Alberta Gazette — documents gazette 1997 pdf 0731 ii.pdf

documents gazette 1997 pdf 0731 ii.pdf

Alberta — Gazette

THE ALBERTA GAZETTE,

PART II, JULY 31, 1997

Alberta Regulation 130/97

Environmental Protection and Enhancement Act

ACTIVITIES DESIGNATION AMENDMENT REGULATION

Filed: July 8, 1997

Made by the Minister of Environmental Protection (M.O. 19/97) pursuant to

section 81(

a) of the Environmental Protection and Enhancement Act.

1 The Activities Designation Regulation (AR 211/96) is amended by this

Regulation.

Schedule 1, Division 4 is amended by repealing

Part 1.

3 This Regulation comes into force on September 1, 1997.

------------------------------

Alberta Regulation 131/97

Dairy Board Act

MINIMUM MILK PRICE ORDER

Filed: July 9, 1997

Made by the Alberta Energy and Utilities Board (Order U97081) pursuant to

section 12 of the Dairy Board Act.

1 All Class 1 milk shall be purchased on a hectolitre basis and where

that milk has a butterfat content of 3.60 kilograms per hectolitre the

minimum price for that Class 1 milk shall be $65.77 per hectolitre.

2 The Minimum Milk Price Order (Alta. Reg. 126/96) is repealed.

3 This Order comes into force on July 16, 1997.

Alberta Regulation 132/97

Municipal Government Act

CANMORE UNDERMINING REVIEW AMENDMENT REGULATION

Filed: July 10, 1997

Made by the Lieutenant Governor in Council (O.C. 132/97) pursuant to

sections 618(4) and 694(1) of the Municipal Government Act.

1 The Canmore Undermining Review Regulation (AR 114/97) is amended by

this Regulation.

Section 1(

e) is repealed and the following is substituted:

(e) "designated land" means

(

i) the land described in

Schedule 2 and within the

boundaries shown on the map in

Schedule 1, including the Government road

allowances, and

(ii) the land required for access roads from highway No.

1 to the land described in subclause (i);

Schedule 1 is repealed and the following is substituted:

SCHEDULE 1

Schedule 2 is amended by adding the following after the table:

Land:

1 Legal description:

Meridian 5 Range 10 Township 24

Section 29 Those portions which lie

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:

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 of 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 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

Roadway 7687 HX 0.004 0.01 (NW)

Roadway 528 IX 0.085 0.21 (NW)

Subdivision 4171 JK 3.23 7.98 (NW)

Roadway 7367 JK 3.14 7.76 (NW)

Subdivision 7810522 29.8 73.81 (NE)

Subdivision 8210815 20.62 50.95 (NW)

Road 9312237 1.393 3.44 (NW)

0.604 1.49 (SW)

Subdivision 9312316 1.029 2.54 (SW)

2.733 6.75 (NW)

2.412 5.96 (NE)

4.079 10.1 (SE)

Subdivision 9512060 6.191 15.30 (SE)

Subdivision 9512060 2.075 5.15 (SW)

Subdivision 9611299 0.004 0.01 (NE)

Excepting thereout all mines and minerals.

2 Legal description:

Meridian 5 Range 10 Township 24

Section 29

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:

A) Plan Number Hectares Acres

(more or less)

Subdivision 9312316 0.069 0.170

Subdivision 9512060 3.952 9.70

Subdivision 9610638 4.742 11.7

Subdivision 9611299 1.616 4.0

Subdivision 9710407 2.51 6.2

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

Excepting thereout all mines and minerals

Alberta Regulation 133/97

Court of Appeal Act

Court of Queen's Bench Act

Civil Enforcement Act

ALBERTA RULES OF COURT AMENDMENT REGULATION

Filed: July 10, 1997

Made by the Lieutenant Governor in Council (O.C. 305/97) 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 Enforcement Act.

1 The Alberta Rules of Court (AR 390/68) are amended by this Regulation.

2 Rule 85(1)(

a) is amended by adding ", subject to Rule 565.1(5)," after

"shall".

3 The following is added after Rule 561:

Forms

561.01(1) In this Rule, "deviation" includes the deletion of

material that is not applicable or the addition of material that is

applicable.

(2) Where a person

(

a) uses a form that is prescribed by these Rules, or

(

b) prepares a document that is based on or that is to

be used in place of a form prescribed by these Rules,

any deviation in that form or document from the prescribed form that,

in the circumstances under which that form or document is to be used, does

not adversely affect

(

c) the substance of the prescribed form, or

(

d) the information reasonably required or specifically

required by the Court,

and is not intended to mislead does not invalidate that form or

document.

4 Rule 562.1 is repealed and the following is substituted:

Forms

562.1 Unless otherwise provided, a reference to a form in this

Part

is a reference to a form prescribed in

Schedule B.

5 Rule 563 is amended

(

a) in subrule (1) by striking out "of

Schedule B";

(

b) in subrule (2) by striking out "Form 1.1 of

Schedule B" and

substituting "Form 2".

6 Rule 563.1 is repealed.

7 Rule 565 is amended

(

a) in subrule (1) by adding "and serve" after "the clerk";

(

b) by repealing subrules (2) and (2.1) and substituting the

following:

(2) Where a defendant seeks relief in opposition to the relief that

is claimed in the Statement of Claim, the defendant shall file with the

clerk and serve a Statement of Defence and Counterclaim prepared in

accordance with Form 4 or 5.

(2.1) Where a defendant seeks relief but does not oppose the relief

that is claimed in the Statement of Claim, the defendant shall file with

the clerk and serve a Demand of Notice and a Counterclaim prepared in

accordance with Form 7 or 8.

(

c) in subrule (3) by striking out "Form 5" and substituting "Form

6".

8 Rule 565.1 is amended by adding the following after subrule (4):

(5) Where a single Statement of Claim that is issued for both a

divorce proceeding and a matrimonial property proceeding has been served

elsewhere in Canada than in Alberta, a Statement of Defence, Demand of

Notice or any pleadings that include a Counterclaim with respect to both or

either of those proceedings shall be filed and served within 40 days from

the date of service of the Statement of Claim.

9 Rule 568 is amended

(

a) by renumbering subrule (1) as subrule (1.1) and by adding the

following before subrule (1.1):

(1) In this Rule a reference to "Counterclaim" includes a reference

(

a) a Statement of Defence and Counterclaim for

Divorce;

(

b) a Statement of Defence and Counterclaim for Divorce

and Division of Matrimonial Property;

(

c) a Demand of Notice and Counterclaim for Divorce;

(

d) a Demand of Notice and Counterclaim for Divorce and

Division of Matrimonial Property.

(

b) in subrule (1.1)(b)(

i) by striking out "Form 13" and

substituting "Form 12";

(

c) in subrule (2) by repealing clause (

b) and substituting the

following:

(

b) a Counterclaim,

(

d) in subrule (3) by striking out "subrules (1)(b)" and

substituting "subrules (1.1)(b)";

(

e) in subrule (4)(a)

(

i) by striking out "subrule (1)(b)(i)" and

substituting "subrule (1.1)(b)(i)";

(ii) by striking out "subrule (1)(b)(ii)" and

substituting "subrule (1.1)(b)(ii)";

(

f) by striking out subrules (6) and (7) and substituting the

following:

(6) Where the Defendant or the Plaintiff defending against a

Counterclaim

(

a) has filed a Demand of Notice, a Statement of

Defence or a Counterclaim, and

(

b) has not given the consent required to have the

divorce proceeding dealt with under this Rule,

the Plaintiff or the Defendant who commenced a counterclaim may

apply in chambers by Notice of Motion for the matter to be dealt with under

this Rule.

(7) A judge in chambers hearing an application under subrule (6) may

(

a) direct the Plaintiff or the Defendant who commenced

a counterclaim to enter the case for trial on oral evidence, or

(

b) authorize the Plaintiff or the Defendant who

commenced a counterclaim to proceed under subrule (1.1), without any

further notice to the Defendant or the Plaintiff defending against the

counterclaim, as the case may be.

10 Rule 569 is amended by striking out "Form 4.1" and substituting "Form

15".

11 Rule 571 is amended

(

a) in subrule (1) by striking out "Form 11" and substituting "Form

13";

(

b) in subrule (2) by striking out "Form 12" and substituting "Form

14".

12 Rule 573(

a) is amended by striking out "Form 7" and substituting "Form

9".

13 Rule 574.1(1)(

a) is amended by striking out "Form 9" and substituting

"Form 10".

14 The following is added after Rule 575:

Form of orders for relief

575.1 Where the Court grants

(

a) a divorce judgment without hearing oral evidence

and an order for corollary relief, the judgment and order may be in a form

that is prepared in accordance with Form 17,

(

b) an order for corollary relief, the order may be in

a form that is prepared in accordance with Form 18, or

(

c) a variation order, the order may be in a form

prepared in accordance with Form 19.

15 Rule 577(1)(

b) is amended by striking out "Form 10" and substituting

"Form 11".

Schedule B is repealed and

Schedule B to this Regulation is

substituted.

SCHEDULE B

(Rules 561.1 to 577.3)

FORM 1

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

, Plaintiff

and

, Defendant

STATEMENT OF CLAIM FOR DIVORCE

The Parties

(1) The date of the marriage was:

(2) The place of the marriage was:

(3) The surnames of the parties at birth were:

Husband: Wife:

(4) At the time of marriage the marital status of each party was:

Husband: Wife:

(5) The wife was born at on the day of , 19 .

(6) The husband was born at on the day of , 19 .

(7) The parties ceased cohabiting on the day of , 19 .

(8) The Plaintiff's address is:

(9) The Defendant's address is:

Residence

2. The Plaintiff (or Defendant) has been ordinarily resident in the

Province of Alberta for at least one year immediately preceding the date of

this Statement of Claim.

Grounds

3. The Plaintiff's ground for divorce is the breakdown of the marriage by

reason of: (the parties have been living separate and apart in excess of

one year) (the Defendant has committed adultery) (the Defendant has treated

the Plaintiff with cruelty; specify whether mental cruelty or physical

cruelty or both).

Reconciliation

(1) There is no possibility of reconciliation.

(2) The following efforts to reconcile have been made:

Bars To Divorce

(1) There has been no collusion in relation to this divorce action.

(2) (if the grounds are under

section 8(2)(

b) of the Divorce Act

(Canada)). The Plaintiff has not connived at or condoned the grounds

complained of prior to bringing this divorce action.

Children

6. The particulars of the children of the parties are as follows:

(

a) the names and dates of birth of each of the children are:

(

b) the Plaintiff proposes custody as follows:

(

c) the Plaintiff proposes access arrangements as follows:

(

d) the Plaintiff proposes financial arrangements for the children

as follows:

(

d) the financial arrangements for the support of the children are

as follows:

Agreements

7. The parties have made an agreement regarding the custody, access and

support of the children, or each other, as follows:

Court Proceedings

8. The details of any court proceeding in regard to the marriage,

custody, access and support of the children or the parties are as follows:

Employment

(1) The Plaintiff's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

(2) The Defendant's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

CLAIMS UNDER THE DIVORCE ACT

10. The Plaintiff makes the following claims:

(

a) a Divorce Judgment;

(

b) custody of ;

(

c) access to ;

(

d) support of each child in the sum of $ per month

(commencing on (and being retroactive to ));

(

e) support for the Plaintiff in the sum of $ per month

(commencing on (and being retroactive to ));

(

f) lump sum support for the Plaintiff in the sum of $ ;

(

g) a restraining order;

(

h) costs.

DATED at , in the Province of Alberta, this

day of , 19 , AND DELIVERED by Barrister and

Solicitor, , Alberta, Solicitor for the Plaintiff,

whose address for service is in care of that Solicitor.

ISSUED out of the Office of the Clerk of the Court of Queen's Bench of

Alberta, Judicial District of , at the , in the

Province of Alberta, this day of , 19 .

Clerk of the Court

STATEMENT OF SOLICITOR:

I, , solicitor for the Plaintiff, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

Dated at , in the Province of Alberta, this

day of , 19 .

(Signature of Lawyer)

NOTICE TO THE DEFENDANT

TO:

A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details

are set out in the attached Statement of Claim.

1. IF YOU DISPUTE ANY OF THE CLAIMS or IF YOU WISH TO MAKE ANY CLAIM

YOURSELF, YOU MUST FILE A STATEMENT OF DEFENCE at the court office shown on

the Statement of Claim within the following times:

(

a) if you were served in Alberta, within 15 days from the date of

service;

(

b) if you were served elsewhere in Canada, within 40 days from the

date of service;

(

c) if you were served elsewhere than that referred to in clause

(

a) or (b), within the time indicated on the Order for Service.

2. IF YOU DO NOT FILE

(

a) A STATEMENT OF DEFENCE, or

(

b) A DEMAND OF NOTICE requiring that notice of any application to

be made in this action be given to you,

and if you do not serve a copy of that Statement of Defence or Demand of

Notice on the plaintiff at the address for service given in the Statement

of Claim, you are not entitled to notice of any further proceedings and an

order may be made in your absence and enforced against you.

This Statement of Claim is issued by:

, Solicitor

for the Plaintiff who resides at , Alberta,

and whose address for service is c/o the said Solicitor and is addressed to

the Defendant whose residence so far as is known to the Plaintiff is

, Alberta.

NO.

IN THE COURT OF

QUEEN'S BENCH

OF ALBERTA

JUDICIAL DISTRICT

BETWEEN:

, Plaintiff

and

, Defendant

STATEMENT OF CLAIM FOR DIVORCE

(Lawyer's name, address and telephone number)

FORM 2

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

, Plaintiff

and

, Defendant

STATEMENT OF CLAIM FOR DIVORCE AND

DIVISION OF MATRIMONIAL PROPERTY

DIVORCE:

The Parties

(1) The date of the marriage was:

(2) The place of the marriage was:

(3) The surnames of the parties at birth were:

Husband: Wife:

(4) At the time of marriage the marital status of each party was:

Husband: Wife:

(5) The wife was born at on the day of , 19 .

(6) The husband was born at on the day of , 19 .

(7) The parties ceased cohabiting on the day of , 19 .

(8) The Plaintiff's address is:

(9) The Defendant's address is:

Residence

2. The Plaintiff (or Defendant) has been ordinarily resident in the

Province of Alberta for at least one year immediately preceding the date of

this Statement of Claim.

Grounds

3. The Plaintiff's ground for divorce is the breakdown of the marriage by

reason of: (the parties have been living separate and apart in excess of

one year) (the Defendant has committed adultery) (the Defendant has treated

the Plaintiff with cruelty; specify whether mental cruelty or physical

cruelty or both).

Reconciliation

(1) There is no possibility of reconciliation.

(2) The following efforts to reconcile have been made:

Bars To Divorce

(1) There has been no collusion in relation to this divorce action.

(2) (if the grounds are under

section 8(2)(

b) of the Divorce Act

(Canada)). The Plaintiff has not connived at or condoned the grounds

complained of prior to bringing this divorce action.

Children

6. The particulars of the children of the parties are as follows:

(

a) the names and dates of birth of each of the children are:

(

b) the Plaintiff proposes custody as follows:

(

c) the Plaintiff proposes access arrangements as follows:

(

d) the Plaintiff proposes financial arrangements for the children

as follows:

(

d) the financial arrangements for the support of the children are

as follows:

Agreements

7. The parties have made an agreement regarding the custody, access and

support of the children, or each other, as follows:

Court Proceedings

8. The details of any court proceeding in regard to the marriage,

custody, access and support of the children or the parties are as follows:

Employment

(1) The Plaintiff's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

(2) The Defendant's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

MATRIMONIAL PROPERTY CLAIM:

10. The parties are resident in Alberta. (or as the case may be)

11. During the marriage the parties acquired both real and personal

property in their names, either jointly or separately. (The particulars of

that property, together with the exemption claimed, will be set out in the

matrimonial property statements to be filed in this action.)

12. The Plaintiff is entitled to an equitable division of the matrimonial

property.

13. Trial of this action to be held at , Alberta.

CLAIMS UNDER THE DIVORCE ACT

14. The Plaintiff makes the following claims:

(

a) a Divorce Judgment;

(

b) custody of ;

(

c) access to ;

(

d) support of each child in the sum of $ per month

(commencing on (and being retroactive to ));

(

e) support for the Plaintiff in the sum of $ per month

(commencing on (and being retroactive to ));

(

f) lump sum support for the Plaintiff in the sum of $ ;

(

g) a restraining order;

(

h) costs.

CLAIMS UNDER THE MATRIMONIAL PROPERTY ACT

15. The Plaintiff makes the following claims:

(

a) an Order for the distribution of all of the property acquired

by the Plaintiff and Defendant, either jointly or separately, in such

manner as the Court deems just and equitable;

(

b) a matrimonial home possession order;

(c) (set out such other claims as may relate to the pleadings);

(

d) such further relief and direction as the Court considers

necessary to give effect to the distribution of the matrimonial property;

(

e) costs.

DATED at , in the Province of Alberta, this

day of , 19 , AND DELIVERED by Barrister

and Solicitor, , Alberta, Solicitor for the

Plaintiff, whose address for service is in care of that Solicitor.

ISSUED out of the Office of the Clerk of the Court of Queen's Bench of

Alberta, Judicial District of , at the , in the

Province of Alberta, this day of , 19 .

Clerk of the Court

STATEMENT OF SOLICITOR:

I, , solicitor for the Plaintiff, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

Dated at , in the Province of Alberta, this

day of , 19 .

(Signature of Lawyer)

NOTICE TO THE DEFENDANT

TO:

A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details

are set out in the attached Statement of Claim.

1. IF YOU DISPUTE ANY OF THE CLAIMS or IF YOU WISH TO MAKE ANY CLAIM

YOURSELF, YOU MUST FILE A STATEMENT OF DEFENCE at the court office shown on

the Statement of Claim within the following times:

(

a) if you were served in Alberta, within 15 days from the date of

service;

(

b) if you were served elsewhere in Canada, within 40 days from the

date of service;

(

c) if you were served elsewhere than that referred to in clause

(

a) or (b), within the time indicated on the Order for Service.

2. IF YOU DO NOT FILE

(

a) A STATEMENT OF DEFENCE, or

(

b) A DEMAND OF NOTICE requiring that notice of any application to

be made in this action be given to you,

and if you do not serve a copy of that Statement of Defence or Demand of

Notice on the plaintiff at the address for service given in the Statement

of Claim, you are not entitled to notice of any further proceedings and an

order may be made in your absence and enforced against you.

This Statement of Claim is issued by:

Solicitor for the Plaintiff who resides at , Alberta,

and whose address for service is c/o the said Solicitor and is addressed to

the Defendant whose residence so far as is known to the Plaintiff is

, Alberta.

NO.

IN THE COURT

OF QUEEN'S BENCH

OF ALBERTA

JUDICIAL DISTRICT

BETWEEN:

, Plaintiff

and

, Defendant

STATEMENT OF CLAIM FOR DIVORCE AND DIVISION OF MATRIMONIAL PROPERTY

(Lawyer's name, address and telephone number)

FORM 3

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

, Plaintiff

-and-

, Defendant

STATEMENT OF DEFENCE

1. The Defendant agrees to the following relief sought by the Plaintiff:

(a) (in respect of the divorce action);

(b) (in respect of the matrimonial property action).

2. The Defendant contests the following part or parts of the Statement of

Claim:

(a) (in respect of the divorce action);

(b) (in respect of the matrimonial property action).

3. The Defendant's grounds for contesting the Statement of Claim are as

follows:

(a) (in respect of the divorce action);

(b) (in respect of the matrimonial property action).

DATED at , in the Province of Alberta, this day of

, 19 .

Defendant or Solicitor for the

Defendant whose address is

and whose address for service is

FORM 4

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

, Plaintiff

-and-

, Defendant

STATEMENT OF DEFENCE AND

COUNTERCLAIM FOR DIVORCE

STATEMENT OF DEFENCE:

1. The Defendant agrees to the following relief sought by the Plaintiff:

(a) (in respect of the divorce action);

(b) (in respect of the matrimonial property action).

2. The Defendant contests the following part or parts of the Statement of

Claim:

(a) (in respect of the divorce action);

(b) (in respect of the matrimonial property action).

3. The Defendant's grounds for contesting the Statement of Claim are as

follows:

(a) (in respect of the divorce action);

(b) (in respect of the matrimonial property action).

COUNTERCLAIM:

To this Honourable Court:

The Parties

(1) The date of the marriage was:

(2) The place of the marriage was:

(3) The surnames of the parties at birth were:

Husband: Wife:

(4) At the time of marriage the marital status of each party was:

Husband: Wife:

(5) The wife was born at on the day of , 19 .

(6) The husband was born at on the day of , 19 .

(7) The parties ceased cohabiting on the day of , 19 .

(8) The Plaintiff's address is:

(9) The Defendant's address is:

Residence

2. The Defendant (or Plaintiff) has been ordinarily resident in the

Province of Alberta for at least one year immediately preceding the date of

this Counterclaim.

Grounds

3. The Defendant's ground for divorce is the breakdown of the marriage by

reason of: (the parties have been living separate and apart in excess of

one year) (the Plaintiff has committed adultery) (the Plaintiff has treated

the Defendant with cruelty; specify whether mental cruelty or physical

cruelty or both).

Reconciliation

(1) There is no possibility of reconciliation.

(2) The following efforts to reconcile have been made:

Bars To Divorce

(1) There has been no collusion in relation to this divorce action.

(2) (if the grounds are under

section 8(2)(

b) of the Divorce Act

(Canada)). The Defendant has not connived at or condoned the grounds

complained of prior to bringing this divorce action.

Children

6. The particulars of the children of the parties are as follows:

(

a) the names and dates of birth of each of the children are:

(

b) the Defendant proposes custody as follows:

(

c) the Defendant proposes access arrangements as follows:

(

d) the Defendant proposes financial arrangements for the children

as follows:

(

d) the financial arrangements for the support of the children are

as follows:

Agreements

7. The parties have made an agreement regarding the custody, access and

support of the children, or each other, as follows:

Court Proceedings

8. The details of any court proceeding in regard to the marriage,

custody, access and support of the children or the parties are as follows:

Employment

(1) The Plaintiff's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

(2) The Defendant's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

CLAIMS UNDER THE DIVORCE ACT

10. The Defendant makes the following claims:

(

a) a Divorce Judgment;

(

b) custody of ;

(

c) access to ;

(

d) support of each child in the sum of $ per month;

(

e) support for the Defendant in the sum of $ per month

(commencing on (and being retroactive to ));

(

f) lump sum support for the Defendant in the sum of $

(commencing on (and being retroactive to ));

(

g) a restraining order;

(

h) costs.

DATED at , in the Province of Alberta, this

day of , 19 , AND DELIVERED by Barrister and

Solicitor, , Alberta, Solicitor for the Defendant,

whose address for service is in care of that Solicitor.

ISSUED out of the Office of the Clerk of the Court of Queen's Bench of

Alberta, Judicial District of , at the , in

the Province of Alberta, this day of , 19 .

Clerk of the Court

STATEMENT OF SOLICITOR:

I, , solicitor for the Defendant, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

Dated at , in the Province of Alberta, this

day of , 19 .

(Signature of Lawyer)

NOTICE TO THE PLAINTIFF

TO:

A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details

are set out in this Counterclaim.

1. IF YOU DISPUTE ANY OF THE CLAIMS, YOU MUST FILE A STATEMENT OF DEFENCE

TO THE COUNTERCLAIM at the court office shown on the Counterclaim within

the following times:

(

a) if you were served in Alberta, within 15 days from the date of

service;

(

b) if you were served elsewhere in Canada, within 40 days from the

date of service;

(

c) if you were served elsewhere than that referred to in clause

(

a) or (b), within the time indicated on the Order for Service.

2. IF YOU DO NOT FILE

(

a) A STATEMENT OF DEFENCE TO THE COUNTERCLAIM, or

(

b) A DEMAND OF NOTICE requiring that notice of any application to

be made in this action in respect of the Counterclaim be given to you,

and, if you do not serve a copy of that Statement of Defence to the

Counterclaim or Demand of Notice on the defendant at the address for

service given in the Counterclaim, you are not entitled to notice of any

further proceedings in respect of the Counterclaim and an order may be made

in your absence and enforced against you.

NO.

IN THE COURT

OF QUEEN'S BENCH

OF ALBERTA

JUDICIAL DISTRICT

BETWEEN:

, Plaintiff

and

, Defendant

STATEMENT OF DEFENCE AND COUNTERCLAIM FOR DIVORCE

(Lawyer's name, address and telephone number)

This Counterclaim is issued by:

Solicitor for the Defendant who resides at , Alberta,

and whose address for service is c/o the said Solicitor and is addressed to

the Plaintiff whose residence so far as is known to the Defendant is

, Alberta.

FORM 5

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

, Plaintiff

-and-

, Defendant

STATEMENT OF DEFENCE AND

COUNTERCLAIM FOR DIVORCE AND

DIVISION OF MATRIMONIAL PROPERTY

STATEMENT OF DEFENCE:

1. The Defendant agrees to the following relief sought by the Plaintiff:

(a) (in respect of the divorce action);

(b) (in respect of the matrimonial property action).

2. The Defendant contests the following part or parts of the Statement of

Claim:

(a) (in respect of the divorce action);

(b) (in respect of the matrimonial property action).

3. The Defendant's grounds for contesting the Statement of Claim are as

follows:

(a) (in respect of the divorce action);

(b) (in respect of the matrimonial property action).

COUNTERCLAIM:

To this Honourable Court:

DIVORCE:

The Parties

(1) The date of the marriage was:

(2) The place of the marriage was:

(3) The surnames of the parties at birth were:

Husband: Wife:

(4) At the time of marriage the marital status of each party was:

Husband: Wife:

(5) The wife was born at on the day of , 19 .

(6) The husband was born at on the day of , 19 .

(7) The parties ceased cohabiting on the day of , 19 .

(8) The Plaintiff's address is:

(9) The Defendant's address is:

Residence

2. The Defendant (or Plaintiff) has been ordinarily resident in the

Province of Alberta for at least one year immediately preceding the date of

this Counterclaim.

Grounds

3. The Defendant's ground for divorce is the breakdown of the marriage by

reason of: (the parties have been living separate and apart in excess of

one year) (the Plaintiff has committed adultery) (the Plaintiff has treated

the Defendant with cruelty; specify whether mental cruelty or physical

cruelty or both).

Reconciliation

(1) There is no possibility of reconciliation.

(2) The following efforts to reconcile have been made:

Bars To Divorce

(1) There has been no collusion in relation to this divorce action.

(2) (if the grounds are under

section 8(2)(

b) of the Divorce Act

(Canada)). The Defendant has not connived at or condoned the grounds

complained of prior to bringing this divorce action.

Children

6. The particulars of the children of the parties are as follows:

(

a) the names and dates of birth of each of the children are:

(

b) the Defendant proposes custody as follows:

(

c) the Defendant proposes access arrangements as follows:

(

d) the Defendant proposes financial arrangements for the children

as follows:

(

d) the financial arrangements for the support of the children are

as follows:

Agreements

7. The parties have made an agreement regarding the custody, access and

support of the children, or each other, as follows:

Court Proceedings

8. The details of any court proceeding in regard to the marriage,

custody, access and support of the children or the parties are as follows:

Employment

(1) The Plaintiff's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

(2) The Defendant's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

MATRIMONIAL PROPERTY CLAIM:

10. The parties are resident in Alberta. (or as the case may be)

11. During the marriage the parties acquired both real and personal

property in their names, either jointly or separately. (The particulars of

that property, together with the exemption claimed, will be set out in the

matrimonial property statements to be filed in this action.)

12. The Defendant is entitled to an equitable division of the matrimonial

property.

13. Trial of this action to be held at , Alberta.

CLAIMS UNDER THE DIVORCE ACT

14. The Defendant makes the following claims:

(

a) a Divorce Judgment;

(

b) custody of ;

(

c) access to ;

(

d) support of each child in the sum of $ per month

(commencing on (and being retroactive to ));

(

e) support for the Defendant in the sum of $ per month

(commencing on (and being retroactive to ));

(

f) lump sum support for the Defendant in the sum of $ ;

(

g) a restraining order;

(

h) costs.

CLAIMS UNDER THE MATRIMONIAL PROPERTY ACT

15. The Defendant makes the following claims:

(

a) an Order for the distribution of all of the property acquired

by the Plaintiff and Defendant, either jointly or separately, in such

manner as the Court deems just and equitable;

(

b) a matrimonial home possession order;

(c) (set out such other claims as may relate to the pleadings);

(

d) such further relief and direction as the Court considers

necessary to give effect to the distribution of the matrimonial property;

(

e) costs.

DATED at , in the Province of Alberta, this

day of , 19 , AND DELIVERED by Barrister

and Solicitor, , Alberta, Solicitor for the

Defendant, whose address for service is in care of that Solicitor.

ISSUED out of the Office of the Clerk of the Court of Queen's Bench of

Alberta, Judicial District of , at the , in the

Province of Alberta, this day of , 19 .

Clerk of the Court

STATEMENT OF SOLICITOR:

I, , solicitor for the Defendant, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

Dated at , in the Province of Alberta, this

day of , 19 .

(Signature of Lawyer)

NOTICE TO THE PLAINTIFF

TO:

A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details

are set out in this Counterclaim.

1. IF YOU DISPUTE ANY OF THE CLAIMS, YOU MUST FILE A STATEMENT OF DEFENCE

TO THE COUNTERCLAIM at the court office shown on the Counterclaim within

the following times:

(

a) if you were served in Alberta, within 15 days from the date of

service;

(

b) if you were served elsewhere in Canada, within 40 days from the

date of service;

(

c) if you were served elsewhere than that referred to in clause

(

a) or (b), within the time indicated on the Order for Service.

NO.

IN THE COURT

OF QUEEN'S BENCH

OF ALBERTA

JUDICIAL DISTRICT

BETWEEN:

, Plaintiff

and

, Defendant

STATEMENT OF DEFENCE AND COUNTERCLAIM FOR DIVORCE AND DIVISION OF

MATRIMONIAL PROPERTY

(Lawyer's name, address and telephone number)

2. IF YOU DO NOT FILE

(

a) A STATEMENT OF DEFENCE TO THE COUNTERCLAIM, or

(

b) A DEMAND OF NOTICE requiring that notice of any application to

be made in this action in respect of the Counterclaim be given to you,

and, if you do not serve a copy of that Statement of Defence to the

Counterclaim or Demand of Notice on the defendant at the address for

service given in the Counterclaim, you are not entitled to notice of any

further proceedings in respect of the Counterclaim and an order may be made

in your absence and enforced against you.

This Counterclaim is issued by:

Solicitor for the Defendant who resides at , Alberta,

and whose address for service is c/o the said Solicitor and is addressed to

the Plaintiff whose residence so far as is known to the Defendant is

, Alberta.

FORM 6

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

, Plaintiff

-and-

, Defendant

DEMAND OF NOTICE

Take notice that the Defendant demands that notice of any proceedings to be

taken in this action be given to the Defendant at the Defendant's address

for service.

DATED at , in the Province of Alberta, this

day of , 19 .

Defendant or Solicitor for the

Defendant whose address is

and whose address for service is

TO: The Clerk of the Court and

The Plaintiff

FORM 7

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

, Plaintiff

-and-

, Defendant

DEMAND OF NOTICE AND

COUNTERCLAIM FOR DIVORCE

DEMAND OF NOTICE:

Take notice that the Defendant demands that notice of any proceedings to be

taken in this action be given to the Defendant at the Defendant's address

for service.

COUNTERCLAIM:

To this Honourable Court:

The Parties

(1) The date of the marriage was:

(2) The place of the marriage was:

(3) The surnames of the parties at birth were:

Husband: Wife:

(4) At the time of marriage the marital status of each party was:

Husband: Wife:

(5) The wife was born at on the day of , 19 .

(6) The husband was born at on the day of , 19 .

(7) The parties ceased cohabiting on the day of , 19 .

(8) The Plaintiff's address is:

(9) The Defendant's address is:

Residence

2. The Defendant (or Plaintiff) has been ordinarily resident in the

Province of Alberta for at least one year immediately preceding the date of

this Counterclaim.

Grounds

3. The Defendant's ground for divorce is the breakdown of the marriage by

reason of: (the parties have been living separate and apart in excess of

one year) (the Plaintiff has committed adultery) (the Plaintiff has treated

the Defendant with cruelty; specify whether mental cruelty or physical

cruelty or both).

Reconciliation

(1) There is no possibility of reconciliation.

(2) The following efforts to reconcile have been made:

Bars To Divorce

(1) There has been no collusion in relation to this divorce action.

(2) (if the grounds are under

section 8(2)(

b) of the Divorce Act

(Canada)). The Defendant has not connived at or condoned the grounds

complained of prior to bringing this divorce action.

Children

6. The particulars of the children of the parties are as follows:

(

a) the names and dates of birth of each of the children are:

(

b) the Defendant proposes custody as follows:

(

c) the Defendant proposes access arrangements as follows:

(

d) the Defendant proposes financial arrangements for the children

as follows:

(

d) the financial arrangements for the support of the children are

as follows:

Agreements

7. The parties have made an agreement regarding the custody, access and

support of the children, or each other, as follows:

Court Proceedings

8. The details of any court proceeding in regard to the marriage,

custody, access and support of the children or the parties are as follows:

Employment

(1) The Plaintiff's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

(2) The Defendant's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

CLAIMS UNDER THE DIVORCE ACT

10. The Defendant makes the following claims:

(

a) a Divorce Judgment;

(

b) custody of ;

(

c) access to ;

(

d) support of each child in the sum of $ per month

(commencing on (and being retroactive to ));

(

e) support for the Defendant in the sum of $ per month

(commencing on (and being retroactive to ));

(

f) lump sum support for the Defendant in the sum of $ ;

(

g) a restraining order;

(

h) costs.

DATED at , in the Province of Alberta, this

day of , 19 , AND DELIVERED by Barrister and

Solicitor, , Alberta, Solicitor for the Defendant,

whose address for service is in care of that Solicitor.

ISSUED out of the Office of the Clerk of the Court of Queen's Bench of

Alberta, Judicial District of , at the , in

the Province of Alberta, this day of , 19 .

Clerk of the Court

STATEMENT OF SOLICITOR:

I, , solicitor for the Defendant, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

Dated at , in the Province of Alberta, this

day of , 19 .

(Signature of Lawyer)

NOTICE TO THE PLAINTIFF

TO:

A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details

are set out in this Counterclaim.

1. IF YOU DISPUTE ANY OF THE CLAIMS, YOU MUST FILE A STATEMENT OF DEFENCE

TO THE COUNTERCLAIM at the court office shown on the Counterclaim within

the following times:

(

a) if you were served in Alberta, within 15 days from the date of

service;

(

b) if you were served elsewhere in Canada, within 40 days from the

date of service;

(

c) if you were served elsewhere than that referred to in clause

(

a) or (b), within the time indicated on the Order for Service.

2. IF YOU DO NOT FILE

(

a) A STATEMENT OF DEFENCE TO THE COUNTERCLAIM, or

(

b) A DEMAND OF NOTICE requiring that notice of any application to

be made in this action in respect of the Counterclaim be given to you,

and, if you do not serve a copy of that Statement of Defence to the

Counterclaim or Demand of Notice on the defendant at the address for

service given in the Counterclaim, you are not entitled to notice of any

further proceedings in respect of the Counterclaim and an order may be made

in your absence and enforced against you.

NO.

IN THE COURT

OF QUEEN'S BENCH

OF ALBERTA

JUDICIAL DISTRICT

BETWEEN:

, Plaintiff

and

, Defendant

DEMAND OF NOTICE AND COUNTERCLAIM FOR DIVORCE

(Lawyer's name, address and telephone number)

This Counterclaim is issued by:

Solicitor for the Defendant who resides at , Alberta,

and whose address for service is c/o the said Solicitor and is addressed to

the Plaintiff whose residence so far as is known to the Defendant is

, Alberta.

FORM 8

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

, Plaintiff

-and-

, Defendant

DEMAND OF NOTICE AND

COUNTERCLAIM FOR DIVORCE AND

DIVISION OF MATRIMONIAL PROPERTY

DEMAND OF NOTICE:

Take notice that the Defendant demands that notice of any proceedings to be

taken in this action be given to the Defendant at the Defendant's address

for service.

COUNTERCLAIM:

To this Honourable Court:

DIVORCE:

The Parties

(1) The date of the marriage was:

(2) The place of the marriage was:

(3) The surnames of the parties at birth were:

Husband: Wife:

(4) At the time of marriage the marital status of each party was:

Husband: Wife:

(5) The wife was born at on the day of , 19 .

(6) The husband was born at on the day of , 19 .

(7) The parties ceased cohabiting on the day of , 19 .

(8) The Plaintiff's address is:

(9) The Defendant's address is:

Residence

2. The Defendant (or Plaintiff) has been ordinarily resident in the

Province of Alberta for at least one year immediately preceding the date of

this Counterclaim.

Grounds

3. The Defendant's ground for divorce is the breakdown of the marriage by

reason of: (the parties have been living separate and apart in excess of

one year) (the Plaintiff has committed adultery) (the Plaintiff has treated

the Defendant with cruelty; specify whether mental cruelty or physical

cruelty or both).

Reconciliation

(1) There is no possibility of reconciliation.

(2) The following efforts to reconcile have been made:

Bars To Divorce

(1) There has been no collusion in relation to this divorce action.

(2) (if the grounds are under

section 8(2)(

b) of the Divorce Act

(Canada)). The Defendant has not connived at or condoned the grounds

complained of prior to bringing this divorce action.

Children

6. The particulars of the children of the parties are as follows:

(

a) the names and dates of birth of each of the children are:

(

b) the Defendant proposes custody as follows:

(

c) the Defendant proposes access arrangements as follows:

(

d) the Defendant proposes financial arrangements for the children

as follows:

(

d) the financial arrangements for the support of the children are

as follows:

Agreements

7. The parties have made an agreement regarding the custody, access and

support of the children, or each other, as follows:

Court Proceedings

8. The details of any court proceeding in regard to the marriage,

custody, access and support of the children or the parties are as follows:

Employment

(1) The Plaintiff's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

(2) The Defendant's

(

a) place of employment is:

(

b) gross income is:

(

c) total income for the last tax return was:

(

d) taxable income for the last tax return was:

MATRIMONIAL PROPERTY CLAIM:

10. The parties are resident in Alberta. (or as the case may be)

11. During the marriage the parties acquired both real and personal

property in their names, either jointly or separately. (The particulars of

that property, together with the exemption claimed, will be set out in the

matrimonial property statements to be filed in this action.)

12. The Defendant is entitled to an equitable division of the matrimonial

property.

13. Trial of this action to be held at , Alberta.

CLAIMS UNDER THE DIVORCE ACT

14. The Defendant makes the following claims:

(

a) a Divorce Judgment;

(

b) custody of ;

(

c) access to ;

(

d) support of each child in the sum of $ per month

(commencing on (and being retroactive to ));

(

e) support for the Defendant in the sum of $ per month

(commencing on (and being retroactive to ));

(

f) lump sum support for the Defendant in the sum of $ ;

(

g) a restraining order;

(

h) costs.

CLAIMS UNDER THE MATRIMONIAL PROPERTY ACT

15. The Defendant makes the following claims:

(

a) an Order for the distribution of all of the property acquired

by the Plaintiff and Defendant, either jointly or separately, in such

manner as the Court deems just and equitable;

(

b) a matrimonial home possession order;

(c) (set out such other claims as may relate to the pleadings);

(

d) such further relief and direction as the Court considers

necessary to give effect to the distribution of the matrimonial property;

(

e) costs.

DATED at , in the Province of Alberta, this

day of , 19 , AND DELIVERED by Barrister

and Solicitor, , Alberta, Solicitor for the

Defendant, whose address for service is in care of that Solicitor.

ISSUED out of the Office of the Clerk of the Court of Queen's Bench of

Alberta, Judicial District of , at the , in the

Province of Alberta, this day of , 19 .

Clerk of the Court

STATEMENT OF SOLICITOR:

I, , solicitor for the Defendant, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

Dated at , in the Province of Alberta, this

day of , 19 .

(Signature of Lawyer)

NOTICE TO THE PLAINTIFF

TO:

A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details

are set out in this Counterclaim.

1. IF YOU DISPUTE ANY OF THE CLAIMS, YOU MUST FILE A STATEMENT OF DEFENCE

TO THE COUNTERCLAIM at the court office shown on the Counterclaim within

the following times:

(

a) if you were served in Alberta, within 15 days from the date of

service;

(

b) if you were served elsewhere in Canada, within 40 days from the

date of service;

(

c) if you were served elsewhere than that referred to in clause

(

a) or (b), within the time indicated on the Order for Service.

2. IF YOU DO NOT FILE

(

a) A STATEMENT OF DEFENCE TO THE COUNTERCLAIM, or

(

b) A DEMAND OF NOTICE requiring that notice of any application to

be made in this action in respect of the Counterclaim be given to you,

and, if you do not serve a copy of that Statement of Defence to the

Counterclaim or Demand of Notice on the defendant at the address for

service given in the Counterclaim, you are not entitled to notice of any

further proceedings in respect of the Counterclaim and an order may be made

in your absence and enforced against you.

NO.

IN THE COURT

OF QUEEN'S BENCH

OF ALBERTA

JUDICIAL DISTRICT

BETWEEN:

, Plaintiff

and

, Defendant

DEMAND OF NOTICE AND COUNTERCLAIM FOR DIVORCE AND DIVISION OF MATRIMONIAL

PROPERTY

(Lawyer's name, address and telephone number)

This Counterclaim is issued by:

Solicitor for the Defendant who resides at , Alberta,

and whose address for service is c/o the said Solicitor and is addressed to

the Plaintiff whose residence so far as is known to the Defendant is

, Alberta.

FORM 9

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN

Applicant

-and-

Respondent

NOTICE OF MOTION FOR INTERIM

COROLLARY RELIEF

TAKE NOTICE that an application will be made before the presiding judge in

chambers at the Court House in the of ,

in the Province of Alberta at o'clock in noon, or as

soon thereafter as counsel may be heard, on the day of

, 19 for an order for the following corollary relief:

AND FURTHER TAKE NOTICE that the grounds for the relief are:

AND FURTHER TAKE NOTICE that in support of this application will be read

the affidavits of ;

AND FURTHER TAKE NOTICE that if you do not appear an order may be made in

your absence.

DATED at , in the Province of Alberta this, day of

, 19 .

Applicant or applicant's

solicitor whose address is

and whose address for service is

TO: The Clerk of the Court

The Respondent

FORM 10

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN

Applicant

-and-

Respondent

ORIGINATING NOTICE

TO: (Respondent)

TAKE NOTICE that an application will be made on behalf of ,

the applicant, of in the Province of

before the presiding judge in chambers at the Court House in the

of on the day of , 19 at the hour

of o'clock in the noon, or as soon thereafter as

counsel may be heard, for an order that:

AND FURTHER TAKE NOTICE that the grounds for the relief that the applicant

is seeking are:

AND FURTHER TAKE NOTICE that in support of this application will be read

the affidavit of .

DATED at , in the Province of Alberta, this

day of 19 .

Clerk of the Court

This originating notice was taken out by , the

applicant, or , solicitor for the applicant, whose

address is and whose address for service is .

TO: The Respondent

Take notice that if you do not appear either in person or by counsel at the

time and place appointed, the relief sought may be granted against you

without further notice.

FORM 11

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

Applicant

-and-

Respondent

NOTICE OF CONFIRMATION HEARING

TO:

TAKE NOTICE that an application to confirm the Provisional Order of

(Judge) of (Court) made on the day of

, 19 will be heard by the presiding judge at (Address)

in the Province of Alberta on the day of ,

19 at o'clock in the noon, or as soon

thereafter as the matter can be heard.

AND FURTHER TAKE NOTICE that in support of the application will be read all

material forwarded by the Court that granted the Provisional Order, that

material being filed with the undersigned clerk.

AND FURTHER TAKE NOTICE that if you do not appear in person or with counsel

an order may be made in your absence and enforced against you.

DATED at , in the Province of Alberta this day

of , 19 .

Clerk of the Court

FORM 12

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

Plaintiff

-and-

Defendant

REQUEST FOR DIVORCE

(WITHOUT ORAL HEARING)

TO THE CLERK OF THE COURT:

1. I request that this action be set for hearing as an undefended divorce

to be considered pursuant to Rule 568 on the basis of affidavit evidence.

2. Service of the Statement of Claim on my spouse was effected by

on the day of , 19 , (or as

indicated in the affidavit of service).

3. The affidavit evidence to be considered with my Statement of Claim has

been filed and is attached to this request.

4. The Defendant has not filed a Statement of Defence or a Demand of

Notice (or has filed a Demand of Notice but has consented to this request

by consent endorsed on this request).

5. The Defendant's address is .

6. The address of the Defendant's solicitor is .

7. The Plaintiff's address is .

8. The address of the Plaintiff's solicitor is .

DATED at , in the Province of Alberta, this day

of , 19 .

Plaintiff or Solicitor

FORM 13

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

Plaintiff

-and-

Defendant

REQUEST FOR A CERTIFICATE OF DIVORCE

I, of the of in the

do hereby request that a Certificate of Divorce be issued.

DATED at , in the Province of Alberta, this day of

, 19 .

FORM 14

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

CERTIFICATE OF DIVORCE

This is to certify that the marriage of

and that was solemnized on the day of

, 19 was dissolved by a judgement that became effective on the

day of , 19 .

DATED at , in the Province of Alberta, this day of

, 19 .

Clerk of the Court

FORM 15

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

, Plaintiff

-and-

, Defendant

AFFIDAVIT OF APPLICANT

I, , of the , in the Province of Alberta,

MAKE OATH AND SAY:

Parties

1. THAT I am the spouse of the Defendant whose last known address is

, in the of , in the Province of

. I identify the person in the picture attached as Exhibit "

" to the Affidavit of Service filed herein, as the Defendant herein.

Marriage

2. THAT I was married to the Defendant, , on the

day of , 19 , at the of , in the

Province of , and attached hereto and marked Exhibit

"A" to this my Affidavit is a certified copy of a marriage certificate

issued by the Province of , which accurately sets forth

the particulars of my marriage.

(If a marriage certificate cannot be obtained, then the marriage can

be proved by setting out the circumstances of the marriage: the place and

date, the licence, the person performing the marriage, the witnesses, and

the fact that the parties then considered themselves married. A

certificate from a religious ceremony, can, in addition, be appended as an

exhibit. It is expected that marriage certificates for marriages performed

within Canada will be obtained.)

Residence

3. THAT I (or the Defendant) have been ordinarily resident in the

Province of Alberta for a period of at least one year immediately preceding

the date of the issuance of the Statement of Claim herein.

Grounds

4. THAT there has been a marriage breakdown, which is evidenced by the

following:

(

a) THAT I separated from the Defendant on the day of

, 19 , at the of , in the Province

of and have lived separate and apart from the Defendant since

that date, which is a period in excess of one year.

(

a) THAT the Defendant has committed adultery as evidenced by (his

or her ) Affidavit filed herein;

(

b) THAT I separated from the Defendant on the day of

, 19 , at the of , in the Province

of and have lived separate and apart from the Defendant since

that date.

(

a) THAT the Defendant has treated me with mental or physical

cruelty, particulars of which are as follows:

(Here put in the details of the conduct that the applicant alleges

establishes the existence of the mental or physical cruelty.)

(

b) THAT I separated from the Defendant on the day of

, 19 , at the of , in the Province

of and have lived separate and apart from the Defendant since

that date.

Bars to Divorce

5. (

a) THAT I have not entered into any agreement or conspiracy,

either directly or indirectly, for the purpose of subverting the

administration of justice, nor have I entered into any agreement,

understanding or arrangement to fabricate or suppress evidence or to

deceive the Court in this action;

(The following two paragraphs are applicable only if the grounds are

adultery or mental or physical cruelty.)

(

b) THAT I have not done anything to encourage the Defendant to

commit the acts complained of, nor have I done anything which would have

led the Defendant to believe that I would agree or not object to such acts;

(

c) THAT I have not forgiven the Defendant for committing the acts

described herein and have not taken him/her back to live with me as my

spouse.

Children, Child Care and Financial

Arrangements For Children

6. (

a) THAT there are no children of the marriage as defined by the

Divorce Act (Canada).

(

a) THAT there are children of the marriage, as defined by

the Divorce Act (Canada) namely:

(i) , born the of , 19

(ii) , born the of , 19

(iii) , born the of , 19

(b) (Set out arrangements for custody and access).

(

c) THAT the following arrangements have been made for the support

of the children of the marriage and it is my belief that these arrangements

are reasonable arrangements as required by

section 11(1)(

b) of the Divorce

Act (Canada):

(

i) the amount of $ per month for the

children of the marriage will be paid for his/her/their support;

(ii) the payments of the amount referred to in subclause

(

i) shall commence on the day of , 19 .

(

d) THAT in support of the arrangements referred to in clause (

c) the following information is provided:

(

i) my guideline income is determined as follows:

employment income $ ;

other income (specify) $ ;

for a total income of $ ;

minus the following adjustments permitted under

Schedule III of the Federal Child Support Guidelines

(specify) $ ;

for a guideline income of $ ;

(ii) the Defendant's guideline income is determined as

follows:

employment income $ ;

other income (specify) $ ;

for a total income of $ ;

minus the following adjustments permitted under

Schedule III of the Federal Child Support Guidelines

(specify) $ ;

for a guideline income of $ ;

(iii) the amount payable by under the

Federal Child Support Guidelines is $ ;

(iv) special or extraordinary expenses allowable under

the Federal Child Support Guidelines are (specify the item for

which the expense is allowed, to which child it relates and the amount on a

yearly and monthly basis and on both a gross and net of tax credit basis)

and the (payor'

s) share is $ or _____% of those

expenses;

(

v) the (payor) will provide medical and

dental insurance coverage for the children as follows: (specify);

(Additional provisions under Federal Child Support Guidelines)

(vi) provisions for child over the age of majority are

(specify);

(vii) split custody (specify);

(viii) shared custody (specify);

(ix) there has been a deviation from the Federal Child

Support Guidelines for the following reasons:

(Include all relevant information to substantiate

the deviation and, if undue hardship is claimed, state that it is claimed,

what it is and set out the standard of living test)

(

e) THAT in support of arrangements referred to in clause (

c) the

source of my knowledge in regard to the above information relating to the

Defendant is as follows:

(In addition, a copy of any agreement may be attached.)

Spousal Maintenance

7. THAT the following arrangements have been made for spousal

maintenance:

Reconciliation

8. THAT there is no possibility of reconciliation between my spouse and

me.

Statement of Claim for Divorce

9. THAT I have read the Statement of Claim for Divorce filed herein and

the information contained therein is correct except where otherwise stated

in this Affidavit.

Relief Requested

10. THAT this Affidavit is made in support of an application for:

(Set out in list form relief being requested.)

Sworn before me at the )

of , in the Province )

of Alberta, this day of )

, 19 . )

A Commissioner for Oaths in and )

for the Province of Alberta )

FORM 16

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

Plaintiff

-and-

Defendant

Before the Honourable Justice At , in the Province

of the Court of Queen's of Alberta, on the day

Bench of Alberta of , 19 .

DIVORCE JUDGMENT

(WITHOUT ORAL EVIDENCE)

UPON THE STATEMENT OF CLAIM coming on before the Court this day;

AND UPON READING the pleadings and the Affidavits of ;

IT IS HEREBY ADJUDGED that the Court renders a Judgment of Divorce between

the Plaintiff and the Defendant, who were married on the day of

, 19 , at the of , in the

of , the divorce to be effective on the

31st day after the day that this Judgment is rendered, unless this Judgment

is appealed before that 31st day.

JUSTICE OF THE COURT OF

QUEEN'S BENCH OF ALBERTA

ENTERED at the of

in the Province of

Alberta, this day of

, 19 .

Clerk of the Court

THE SPOUSES ARE NOT FREE TO REMARRY UNTIL THIS JUDGMENT TAKES EFFECT, AT

WHICH TIME EITHER SPOUSE MAY OBTAIN A CERTIFICATE OF DIVORCE FROM THIS

COURT. IF AN APPEAL IS TAKEN FROM THIS JUDGMENT, IT MAY DELAY THIS

JUDGMENT TAKING EFFECT.

FORM 17

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF _____________

BETWEEN:

____________________________

Plaintiff

-and-

____________________________

Defendant

Before the Honourable Justice At ________, in the Province

_____ of the Court of Queen's of Alberta, on the ___ day

Bench of Alberta of __________, 19___.

DIVORCE JUDGMENT AND

COROLLARY RELIEF ORDER

(WITHOUT ORAL EVIDENCE)

UPON THE STATEMENT OF CLAIM FOR DIVORCE coming on before the Court this

day;

AND UPON READING the pleadings and the Affidavit(

s) of ;

AND UPON the Defendant having been found to have a guideline income of

$_________ and the Plaintiff to have a guideline income of $_________;

AND UPON the Court being advised that the name and birth date of each child

of the marriage is as follows:

____________________ ____________________

____________________ ____________________

1. IT IS ADJUDGED:

THAT the Court renders a Judgment of Divorce between the Plaintiff

and the Defendant, who were married on the _____ of ______, 19 , in the

_________of _______, the divorce to be effective on the 31st day after the

day this Judgment is rendered, unless this Judgment is appealed before that

31st day.

2. IT IS ORDERED:

THAT (set out custody arrangements).

3. IT IS ORDERED:

THAT (set out access arrangements).

4. IT IS ORDERED:

(Standard Child Support Payment Clause)

THAT The Defendant/Plaintiff shall pay to the Defendant/Plaintiff the

sum of $_________ per month for the support of the child(ren) of the

marriage, (names of child(ren)), payable on the 1st day of each month,

commencing ____________1, 19___.

5. IT IS ORDERED:

(Add-on for Additional Expenses)

THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the

sum of $_________ per month for additional expenses for the child(ren) of

the marriage, payable on the 1st day of each month, commencing __________1,

19___, allocated as follows:

Child Nature of Add-on Amount of Percentage

_________ _______________ ___________________

_________ _______________ ___________________

6. IT IS ORDERED:

(Medical and Dental Coverage)

THAT the Defendant/Plaintiff shall provide medical and dental

insurance coverage for the child(ren) of the marriage.

7. IT IS ORDERED:

(Child Over Age of Majority)

THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the

sum of $______ per month for __________, a child of the marriage over the

age of majority, payable on the 1st day of each month, commencing

__________ 1, 19___.

8. IT IS ORDERED:

(Undue Hardship)

THAT the Defendant/Plaintiff, having satisfied the Court that payment

of the full amount of child support prescribed in the Federal Child Support

Guidelines would cause the Defendant/Plaintiff undue hardship due to

___________, shall pay to the Defendant/Plaintiff for the support of the

child(ren), (names of child(ren)) , the sum of $________ per

month, payable on the 1st day of each month commencing ___________1, 19___.

[and]

IT IS FURTHER ORDERED:

THAT the child support shall be revisited in ____________ of 19___,

it being determined that the cause of the undue hardship should be

eliminated by that date.

[or]

IT IS FURTHER ORDERED:

THAT commencing on the _______day of _________, 19___, the

Defendant/Plaintiff shall pay the amounts prescribed by the guidelines,

namely __________.

9. IT IS ORDERED:

THAT (set out spousal support arrangements).

10.j 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, that the Defendant/Plaintiff does not wish the Order to be

enforced by the Director pursuant to

section 7 of the Maintenance

Enforcement Act.

____________________________

JUSTICE OF THE COURT OF

QUEEN'S BENCH OF ALBERTA

ENTERED at the __________

of _________, in the Province

of Alberta, this ____ day

of _____________, 19___.

_______________

Clerk of the Court

THE SPOUSES ARE NOT FREE TO REMARRY UNTIL THIS JUDGMENT TAKES EFFECT, AT

WHICH TIME EITHER SPOUSE MAY OBTAIN A CERTIFICATE OF DIVORCE FROM THIS

COURT. IF AN APPEAL IS TAKEN FROM THIS JUDGMENT, IT MAY DELAY THIS

JUDGMENT TAKING EFFECT. (WHERE THE JUDGMENT AND COROLLARY RELIEF ORDER ARE

GRANTED OTHER THAN UNDER RULE 568, THE HEADING AND

PREAMBLE MUST BE

MODIFIED ACCORDINGLY.)

Consent to Corollary Relief

__________________________

Solicitor for the Defendant

(Consent may be required in some circumstances for Corollary Relief

Orders.)

FORM 18

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF ______________

BETWEEN:

_____________________________

Plaintiff

-and-

_____________________________

Defendant

Before the Honourable Justice At _______, in the Province

______ of the Court of Queen's of Alberta, on the ____ day

Bench of Alberta of ___________, 19____.

COROLLARY RELIEF ORDER

THE PARTIES hereto having been divorced by a Divorce Judgment rendered on

the _________ day of _________, 19____ and this matter having come on for

hearing in the presence of the Plaintiff and the Defendant (or in the

absence of the parties and counsel, as the case may be);

AND UPON CONSIDERING the pleadings and the Affidavit(

s) of (or the evidence

presented);

AND UPON the Defendant having been found to have a guideline income of

$_______ and the Plaintiff to have a guideline income of $_______;

AND UPON the Court being advised that the name and birth date of each child

of the marriage is as follows:

__________________ _________________

__________________ _________________

1. IT IS ORDERED:

THAT (set out the custody arrangements)

2. IT IS ORDERED:

THAT (set out the access arrangements)

3. IT IS ORDERED:

(Standard Child Support Payment Clause)

THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the

sum of $______ per month for the support of the child(ren) of the marriage,

(names of child(ren)), payable on the 1st day of each month, commencing

____________ 1, 19___.

4. IT IS ORDERED:

(Add-on for Additional Expenses)

THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the

sum of $_______ per month for additional expenses for the child(ren) of the

marriage, payable on the 1st day of each month, commencing ____________ 1,

19___, allocated as follows:

Child Nature of Add-on Amount of Percentage

_______ ________________ ___________________

_______ ________________ _____________________

5. IT IS ORDERED:

(Medical and Dental Coverage)

THAT the Defendant/Plaintiff shall provide medical and dental

insurance coverage for the child(ren) of the marriage.

6. IT IS ORDERED:

(Child Over Age of Majority)

THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the

sum of $_________ per month for ____________, a child of the marriage over

the age of majority, payable on the 1st day of each month, commencing

__________ 1, 19___.

7. IT IS ORDERED:

(Undue Hardship)

THAT the Defendant/Plaintiff, having satisfied the Court that payment

of the full amount of child support prescribed in the Federal Child Support

Guidelines would cause the Defendant/Plaintiff undue hardship due to

____________, shall pay to the Defendant/Plaintiff for the support of the

child(ren) of the marriage, (names of child(ren)) , the sum of

$__________ per month, payable on the 1st day of each month commencing

____________1, 19___ up to and including ___________, 19___.

[and]

IT IS FURTHER ORDERED:

THAT child support shall be revisited in ___________ of 19___, it

being determined that the cause of the undue hardship should be eliminated

by that date.

[or]

IT IS FURTHER ORDERED:

THAT commencing on the _______ day of _____________, 19___, the

Defendant/Plaintiff shall pay the amounts prescribed by the guidelines,

namely _____________.

8. IT IS ORDERED:

THAT (set out spousal support arrangements)

9. 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, that the Defendant/Plaintiff does not wish the Order to be

enforced by the Director pursuant to

section 7 of the Maintenance

Enforcement Act.

____________________________

JUSTICE OF THE COURT OF

QUEEN'S BENCH OF ALBERTA

ENTERED at ____________in

the Province of Alberta this

____ day of ______, 19___.

________________

Clerk of the Court

FORM 19

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF _______________

BETWEEN:

___________________________

Plaintiff

-and-

__________________________

Defendant

Before the Honourable Justice At _______, in the Province

_____ of the Court of Queen's of Alberta, on the ___ day

Bench of Alberta of ___________, 19 ___.

VARIATION ORDER

UPON THE APPLICATION of ________________;

AND UPON READING the Affidavit(

s) of filed on behalf of (the

Plaintiff or the Defendant) ;

AND UPON HEARING representations by the counsel for both parties;

AND UPON the Defendant having been found to have a guideline income of

$________ and the Plaintiff to have a guideline income of $________;

AND UPON the Court being advised that the name and birth date of each child

of the marriage is as follows:

______________ _______________

______________ _______________

1. IT IS ORDERED:

THAT, pursuant to the Divorce Act (Canada), the Judgment pronounced

__________, 19___ by the Honourable Justice _______________ is hereby

varied to delete paragraph _____ of the said judgment.

2. 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, that the Defendant/Plaintiff does not wish the Order to be

enforced by the Director pursuant to

section 7 of the Maintenance

Enforcement Act.

VARIABLE CLAUSES

3. IT IS ORDERED:

(Standard Child Support Payment Clause)

THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the

sum of $_______ per month for the support of the child(ren) of the

marriage, (names of child(ren)), payable on the 1st day of each month,

commencing ____________1, 19___.

4. IT IS FURTHER ORDERED:

(Add-on for Additional Expenses)

THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the

sum of $________ per month for additional expenses for the child(ren) of

the marriage, payable on the 1st day of each month, commencing _________1,

19___, allocated as follows:

Child Nature of Add-on Amount of Percentage

5. IT IS ORDERED:

(Medical and Dental Coverage)

THAT the Defendant/Plaintiff shall provide medical and dental

insurance coverage for the child(ren) of the marriage.

6. IT IS ORDERED:

(Child Over Age of Majority)

THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the

sum of $_________ per month for __________________, a child of the marriage

over the age of majority, payable on the 1st day of each month, commencing

__________1, 19___.

7. IT IS ORDERED:

(Undue Hardship)

THAT the Defendant/Plaintiff, having satisfied the Court that payment

of the full amount of child support prescribed in the Federal Child Support

Guidelines would cause the Defendant/Plaintiff undue hardship due to

____________, shall pay to the Defendant/Plaintiff for the support of the

child(ren) of the marriage, (names of child(ren)) , the sum of

$________ per month, payable on the 1st day of each month commencing

____________1, 19___ up to and including __________, 19___.

[and]

IT IS FURTHER ORDERED:

THAT the child support shall be revisited in _____________ of 19___,

it being determined that the cause of the undue hardship should be

eliminated by that date.

[or]

IT IS FURTHER ORDERED:

THAT commencing on the ________day of ___________, 19___, the

Defendant/Plaintiff shall pay the amounts prescribed by the guidelines,

namely _____________.

8. IT IS ORDERED:

THAT (set out spousal arrangements).

____________________________________

JUSTICE OF THE COURT OF QUEEN'S

BENCH OF ALBERTA

APPROVED AS TO FORM AND CONTENT:

(or) CONSENTED TO:

____________________________

Solicitor for the Plaintiff

____________________________

Solicitor for the Defendant

ENTERED at ____________in

the Province of Alberta this

____ day of ______, 19___.

________________

Clerk of the Court

------------------------------

Alberta Regulation 134/97

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: July 10, 1997

Made by the Lieutenant Governor in Council (O.C. 308/97) pursuant to

section 41 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 233/89) is amended by this Regulation.

Section 7(1) is repealed and the following is substituted:

7(1) A defendant who is convicted of an offence pursuant to

proceedings under

Part 3 of the Act and fails to pay a fine imposed by a

justice and the applicable surcharge, within the time allowed for payment

or, if no time is allowed, forthwith shall be liable to pay a late payment

charge equal to

(a) $20, or

(b) 20% of the outstanding balance of the fine imposed

and any applicable surcharge,

whichever is greater.

(1.1) The amount calculated under subsection (1)(

b) shall be rounded

down to the nearest dollar.

(2) Unless otherwise ordered by a justice, a late payment charge

shall not apply if the full amount of the fine and the surcharge is

received within 48 hours after the date on which the fine and surcharge are

required to be paid.

Section 8(1) is amended by adding "and any applicable surcharge" after

"imposed".

Schedule 1 is repealed and the

Schedule set out in this Regulation is

substituted.

Part 6 of

Schedule 2 is amended in

section 2 by repealing item 148 and

substituting the following:

148 105(3)(a)(b) 300

6 This Regulation comes into force on August 1, 1997.

SCHEDULE 1

Alberta Regulation 135/97

Victims of Crime Act

VICTIMS' PROGRAMS REGULATION

Filed: July 10, 1997

Made by the Lieutenant Governor in Council (O.C. 310/97) pursuant to

section 17 of the Victims of Crime Act.

Table of Contents

Part 1

Grants

Application for grant 1

Agreement 2

Payment of grant 3

Conditions of grant 4

Accounting for use of grant 5

Part 2

Surcharge

Surcharge 6

Part 3

Repeal, Expiry and Coming into Force

Repeal 7

Expiry 8

Coming into force 9

PART 1

GRANTS

Application for grant

1(1) A person who provides or proposes to provide a program that consists

of services that benefit victims or class or classes of victims during

their involvement with the criminal justice process may apply for a grant

in a form acceptable to the Minister of Justice and Attorney General.

(2) In addition to the information required in an application under

subsection (1), an applicant must provide any other information requested

by the Minister of Justice and Attorney General.

Agreement

2 The Minister of Justice and Attorney General may at any time require an

applicant to enter into an agreement with respect to the terms and

conditions of a grant and any matter relating to the payment or repayment

of a grant.

Payment of grant

3 If the Minister of Justice and Attorney General authorizes the payment

of a grant, the grant may, in accordance with the authorization, be paid

(

a) in a lump sum or in instalments, and

(

b) at the time or times specified.

Conditions of grant

4(1) A person who receives a grant must use the grant

(

a) only for the program described in the application and

authorized by the Minister of Justice and Attorney General, or

(

b) if the original program described in the application is varied

and the variation is agreed to by the person and by the Minister, only for

the program as varied.

(2) If a grant is not used by a person in accordance with subsection (1),

the Minister of Justice and Attorney General may require that the person

repay the grant in whole or in part to the Fund.

(3) If a person does not use all the grant paid to him for the program

referred to in subsection (1), he must return the unused portion to the

Fund, unless otherwise directed by the Minister of Justice and Attorney

General.

Accounting for use of grant

5 A person who receives a grant must, when required by the Minister of

Justice and Attorney General, provide evidence in a form and manner

satisfactory to the Minister of Justice and Attorney General of how the

grant was used.

PART 2

SURCHARGE

Surcharge

6 The amount of a surcharge is an amount that is equivalent to 15% of the

fine, rounded down to the nearest dollar, imposed on a person convicted of

an offence.

PART 3

REPEAL, EXPIRY AND COMING INTO FORCE

Repeal

7 The Victims' Programs Grants Regulation (AR 19/91) is repealed.

Expiry

8 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be re-passed

in its present or an amended form following a review, this Regulation

expires on August 1, 2002.

Coming into force

9 This Regulation comes into force on August 1, 1997.

------------------------------

Alberta Regulation 136/97

Hospitals Act

HOSPITALIZATION BENEFITS AMENDMENT REGULATION

Filed: July 10, 1997

Made by the Lieutenant Governor in Council (O.C. 311/97) pursuant to

section 62 of the Hospitals Act.

1 The Hospitalization Benefits Regulation (AR 244/90) is amended by this

Regulation.

Section 9 is amended

(

a) in subsection (1)(

a) and (

b) by striking out "prescribed" and

substituting "approved";

(

b) in subsection (2) by striking out "the full amount" and

substituting "a fee" and by striking out "the

schedule of fees prescribed"

and substituting "a

schedule of fees approved";

(

c) in subsection (4)(

b) by striking out "prescribed" and

substituting "approved".

------------------------------

Alberta Regulation 137/97

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TERACHERS' PENSION

PLANS AMENDMENT REGULATION

Filed: July 10, 1997

Approved by the Lieutenant Governor in Council (O.C. 317/97) pursuant to

section 14 of the Teachers' Pension Plans Act and

section 12 of the

Teachers' Pension Plans (Legislative Provisions) Regulation (AR 204/95).

1 The Teachers' and Private School Teachers' Pension Plans (AR 203/95)

are amended by this Regulation.

Schedule 1 is amended by sections 3 to 5.

Section 1(1) is amended

(

a) in clauses (

d) and (

e) by adding "but using a mortality table

that does not differentiate on the basis of any person's sex," after

"actuary";

(

b) in clause (

k) by adding "but using that mortality table used in

the latest actuarial valuation of the Plan that does not differentiate on

the basis of any person's sex" after "Actuaries".

Section 49 is amended

(

a) in subsection (1) by striking out from "until he reaches" to

the end of the subsection;

(

b) by adding the following after subsection (1):

(1.1) If and when the pensioner reaches the end of the month

in which that person attains the age of 65 years, the increased pension,

including the amount referred to in subsection (1), shall be reduced, with

effect from the following day, by the amount of the previously estimated

Canada Pension Plan retirement pension.

(

c) in subsection (2) by adding "and the pension remains payable to

another person" after "65 years";

(

d) in subsection (3) by adding "payment of the amount equal to the

actuarial equivalent of the previously estimated Canada Pension Plan

retirement pension ceases and" after "another person,".

5 The following is added after

section 74:

Mortality tables

75(1) Notwithstanding

section 3 of the Teachers' and Private

School Teachers' Pension Plans Amendment Regulation enacted on or about

July 9, 1997 insofar as it amends

section 1(1)(d), where pension

commencement occurs after August 31, 1997 as a result of a postponement

under

section 42 made before September 1, 1997, the mortality tables in use

immediately before September 1, 1997 are to continue to be used for the

purpose of determining actuarial equivalence of pensions.

(2) Subsection (1) is repealed at the end of August 1998.

Schedule 2 is amended by adding the following after

section 74:

Mortality tables

Section 75 of the Related Plan applies with respect to the Plan.

7 This Regulation comes into force on September 1, 1997.

------------------------------

Alberta Regulation 138/97

Motor Vehicle Administration Act

REGULATION TO AMEND REGULATIONS UNDER THE

MOTOR VEHICLE ADMINISTRATION ACT

Filed: July 10, 1997

Made by the Lieutenant Governor in Council (O.C. 318/97) pursuant to

section 59 of the Motor Vehicle Administration Act.

1 The Regulations Under the Motor Vehicle Administration Act (AR 22/76)

are amended by this Regulation.

2 Schedules A and B are amended with respect to the item "Failing to stop

for school bus" by striking out "4" and substituting "6".

3 This Regulation comes into force on August 1, 1997.

------------------------------

Alberta Regulation 139/97

Rural Electrification Long Term Financing Act

Rural Electrification Loan Act

RURAL ELECTRIFICATION LOAN REGULATION

Filed: July 11, 1997

Made by the Lieutenant Governor in Council (O.C. 319/97) pursuant to

section 27 of the Rural Electrification Long Term Financing Act and

section

27 of the Rural Electrification Loan Act.

Table of Contents

Interpretation 1

Assignment of loan agreements 2

Disclosure of information 3

Interest rate prescribed 4

Forms 5

Repeals 6

Schedules

Interpretation

1 In this Regulation,

(a) "Acts" means the REL Act and the RELTF Act;

(b) "assignee" means a person to whom an assignment under

section 2

has been made and that person's successors and assigns;

(c) "Minister" means the Minister of Transportation and Utilities;

(d) "REL Act" means the Rural Electrification Loan Act;

(e) "RELTF Act" means the Rural Electrification Long Term Financing

Act.

Assignment of loan agreements

2(1) The Minister may assign

(

a) a loan agreement entered into between the Director and an

association under the RELTF Act or

Part 1 of the REL Act, and

(

b) a loan agreement entered into between the Director and a

person, other than an association, under the RELTF Act or

Part 1 of the REL

Act, and any lien note given by that person in connection with the loan.

(2) Where the Minister makes an assignment under subsection (1), the

following applies on and from the effective date stated in the assignment,

subject to the qualifications and exceptions set out in subsection (3):

(

a) all accounts receivable, proceeds, charges, rights (subrogated

and otherwise), powers and obligations in respect of the assigned loan

agreement or the assigned loan agreement and lien note, as the case may be,

that are conferred on the Crown in right of Alberta, the Director or the

Provincial Treasurer by the Act and the loan agreement or the loan

agreement and lien note, as the case may be, are vested in the assignee;

(

b) subject to receiving notice of the assignment, an association

referred to in subsection (1)(

a) that has entered into a loan agreement

with the Director shall remit or cause to be remitted to the assignee all

subsequent payments in respect of the loan agreement that it receives from

the members of the association;

(

c) subject to receiving notice of the assignment, a person

referred to in subsection (1)(

b) who has given a lien note shall remit all

subsequent payments in respect of the lien note to the assignee;

(

d) the obligation in sections 13(1) and 13.1(1) of the REL Act and

sections 8(4) and 13.1(1) of the RELTF Act to remit money to the Director

and to pay money to the Provincial Treasurer does not apply to the

subsequent payments to be remitted to the assignee;

(

e) if a lien note is executed under

section 7.1(1.1) of the REL

Act, or

section 6.1(1.1) of the RELTF Act in respect of a loan agreement

assigned under subsection (1), the beneficial interest in the lien note is

vested in the assignee.

(3) Despite the making of an assignment under subsection (1), the

following qualifications and exceptions to subsection (2) apply:

(

a) the Director retains the right to direct and instruct the power

company for the purposes of sections 7.1(1.1)(

b) and 13.1(2.1) of the REL

Act and sections 6.1(1.1)(b), 9(2) and 13.1(2.1) of the RELTF Act;

(

b) the Director retains the rights, powers and obligations

conferred or imposed on him by sections 15 to 24 of the REL Act and

sections 15 to 24 of the RELTF Act in respect of the lien until a transfer

of the lien to the assignee is registered in the appropriate land titles

office, and in carrying out those rights, powers and obligations, the

Director shall act on the instructions of the assignee, subject to the

terms of any agreement between the assignee and the Crown in right of

Alberta.

(4) Where an assignment under subsection (1) occurs, the Acts, the loan

agreements and the lien notes shall be interpreted so as to give effect to

the assignment and this Regulation.

Disclosure of information

3(1) The Director may, for purposes related to an assignment referred to

section 2, disclose to an assignee or potential assignee personal

information about a borrower under a loan agreement or a person who has

given a lien note.

(2) Subsection (1) constitutes an authorization for the purposes of

section 38(1)(

e) of the Freedom of Information and Protection of Privacy

Act.

Interest rate prescribed

4 On and from September 1, 1997 the interest rate for the purposes of

section 5(3)(

b) of the REL Act and

section 3(1)(

b) of the RELTF Act is the

prime rate of The Toronto-Dominion Bank.

Forms

5(1) The Forms set out in

Schedule 1 are the forms prescribed for the

purposes of the Rural Electrification Long Term Financing Act.

(2) The Forms set out in

Schedule 2 are the forms prescribed for the

purposes of the Rural Electrification Loan Act.

Repeals

6 The Rural Electrification Long Term Financing Regulation (AR 253/91)

and the Rural Electrification Loan Regulation (AR 254/91) are repealed.

SCHEDULE 1

RURAL ELECTRIFICATION LONG

TERM FINANCING ACT

FORM 1

Lien Note (Member)

I, of , in the Province

of Alberta, farmer, a member of the Rural Electrification

Association Limited (herein referred to as "the Association"), hereby

promise to pay to the Association, the sum of $ (hereinafter referred

to as "the principal"), together with interest thereon (or so much as shall

from time to time remain unpaid) at the rate of % per annum. The

interest on the principal shall be computed from , 19 . The

principal and accrued interest shall be repayable in monthly

instalments of $ . The first instalment is to be made 30 days

after the principal is advanced with subsequent instalments due monthly

thereafter, until the required payments have been made.

DESCRIPTION OF LAND: ¬

Section ,

Township , Range , W M.

Executed before me and certified )

by me at the )

of , ) Signature of Applicant

in the Province of Alberta, this )

day of )

19 . )

Officer of the )

Rural Electrification Association Limited. ) Signature of

Registered Owner(

s) FORM 2

Lien Note (Person)

I, of , in the Province

of Alberta, farmer, hereby promise to pay to the Crown in right of Alberta,

the sum of $ (hereinafter referred to as "the principal"),

together with interest thereon (or so much as shall from time to time

remain unpaid) at the rate of % per annum. The interest on

the principal shall be computed from , 19 . The principal

and accrued interest shall be repayable in monthly instalments of

$ . The first instalment is to be made 30 days after the principal

is advanced, with subsequent instalments due monthly thereafter, until the

required number of payments have been made.

DESCRIPTION OF LAND: ¬

Section , Township , Range , W

Dated at in the Province of )

Alberta , 19 ) Signature of

Applicant

Executed in the presence of: )

Witness ) Signature of Registered Owner(

s) AFFIDAVIT OF EXECUTION

CANADA ) I, (Name in Full)

PROVINCE OF ALBERTA ) of the (Residence)

TO WIT: ) in the Province of , Canada, (Occupation)

make oath and say:

1. I was personally present and did see (Name(s))

named in the above lien note, who (is/are) personally known to me to be the

person(

s) named therein, duly sign and execute the lien note for the purpose

named therein.

2. The lien note was executed at the of in

the

of and I am the subscribing

witness thereto.

3. I know the said (Name(s)) and (he/she/each) is in

my belief of the full age of eighteen years.

Sworn before me at )

in the Province of Alberta this )

day of 19 ) (Witness sign here)

A Commissioner for Oaths in and )

for the Province of Alberta )

Nota Bene - All affidavits sworn outside the Province of Alberta must

be sworn before a Notary Public, who must affix his seal.

FORM 3

Notice of Lien

To the Registrar

Land Registration District.

Take notice that the Rural Electrification

Association Limited (hereinafter referred to as "the Association"), of

in the Province of Alberta, or that the Crown

in right of Alberta (hereinafter referred to as "the Crown"), under the

Rural Electrification Long Term Financing Act (hereinafter referred to as

"the Act"), holds a lien note executed and made by

and, pursuant to the provisions of the Act, the Association or the Crown,

has a lien on the interest of the said person(

s) in the land described as

follows:

to the amount of the said lien note held by the Association or the Crown,

and the Registrar of Land Titles shall maintain the registration of the

notice of lien in respect of the land until the notice of lien has been

cancelled, and the lien is to secure the payment of money advanced under

the Act in part on the security of the said lien note.

Dated at Edmonton, Alberta .

Director of Rural Electrification Associations

FORM 4

Discharge of Lien

Account Number:

To the Registrar

Alberta Land Registration District.

Take notice that the lien note executed by

under the Rural Electrification Long Term Financing Act and endorsed by

memorandum on the title of the following land, namely:

¬

Section , Township , Range , W

has been discharged and therefore the memorandum is to be cancelled

forthwith.

Dated at Edmonton, Alberta .

Director of Rural Electrification Associations

Lien Registered as No.

SCHEDULE 2

RURAL ELECTRIFICATION LOAN ACT

FORM 1

Lien Note (Member)

I, of , in

the Province of Alberta, farmer, a member of the Rural

Electrification Association Limited (hereinafter referred to as "the

Association"), hereby promise to pay to the Association the sum of $

(hereinafter referred to as "the principal"), together with interest

thereon (or so much as shall from time to time remain unpaid) at the rate

of % per annum. The interest on the principal shall be computed

from , 19 . The principal shall be repayable within years

by annual instalments of $ together with the accrued

interest on the unpaid principal. The first annual instalment of principal

and accrued interest is due one year after the said principal is advanced,

with subsequent instalments due on the anniversary date thereafter, until

the required payments have been made.

DESCRIPTION OF LAND: ¬

Section ,

Township , Range , W M.

Executed before me and certified )

by me at the )

of , ) Signature of Applicant

in the Province of Alberta, this )

day of )

19 . )

Officer of the )

Rural Electrification Association Limited. ) Signature of

Registered Owner(

s) FORM 2

Lien Note (Person)

I, of , in the

Province of Alberta, farmer, hereby promise to pay to the Crown in right of

Alberta, the sum of $ (hereinafter referred to as "the

principal"), with interest thereon (or so much as shall from time to time

remain unpaid) at the rate of % per annum. Interest on the principal

shall be computed from , 19 . The principal shall be repaid

within years by annual instalments of $ together

with the accrued interest on the unpaid principal. The first instalment of

principal and accrued interest is due one year after the principal is

advanced, with subsequent instalments due on the anniversary date

thereafter, until the required payments have been made.

DESCRIPTION OF LAND: ¬

Section , Township , Range , W

Dated at in the Province of )

Alberta , 19 . ) Signature of

Applicant

Executed in the presence of: )

Witness ) Signature of Registered Owner(

s) AFFIDAVIT OF EXECUTION

CANADA ) I, (Name in Full)

PROVINCE OF ALBERTA ) of the (Residence)

TO WIT: ) in the Province of , Canada, (Occupation)

make oath and say:

1. I was personally present and did see (Name(s)) named in the

above lien note, who (is/are) personally known to me to be the person(

s) named therein, duly sign and execute the lien note for

the purpose named therein.

2. The lien note was executed at the of ,

in the

Province of Alberta and I am the subscribing witness thereto.

3. I know the said (Name(s)) and (he/she/each) is in my belief

of the full age of eighteen years.

Sworn before me at the of )

, in the Province of Alberta )

this day of 19 ) (Witness sign

here)

A Commissioner for Oaths in and )

for the Province of Alberta )

Nota Bene - All affidavits sworn outside the Province of Alberta must

be sworn before a Notary Public, who must affix his seal.

FORM 3

Notice of Lien

To the Registrar

Land Registration District.

Take notice that the Rural

Electrification Association Limited (hereinafter referred to as "the

Association"), of in the Province of

Alberta, or that the Crown in right of Alberta (hereinafter referred to as

"the Crown"), under the Rural Electrification Loan Act (hereinafter

referred to as "the Act"), holds a lien note executed and made by

and, pursuant to the provisions of the Act, the

Association or the Crown, has a lien on the interest of the said person(

s) in the land described as follows: to the

amount of the said lien note held by the Association or the Crown, and the

Registrar of Land Titles shall maintain the registration of the notice of

lien in respect of the land until the notice of lien has been cancelled,

and the lien is to secure the payment of money advanced under the Act in

part on the security of the said lien note.

Dated at Edmonton, Alberta .

Director of Rural Electrification Associations

FORM 4

Discharge of Lien

Account Number:

To the Registrar

Alberta Land Registration District.

Take notice that the lien note executed by

under the Rural Electrification Loan Act and endorsed by memorandum on the

title of the following land, namely:

¬

Section , Township , Range ,W

has been discharged and therefore the memorandum is to be cancelled

forthwith.

Dated at Edmonton, Alberta .

Director of Rural Electrification Associations

Lien Registered as No.

Document details

Collection	Alberta — Gazette
Citation	documents gazette 1997 pdf 0731 ii.pdf
Type	gazette
Volume / chapter	documents gazette 1997 pdf 0731 ii.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	48c78f10950b5df8109bb6c843ebea4ebf7afae0

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