Alberta Regulation 95/2020

Employment Standards Code

EMPLOYMENT STANDARDS (COVID-19 LEAVE)

AMENDMENT REGULATION

Filed: June 17, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 181/2020)

on June 17, 2020 pursuant to

section 138 of the Employment Standards Code.

1 The Employment Standards (COVID-19 Leave)

Regulation (AR 29/2020) is amended by this Regulation.

2 The following is added after

section 4:

Variance and exemption re family leave

4.1(1) This

section applies in substitution for

section 53.982 of the

Act with respect to an employee who has family responsibilities

referred to in subsection (2).

(2) An employee is entitled to unpaid leave for the period of time

that is necessary to meet the employee's family responsibilities in

relation to

(

a) a family member who is under quarantine as a result of

COVID-19, or

(

b) a child who is unable to attend school or child care services

as a result of any recommendations or directions of the Chief

Medical Officer with respect to COVID-19.

(3) Before taking a leave under this section, the employee must give

the employer as much notice as is reasonable and practicable in the

circumstances.

(4) If the employer requests, an employee who takes a leave under

this

section must provide the employer with reasonable verification

of the employee's entitlement to the leave as soon as is reasonable

and practicable in the circumstances.

(5) For the purposes of subsection (4), an employee is not required

to provide a medical certificate as verification of the employee's

entitlement to the leave.

(6) This

section is repealed on August 14, 2021.

3 This Regulation has effect on August 15, 2020.

Alberta Regulation 96/2020

Employment Pension Plans Act

EMPLOYMENT PENSION PLANS

AMENDMENT REGULATION

Filed: June 24, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 190/2020)

on June 24, 2020 pursuant to

section 159 of the Employment Pension Plans Act.

1 The Employment Pension Plans Regulation

(AR 154/2014) is amended by this Regulation.

2 The following is added after

section 10.1:

Funding requirements exemption for 2020

10.2(1) The Superintendent may, on the application of an

administrator of a plan of which the plan text document contains a

benefit formula provision, exempt in writing the plan from the

funding requirements of

section 60(2)(

b) and (

c) and 61(2)(

b) and

(c), as applicable, for such period as the Superintendent may

determine, which may begin no earlier than the day this

section

comes into force and end no later than December 31, 2020.

(2) An administrator may apply to the Superintendent to rescind an

exemption under subsection (1) at any time.

(3) An application under subsection (1) or (2) must be in writing,

must be made no later than December 31, 2020 and must include any

documentation or information required by the Superintendent.

(4) The Superintendent may, pursuant to

section 6 of the Act,

impose any other terms or conditions on granting the exemption that

may be considered appropriate to ensure compliance.

Actuarial excess use exemption for 2020

10.3(1) The Superintendent may, on the application of an

administrator of a plan that is not a divisional multi-employer plan,

of which the plan text document contains a defined benefit provision,

exempt in writing the plan from the limitation in

section 75(4)(

a) on

the use of actuarial excess to reduce or eliminate contributions for an

applicable fiscal year and permit instead that not more than 40% of

the plan's accessible going concern excess may be used to reduce or

eliminate contributions in that fiscal year.

(2) The Superintendent may, on the application of an administrator

of a divisional multi-employer plan, of which the plan text document

contains a defined benefit provision, exempt in writing a

participating employer from the limitation in

section 75(4)(

b) on the

use of actuarial excess to reduce or eliminate contributions for an

applicable fiscal year and permit instead that not more than 40% of

the participating employer's accessible going concern excess may be

used to reduce or eliminate contributions in that fiscal year.

(3) An authorization referred to in subsection (1) or (2) may only

apply to a single fiscal year ending no later than December 30, 2021.

(4) An application under subsection (1) or (2) must be in writing,

must be made no later than December 31, 2020 and must include any

documentation or information required by the Superintendent.

(5) The Superintendent may, pursuant to

section 6 of the Act,

impose any other terms or conditions on granting the exemption that

may be considered appropriate to ensure compliance.

3 The following is added after

section 156:

Electronic communications

156.1(1) Subject to

section 156 of the Act, a statement, notice,

document or other record or information required or permitted by the

Act or this Regulation to be provided, sent, delivered or filed may be

provided, sent, delivered or filed by electronic means in accordance

with the Electronic Transactions Act.

(2) For greater certainty, subsection (1) does not apply to the

designation of a designated beneficiary.

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Alberta Regulation 97/2020

Protecting Survivors of Human Trafficking Act

PROTECTING SURVIVORS OF

HUMAN TRAFFICKING REGULATION

Filed: June 26, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 192/2020)

on June 26 2020 pursuant to

section 20 of the Protecting Survivors of Human

Trafficking Act.

Table of Contents

Definitions

2 Designated persons applying for order

3 Designated persons applying for warrant permitting entry

4 Commencement of application

5 Forms

6 Application to restrict publication, etc.

7 Evidence at hearing

8 Copies of order

9 Service of order

10 Filing and service of applications

11 Substitutional service

12 Proof of service

13 Court practice and procedure

14 Appeals

15 Fees

16 Coming into force

Schedule

Definitions

1 In this Regulation,

(a) "Act" means the Protecting Survivors of Human Trafficking

Act;

(b) "judge" means a judge of the Provincial Court or a justice of

the peace;

(c) "order" means a human trafficking protection order as

defined in the Act.

Designated persons applying for order

2 The following are designated persons for the purpose of applying

for an order under

section 2(1)(

e) of the Act:

(

a) a person authorized by a police service;

(

b) a person or a member of a category of persons authorized by

the Minister.

Designated persons applying for warrant permitting entry

3(1) For the purposes of

section 7(1)(

a) of the Act, a person or a

member of a category of persons authorized by the Minister is

designated as a person who may apply for a warrant permitting entry.

(2) An application by a person designated in subsection (1) may be

made in person or, at the judge's discretion, by telecommunication or

videoconference.

Commencement of application

4(1) An application under the Act is commenced by completing and

filing the relevant form with the clerk of the court before the court

hears the application.

(2) Notwithstanding subsection (1), the court may hear an application

before the relevant form is filed with the clerk of the court.

Forms

5 The forms set out in the

Schedule must be used in any application

to the court under the Act.

Application to restrict publication, etc.

6 An application for an order may include an application under

section 10(2) of the Act for an order restricting publication, broadcast

or transmission of information that could identify the victim or any

witness in an application.

Evidence at hearing

7(1) At the hearing of an application for an order, a judge must

(

a) take the evidence under oath or affirmation, as the case may

be, in accordance with the Alberta Evidence Act, and

(

b) ensure that a record of the evidence of each person is made

(

i) in legible writing in the form of notes made by the judge

or a statement of the person giving the evidence, or

(ii) by a sound recording of the proceedings.

(2) For the purposes of subsection (1), an oath or affirmation may be

administered by telecommunication or videoconference.

(3) Where the victim or any witness in an application under the Act is

required to give oral testimony, a judge may direct that the victim or

witness testify outside the courtroom or behind a screen or other device

that would allow the victim or witness not to see the respondent if the

judge is satisfied that the direction would facilitate the giving of a full

and candid account of the evidence by the victim or witness or that it is

necessary for the proper administration of justice.

Copies of order

8 When granting an order, the judge must complete the original order

and, for the purposes of sections 9 and 12(2), must

(

a) ensure 3 copies are made, or

(

b) if the application for an order is made by telecommunication

or videoconference by a person referred to in

section 2(1)(c),

(

d) or (

e) of the Act, direct that person to complete 3 copies

of the order containing the same information and provisions

as the original order.

Service of order

9(1) A copy of an order must be served on the respondent as soon as

reasonably possible by a police officer or by any other person that the

judge directs by leaving it with the respondent.

(2) Where a person applies for an order under

section 2(1)(c), (

d) or

(

e) of the Act, that person must provide a copy of the order to the

victim.

Filing and service of applications

10(1) Unless the court otherwise directs, an application under

section

5(2), 8(1), 9(1), 10(2) or 11(4) of the Act must be filed and a copy of

the application must be served on the respondent or victim, as the case

may be, by leaving a copy of the application with the individual being

served at least 7 days before the date the application is scheduled to be

heard.

(2) Service of an application under subsection (1) must be made by a

person other than the respondent or victim.

(3) Despite subsections (1) and (2), an application under subsection

(1) is not required to be served on the respondent if

(

a) the application is made under

section 10(2) or 11(4) of the

Act in conjunction with an application for an order, or

(

b) the court is satisfied that

(

i) no notice is necessary, or

(ii) serving the application might cause undue prejudice to

the victim or expose the victim to a risk of harm.

Substitutional service

11(1) If it is impractical for any reason to personally serve an order in

accordance with

section 9(1) or an application in accordance with

section 10(1), the following persons may apply to a judge, in person,

by telecommunication or videoconference, for an order for

substitutional service:

(

a) in the case of service of an order, a person referred to in

section 2(1)(c), (

d) or (

e) of the Act;

(

b) in the case of service of an application, the person making the

application.

(2) An application for substitutional service is to be supported by

evidence setting out why personal service is impractical and by

proposing a method of service that is likely to bring notice of the

document to the respondent.

(3) In making a substitutional service order, the judge must direct, on

any terms that the judge considers appropriate, any one or more of the

following methods of substitutional service that the judge is satisfied is

likely to bring notice of the document to the respondent:

(

a) serving a member of the respondent's family or another

person who is able to bring the document to the respondent's

attention;

(

b) serving a person with whom the respondent is residing or

leaving the document at the place where the respondent is

residing;

(

c) posting the document in a public place;

(

d) publishing the document in a newspaper;

(

e) sending the document by electronic mail to the respondent's

email address;

(

f) any other method the judge considers appropriate.

Proof of service

12(1) Service of a document may be proved by the oral testimony or

affidavit of the person who served it.

(2) A police officer or any other person who serves an order on a

respondent must as soon as reasonably possible after service forward

the completed affidavit of service with a copy of the order attached as

an exhibit to the clerk of the court at the location where the order was

granted.

Court practice and procedure

13(1) In any matter not provided for in the Act or this Regulation, the

practice and procedure of the court may be regulated by analogy to the

Alberta Rules of Court (AR 124/2010) and the procedures of the Court

of Queen's Bench.

(2) The court may give directions respecting any practice or procedure

in the court or when hearing an application under the Act.

(3) The court may, on its own or on application,

(

a) vary a rule of practice or procedure,

(

b) refuse to apply a rule of practice or procedure, or

(

c) direct that some other procedure be followed.

(4) The court may extend or shorten a time period specified in this

Regulation.

(5) No proceeding shall be defeated on the ground of an alleged defect

of form.

Appeals

14 An appeal under

section 12(1) or (3) of the Act must be made in

accordance with the Alberta Rules of Court (AR 124/2010).

Fees

15 Fees are payable under

section 1(

g) of the Provincial Court Fees

Regulation (AR 18/1991) and in accordance with

Schedule B, Division

4 of the Alberta Rules of Court (AR 124/2010) for the following:

(

a) transcripts or copies of transcripts of court proceedings;

(

b) appeal records or copies of appeal records.

Coming into force

16 This Regulation has effect on the coming into force of

Part 2 of

the Act.

Schedule

Form 1

[Section 2(1) of the Act]

Application for a

Human Trafficking Protection Order

Form 2

[Sections 3 and 20(

c) of the Act]

Human Trafficking Protection Order

Form 3

[Section 7 of the Act]

Information to Obtain a

Warrant Permitting Entry

Form 4

[Section 7 of the Act]

Warrant Permitting Entry

Form 5

[Sections 5(2), 8(1), 9(1), 10(2) and 11(4) of the Act]

Application to Extend, Set Aside or Vary a

Human Trafficking Protection Order

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Alberta Regulation 98/2020

Victims of Crime and Public Safety Act

VICTIMS OF CRIME AND PUBLIC SAFETY

AMENDMENT REGULATION

Filed: June 26, 2020

For information only: Made by the Lieutenant Governor in Council (O.C. 193/2020)

on June 26, 2020 pursuant to sections 17 and 24 of the Victims of Crime and Public

Safety Act.

1 The Victims of Crime Regulation (AR 63/2004) is

amended by this Regulation.

2 The title of the Regulation is repealed and the following

is substituted:

VICTIMS OF CRIME AND PUBLIC SAFETY REGULATION

Section 1 is amended

(

a) in clause (

a) by striking out "Victims of Crime Act" and

substituting "Victims of Crime and Public Safety Act";

(

b) in clause (

b) by striking out "Victims of Crime

Programs Committee" and substituting "Victims of

Crime and Public Safety Programs Committee";

(

c) in clause (

f) by striking out "Victims of Crime Fund"

and substituting "Victims of Crime and Public Safety

Fund";

(

d) by adding the following after clause (g):

(h) "supplemental benefit" means a supplemental financial

benefit for victims who suffer a severe neurological

injury referred to in sections 8(6.1) to (6.8) and (8).

Section 3 is amended

(

a) by repealing subsection (1) and substituting the

following:

Financial benefits, application and reconsiderations

3(1) An application for a supplemental benefit pursuant to

section 12 of the Act must be made in writing in a form

approved by the Director.

(

b) in subsections (2) to (4) by striking out "for financial

benefits", wherever it appears;

(

c) in subsections (5) and (6) by adding "referred to in

section 20(1) of the Act" after "If an applicant".

Section 10 is amended

(

a) in subsection (1) by adding "under

section 14(1) of the

Act" after "A request for review to the Review Board";

(

b) by repealing subsection (2).

Section 13 is repealed and the following is substituted:

Fund payment request

13 The Minister may request that payment from the Fund be

made for any purpose specified in

section 10 of the Act.

Section 14(1) is repealed and the following is

substituted:

Application for grant

14(1) A person may apply in a form acceptable to the Minister for

a grant respecting the following:

(

a) a program or initiative that benefits victims of crime or

promotes public safety;

(

b) a program that consists of services that benefit victims

or a class or classes of victims during their involvement

with the criminal justice process.

8 The heading to

Part 4 is amended by striking out

"Transitional,".

Section 19 is repealed.

Section 21 is amended by striking out "June 1, 2020" and

substituting "June 1, 2025".

Schedule 1 is amended in

section 1 by repealing the

following:

Murder in commission of

offences

Schedule 2 is amended in

section 1

(

a) by repealing the following:

Keeping a

bawdy-house

Transporting person to

bawdy-house

(

b) by repealing item number 51 and substituting the

following:

Offence in relation to offering,

providing or obtaining sexual

services for consideration

Consequential Amendments

13(1) The Co-ordinated Home Care Program Regulation

(AR 296/2003) is amended by this section.

(2) Section 7(

f) is repealed and the following is substituted:

(

f) the Victims of Crime and Public Safety Act, or

14(1) The Designation and Transfer of Responsibility

Regulation (AR 44/2019) is amended by this section.

(2) Section 14(1)(mmmm) is repealed and the following is

substituted:

(mmmm) the Victims of Crime and Public Safety Act,

15(1) The Electronic Transactions Act Designation

Regulation (AR 35/2003) is amended by this section.

(2) The

Schedule is amended by striking out "Victims of

Crime Programs Committee" and substituting "Victims of Crime

and Public Safety Programs Committee".

16(1) The Freedom of Information and Protection of Privacy

Regulation (AR 186/2008) is amended by this section.

(2) Schedule 1 is amended by striking out "Victims of Crime

Programs Committee" and substituting "Victims of Crime and

Public Safety Programs Committee".

17(1) The Income Support, Training and Health Benefits

Regulation (AR 122/2011) is amended by this section.

(2) In

Schedule 2,

section 1(1)(

n) is amended by striking out

"Victims of Crime Act" and substituting "Victims of Crime and

Public Safety Act".

18(1) The Lobbyists Act General Regulation (AR 247/2009)

is amended by this section.

(2) Schedule 1 is amended by striking out "Victims of Crime

Program Committee" and substituting "Victims of Crime and

Public Safety Programs Committee".

19(1) The Minors' Property Regulation (AR 240/2004) is

amended by this section.

(2) Section 2(2)(

a) is amended by striking out "Victims of Crime

Act" and substituting "Victims of Crime and Public Safety Act".

20(1) The Youth Justice Designation Regulation

(AR 322/2009) is amended by this section.

(2) Section 10(2) is amended by striking out "Victims of Crime Act"

and substituting "Victims of Crime and Public Safety Act".

21 This regulation has effect on the coming into force of

the Victims of Crime Amendment Act, 2020.