Child and Adult Support Services Regulation (Alta. Reg. 61/2004)

Alta. Reg. 61/2004

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 61/2004 With amendments up to and including Alberta Regulation 158/2025 Current as of June 25, 2025 INCOME AND EMPLOYMENT SUPPORTS ACT CHILD AND ADULT SUPPORT SERVICES REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 158/2025) ALBERTA REGULATION 61/2004 Income and Employment Supports Act CHILD AND ADULT SUPPORT SERVICES REGULATION Table of Contents 1 Assistance 2 Notices 3 When rights may be exercised under

section 29 4 Acting under

section 30 5 Additional steps 6 C o s t s 9 Coming into force Assistance 1 The Social Development Act is specified as an enactment for the purposes of

section 28(

a) of the Act. Notices 2(1) When the Director exercises an authority under

section 29(3) of the Act, except under clauses (

f) and (g), the Director must provide notice in any manner, including orally, that in the opinion of the Director is likely to bring the matter to the attention of the person who is or may be entitled to support.

(2) Notice for the purpose of

section 29(3)(

f) of the Act must be in writing.

(3) Notice is not required for the purpose of

section 29(3)(

g) of the Act.

(4) Where a notice under this

section is made in writing, the notice may be sent by ordinary mail to the last known address of the person according to the records of the Department of Assisted Living and Social Services. AR 61/2004 s2;35/2007;68/2008;31/2012;216/2022; 158/2025 When rights may be exercised under

section 29 3(1)

Section 29(6)(

a) of the Act does not prevent a person in receipt of assistance from

Section 4 AR 61/2004 CHILD AND ADULT SUPPORT SERVICES REGULATION 2 (

a) initiating or r esponding to a proceeding under the Divorce Act (Canada), or (

b) initiating or responding to an application for variation f or arrears owing to the person for any period during which the person was not in receipt of assistance, but if the proceeding or application involves the person taking steps referred to in

section 29(3) of the Act, the person must notify the Director within 2 days of initiating or receiving notice of the proceeding or application.

(2) A person who (

a) has taken steps referred to in

section 29(3) of the Act and subsequently becomes in receipt of assistance, or (

b) is in receipt of assistance may, on notification to the Director, on receipt of the consent of the Director and subject to any conditions imposed by the Director, continue or initiate any steps referred to in

section 29(3) of the Act.

(3) Where a person has initiated or responded to an application or proceeding referred to in subsection (1)(

a) and for that purpose the person is taking any of the steps referred to in

section 29(3) of the Act, the Director may, at any time, exercise any authority under

section 29(3) of the Act.

(4) The Director may, at any time, (

a) despite subsection (2), exercise any authority under

section 29(3) of the Act, or (

b) withdraw his or her consent given under subsection (2). Acting under

section 30 4(1) In this section, “suitable case” means that, in the opinion of the Director, after having completed an assessment of information made available to the Director by the applicant, the provision of service is appropriate.

(2) Subject to subsection (3), the Director may act under

section 30 of the Act with respect to a person not receiving assistance under the Act only if, in the opinion of the Director, (

a) the person has insufficient financial resources to enable the person to make an application for determination of paternity or support or both, and (

b) the matter is a suitable case.

Section 5 AR 61/2004 CHILD AND ADULT SUPPORT SERVICES REGULATION 3

(3) If the Director (

a) has acted under

section 29 of the Act with respect to a person, or (

b) has acted with respect to a person who had previously qualified under subsection (2) and the Director is no longer doing so, the Director may take such action under

section 30 as is necessary for the efficient transfer of the control of the matter to the person or that person’s legal counsel, including the transfer of information that has been collected for the conduct of the matter. AR 61/2004 s4;126/2006 Additional steps 5(1) For the purposes of sections 29(3)(

i) and 30(1)(

e) of the Act, the Director may take, but is not limited to, the following steps: (

a) undertake investigations or otherwise make inquiries in order to (

i) determine the whereabouts of a person who is or may be responsible to pay support, or (ii) acquire information about a person who is or may be responsible to pay support that is necessary to obtain or enforce support orders or agreements and during the course of the investigation or inquiries, disclose only such information as is necessary to identify the person who may be responsible for support; (

b) give each party informatio n that is necessary to take action under sections 29 and 30; (

c) refer persons to specified DNA testers for the purpose of determining parentage; (

d) for the purposes of sections 29 and 30 of the Act, appear and make representations in court.

(2) The Director may collect and use the information obtained under subsection (1) to the extent necessary to act under sections 29(3)(

i) and 30(1)(e). Costs 6 Costs against the Crown in right of Alberta with respect to proceedings under

Part 5 of the Act are limited to the reimbursement of DNA testing costs paid by a respondent when

Section 9 AR 61/2004 CHILD AND ADULT SUPPORT SERVICES REGULATION 4 (

a) the results of the testing determine that the respondent is not the person responsible for child support, and (

b) the respondent has requested reimbursement. AR 61/2004 s6;128/2007 7 Repealed AR 34/2010 s2. 8 Repealed AR 230/2017 s1. Coming into force 9 This Regulation comes into force on April 1, 2004.

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 61/2004
Type	regulation
Volume / chapter	2004 061
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	680d4075809716218f665e21092c4a943a4ded1a

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