founded motions and missed deadlines
670(1) A party making an unnecessary or ill-founded motion, or
failing to comply with a deadline fixed by the Rules or by order, shall be
ordered to pay costs in any event and forthwith, except for special reason.
(2) A deadline is complied with if the necessary action is taken
before the date to which the deadline is extended under Rule 548 or Rule
Appeal on substantive rights issues
671(1) An appeal lies to the Court of Appeal, or from a master to a
judge, only from a judgment or order finally determining all or some part
of the substantive rights in issue in the action, including
(
a) an order striking out a statement of claim,
statement of defence or third party notice;
(
b) an order refusing to open up default judgment or a
noting in default;
(
c) an order permitting or directing default judgment;
(
d) an order staying the action indefinitely;
(
e) an order dismissing the action on procedural
grounds;
(
f) a final judgment at trial;
(
g) summary judgment on the merits.
(2) Notwithstanding Rules 500 and 505, in an action to which this
Part applies, no appeal lies, except as provided in subrule (1).
Order excluding Rule 236
672(1) The Court may order that all or part of Rule 236 does not
apply to the action.
(2) The Court may allow the provisional selection of a trial date,
on terms, including a term that the selection end if certain steps are not
certified or proven to be complete before a certain date.
Orders made on application only
673 Orders or leave of the Court under this Part shall be given
only on application by one or more parties.
Schedule A, Forms in Civil Actions, is amended
(
a) by striking out the portion of Form E entitled "WITNESS'S OATH"
and the form of oath following it and substituting the following:
No. 3
WITNESS'S OATH
I, ___________, of __________ in the _______of _______,
MAKE OATH AND SAY:
THAT I will truthfully answer all questions asked me, without fear or
favour, or malice to any party, and I will speak the truth, the whole truth
and nothing but the truth,
SO HELP ME GOD.
(or, in the case of a party who objects to taking an oath, I do so
solemnly, sincerely and truly affirm and declare)
SWORN BEFORE ME at )
in the of )
this day of , )
(The Commissioner)
(
b) by adding the following after Form M:
FORM N
CLERK'S CERTIFICATE
I certify to the Registrar of the Court of Appeal of Alberta that the
foregoing Appeal Book contains true copies of all material set out in the
Agreement as to Contents of the Appeal Book (or as fixed by a Judge) as
taken from the Court files, or furnished to me by counsel for the parties,
or the Court Reporter or the Examiner of the Court of Queen's Bench (as the
case may be).
Clerk of the Court of Queen's Bench of
Alberta
FORM O
SOLICITOR'S CERTIFICATE
I certify to the Court that:
1 I am a barrister and solicitor on the active roll of The Law
Society of Alberta;
2 I have personally checked the contents of this appeal book and
found them to be correct;
3 there are no recorded reasons for the decision appealed from,
except for those stated in this appeal book.
(signed) ___________________________________
Print name of solicitor:
Schedule B, Form 17, is amended by striking out clause 10 and
substituting the following:
10. IT IS ORDERED:
THAT the amounts owing under this Order be paid to the
Director of Maintenance Enforcement at __________ and be enforced by the
Director, unless the creditor files with the Court and the Director a
Notice, in writing, pursuant to
section 7 of the Maintenance Enforcement
Act, that the Defendant/Plaintiff does not wish the Order to be enforced by
the Director.
Schedule C, Civil Actions Other Than Small Debts, is repealed and the
following is substituted:
SCHEDULE C
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5
$10,000 up Over $50,000 Over $150,000 Over $500,000 Over $1.5
to and up to and up to and up to and million
including including including including
$50,000 $150,000 $500,000 $1.5 million
Unless otherwise ordered, Divorce and corollary relief matters and matters
which 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 605(7).
Pleadings
1(1) Pleadings - all drafting, issuing, 1000 1500 2000 2500 3500
filing, serving, reviewing and amending
pleadings - except pursuant to Rule 605(7) -
and including desk divorces.
(2) The limit of recovery in all cases when
the matter is uncontested, for example, default
judgments, is 50% of this amount.
2 Uncontested trial appearance. 200 400 600 800 1000
Discovery
3(1) Document discovery including 500 750 1000 1250 1500
affidavit of documents and review
of opposite party documents1 including
statement of property.
(2) Notice to Disclose and Reply on 250 - - - -
matrimonial matters (unless otherwise
ordered).
4 Notice to admit facts or admission 200 400 800 1200 1600
of facts resulting in a significant admission,
or both, which in the opinion of the Court,
expedited the case or better defined the matters
in question.
Oral discovery
5 First « day or portion of it for attendance 500 750 1000 1250 1500
for examination of parties or witnesses or
cross-examination on an affidavit.
Each additional « day 500 750 1000 1250 1500
(When attending counsel is acting for neither
witness nor examining party, 50% of these amounts)
Applications
6(1) Uncontested applications 300 400 600 700 800
(2) Ex parte applications 100 100 100 100 100
7(1) Contested applications before a 500 750 1000 1250 1500
master, judge or taxing officer
(2) Matrimonial special applications where 750 1000 1250 1500 1750
no brief required
(3) Contested adjournment applications 150 150 150 150 150
8 Special Chambers applications when
brief required or allowed by the Court
First « day or portion of it 1000 1250 1500 1750 2000
Each additional « day (limited to « day
unless otherwise ordered by the Court) 500 625 750 875 1000
For complex chambers applications, the
Court may direct that costs relating to
item 15 apply.
9 Each pre-trial conference and case 250 400 600 800 1000
management attendance, including
preparation and all steps taken in connection
with it, including interlocutory applications
if heard during those conferences or attendances
Trial
10 Preparation for trial2 2000 4000 6000 8000 10 000
11 Trial:
For first « day or portion of it 1000 1250 1500 1750 2000
Second counsel fee (when
allowed by trial judge) 500 625 750 875 1000
Each additional « day 500 700 900 1200 1500
Second counsel fee (when
allowed by trial judge) 250 350 450 600 750
12 Submission of written
argument at the request of the
trial judge or where allowed
by the trial judge 1000 2000 3000 4000 5000
Appeals
13 All steps taken to file
Notice of Appeal and
speak to the list 200 300 400 500 600
14 Preparation for appeal,
including preparation 1500 3000 6000 9000 12 000
and filing of factum
15 Appearance to argue before Appeal Court
for first « day or part of it:
First counsel 1000 1500 2000 2500 3000
Second counsel (when
allowed by the Court) 500 750 1000 1250 1500
16 Appearance to argue before Appeal Court
for each full « day occupied after the first
« day:
First counsel 500 750 1100 1300 1600
Second counsel (when allowed by the Court) - 375 550 650 800
17 Appearance on contested application 750 1250 1750 2000 500
before Appeal Court, including brief
Post-judgment
18(1) Issue of Writ of Enforcement 200 250 300 350 400
including the registration of the Writ in the
Personal Property Registry
(2) Renewals, amendments or status reports 100 100 100 100
19(1) Request and review of a financial 100 200 300 400 500
report from enforcement debtor
(2) Examination in Aid of Enforcement 100 200 300 400 500
20 Instructions for and preparing all papers 100 200 300 400
leading to seizure
21 Issuing each Garnishee Summons, 200 250 300 350 400
notice of Continuing Attachment under
the Maintenance Enforcement Act, or
Garnishee Summons Renewal Statement
22 Instructions for and preparing all 200 300 400 500 600
papers leading to sale of lands under
Order or Judgment (including attendance
at sale whether aborted or not)
Notes:
1 Judges or masters may award higher or multiples of columns in
document-intensive cases, and judges, masters or taxing officers may award
lower or fractions of columns in cases where few documents are relevant or
one party does not have to either produce or review a significant number of
documents.
2 Item 10, preparation for trial, may be varied up or down depending on
the length and complexity of the trial.
Schedule E is amended
(
a) by striking out "$200" wherever it occurs and substituting
"$200.00";
(
b) by striking out "$25" wherever it occurs and substituting
"$25.00";
(
c) by striking out "$10" wherever it occurs and substituting
"$10.00";
(
d) by striking out "$1" wherever it occurs and substituting
"$1.00";
(
e) by striking out "$20" wherever it occurs and substituting
"$20.00";
(
f) by striking out "$15" wherever it occurs and substituting
"$15.00";
(
g) by striking out "$75" wherever it occurs and substituting
"$75.00".
Schedule E, Number 8, under the heading "TARIFF OF FEES PAYABLE FOR
COURT REPORTING SERVICES" is amended
(
a) in
section 1(2) by striking out "per one-half day to a maximum
of four one-half days" and substituting "per half-day to a maximum of four
half-days";
(
b) in
section 1(3) by striking out "per half day" and substituting
"per half-day";
(
c) in
section 1 by striking out "Per half day thereafter" and
substituting "Per half-day thereafter";
(
d) in
section 2(a)(ii) by striking out "for a copy, of the same
transcript supplied to another party per page... $.85" and substituting
"for a copy of the same transcript supplied to another party, per page...
.85".
29 The description of the boundary of the Judicial District of Drumheller
and the heading preceding it are struck out.
30 The description of the boundary of the Judicial District of Grande
Prairie is amended by striking out "thence; upstream" and substituting
"thence upstream".
31 The description of the boundary of the Judicial District of Hanna and
the heading preceding it are struck out.
32 The following amendments come into force on September 1, 1998:
(
a) sections 5 and 6 (Summary Trials);
(
b) section 8 (expert evidence, new rules 218.1 to 218.16);
(
c) section 14 (Forms N and O to replace Form A, amendment to rule
530(3));
(
d) section 17 (Form A repeal);
(
e) section 21 (Costs);
(
f) section 22 (Application of
Schedule C, Rule 605(7) and (8));
(
g) section 23 (Streamlined Procedure);
(
h) section 24(b) (Forms N and O);
(
i) section 26 (new
Schedule C).
------------------------------
Alberta Regulation 153/98
Fatality Inquiries Act
FATALITY INQUIRIES AMENDMENT REGULATION
Filed: July 22, 1998
Made by the Lieutenant Governor in Council (O.C. 321/98) pursuant to
section 49 of the Fatality Inquiries Act.
1 The Fatality Inquiries Regulation (AR 120/77) is amended by this
Regulation.
Section 13.2 is repealed.
Schedule A is amended in
section 1(1)(
e) by striking out "$11.50" and
substituting "$23.00".
------------------------------
Alberta Regulation 154/98
Justice of the Peace Act
JUSTICE OF THE PEACE AMENDMENT REGULATION
Filed: July 22. 1998
Made by the Lieutenant Governor in Council (O.C. 322/98) pursuant to
section 7 of the Justice of the Peace Act.
1 The Justice of the Peace Regulation (AR 309/91) is amended by this
Regulation.
Section 9 is amended by striking out "and Calgary".
Schedule 1 is amended by striking out the list of salaried non-sitting
justices and substituting the following:
ELL, DeVon Gary
MAGUIRE, John Michael
MARSH, Jerry Ronald
SPENCER, Roselynne Margaret
Schedule 2 is amended
(
a) by repealing
section 3(1) and (2) and substituting the
following:
Salary
3(1) Subject to subsection (2), the annual salary of a
salaried non-sitting justice
(
a) from April 1, 1997 to March 31, 1998 is $42 120,
and
(
b) from April 1, 1998 is $43 068.
(2) The annual salary shall be reduced to reflect the unpaid
leave of absence referred to in
section 4(2).
(
b) by repealing
section 4(2) and substituting the following:
(2) A salaried non-sitting justice shall take, as an unpaid
leave of absence, the days that opted out and excluded employees of the
Government are required to take as an unpaid leave of absence.
(
c) in
section 5
(
i) by repealing clauses (
a) and (
b) and substituting
the following:
(
a) the benefit plans under the 1st Choice
benefits program of the Government;
(ii) by repealing clauses (d), (
e) and (f).
(
d) in
section 8
(
i) in subsection (2) by striking out "subsections
(3) and (4)" and substituting "subsection (4)";
(ii) by repealing subsection (3).
Section 4(a), (
b) and (
d) are deemed to have come into force on April
1,
Section 4(
c) is deemed to have come into force on March 1, 1997.
------------------------------
Alberta Regulation 155/98
Provincial Offences Procedure Act
PROCEDURES AMENDMENT REGULATION
Filed: July 22, 1998
Made by the Lieutenant Governor in Council (O.C. 323/98) pursuant to
section 41 of the Provincial Offences Procedure Act.
1 The Procedures Regulation (AR 233/89) is amended by this Regulation.
Section 5 is amended by adding the following after subsection (3):
(4) If the owner of an off-highway vehicle that is involved in a
contravention of the Off-highway Vehicle Act is charged with an offence
under
section 26(2) of the Off-highway Vehicle Act, the specified penalty
is the same as that provided for the driver of an off-highway vehicle
involved in such a contravention.
Schedule 2,
Part 6, is amended by striking out item numbers 78 to 83
and substituting the following:
78 65(2) 50
79 65(3) 50
80 65(4) 50
81 65(5) 50
82 65(6) 50
83 65(7) 50
4 Parts 7.1, 16, 17 and 18 of
Schedule 2 are repealed and the following
are substituted:
PART 7.1
REGULATIONS UNDER THE HIGHWAY TRAFFIC ACT
HIGHWAY TRAFFIC REGULATION
1 The specified penalty payable in respect of a contravention of a
provision of the Highway Traffic Regulation shown in Column 1 is the amount
shown in Column 2 in respect of that provision.
2 Proceedings with respect to a contravention of any provision of the
Highway Traffic Regulation shown in Column 1 may be commenced by a
violation ticket issued under either
Part 2 or
Part 3 of the Provincial
Offences Procedure Act.
Column 1 Column 2
Item (Section (Specified
Number Number of Penalty in
Regulation) Dollars)
1 3 50
2 4, 5 50
3 8 50
4 9(1)(a),(b) 100
5 9(2) 100
6 10(1),(2),(3) 75
7 11(1) 50
8 12 50
9 13 50
10 14 75
11 15 50
12 16(2) 75
13 17(2),(3) 75
14 18(3),(4) 75
15 19 75
16 22 50
17 23(1),(2) 50
18 24(1)(a),(b),(c),(d) 50
19 24(1)(e) 50
20 24(2) 50
21 24(5) 50
22 25 50
23 26(3) 50
24 27 to 41 75
25 44 50
26 45(2) 100
PART 16
MOTOR VEHICLE
ADMINISTRATION ACT
1 The specified penalty payable in respect of a contravention of a
provision of the Motor Vehicle Administration Act shown in Column 1 is the
amount shown in Column 2 in respect of that provision.
2 Proceedings with respect to a contravention of any provision of the
Motor Vehicle Administration Act shown in Column 1 may be commenced by a
violation ticket issued under either
Part 2 or
Part 3 of the Provincial
Offences Procedure Act.
Column 1 Column 2
Item (Section (Specified
Number Number of Penalty in
Act) Dollars)
1 5(1) 100
2 6 50
3 7 250
4 13 50
5 14 100
6 15 50
7 18 100
8 24 250
9 25 100
10 26 100
11 27 100
12 28 100
13 29 150
14 30 150
15 31 50
16 33 50
17 34(1) 50
18 34(6) 250
19 36 250
20 39 250
21 40 50
22 41 50
23 42 250
24 43(1) 50
25 44 50
26 45 50
27 46(4) 100
28 49 100
29 50 100
30 51 100
31 52 50
32 53 50
33 54 50
34 55 200
35 68(4),(6) and (8)(a) 150
36 70(1) 50
37 77 250
38 79 250
39 80 250
40 86 50
41 89 250
42 91 50
43 102 (see
section 5(3) of
this Regulation)
PART 17
REGULATIONS AND ORDERS UNDER THE
MOTOR VEHICLE ADMINISTRATION ACT
1 The specified penalty for an offence under the Motor Vehicle
Administration Order (AR 25/76), the Regulations Under the Motor Vehicle
Administration Act (AR 22/76) or the Public Vehicle Classification, Fees
and Permit Regulation (AR 17/87) is $50.
2 The proceedings in respect of an offence under the enactments referred
to in
section 1 may be commenced by a violation ticket issued under either
Part 2 or
Part 3 of the Provincial Offences Procedure Act.
PART 18
OFF-HIGHWAY VEHICLE ACT
1 The specified penalty payable in respect of a contravention of a
provision of the Off-highway Vehicle Act shown in Column 1 is the amount
shown in Column 2 in respect of that provision.
2 Proceedings with respect to a contravention of any provision of the
Off-highway Vehicle Act shown in Column 1 may be commenced by a violation
ticket issued under either
Part 2 or
Part 3 of the Provincial Offences
Procedure Act.
Column 1 Column 2
Item (Section (Specified
Number Number of Penalty in
Act) Dollars)
1 2(1) 50
2 3(1),(3) 50
3 5(1) 50
4 5(2) 100
5 5(3) 100
6 6 100
7 8 50
8 11(1) 250
9 12 50
10 13 50
11 14 100
12 15 100
13 16 100
14 17(a),(b),(c) 100
15 18(1),(4) 50
(applicable, regarding speeding, only to speeds not more than
30 km/h over the limit and applicable, regarding all offences under this
section, only to first offences)
16 19(1),(2) 100
17 20 100
18 21 100
19 23 350
20 24 100
21 26(2) (see
section 5(4) of this Regulation)
22 26(4) 150
5 This Regulation comes into force on October 1, 1998.