Intake and Caseflow Management Regulation (Alta. Reg. 150/2005)

Alta. Reg. 150/2005

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 150/2005 With amendments up to and including Alberta Regulation 76/2023 Current as of April 1, 2023 FAMILY LAW ACT COURT OF JUSTICE ACT INTAKE AND CASEFLOW MANAGEMENT REGULATION

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

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 76/2023) ALBERTA REGULATION 150/2005 Family Law Act Court of Justice Act INTAKE AND CASEFLOW MANAGEMENT REGULATION Table of Contents 1

Definitions 2 Starting an application 3 Scheduling a caseflow conference 4 Caseflow conference may precede respondent’s response 5 Attendance at caseflow conference 6 Service on and attendance of director 7 Non-attendance by applicant or respondent 8 Caseflow conference 9 Adjournments 1 0 Scheduling of judicial dispute resolution conferences 1 1 Tracking applications 1 2 Collection and disclosure of information 1 3 Exemption 1 4 Forms 1 5 Impartiality 1 6 Non-confidentiality 1 7 Applicable districts and facilities 18 Repeal 1 9 Coming into force

Definitions 1 In this Regulation, (a) “application” means an application to the Court (

i) for an order under the Family Law Act respecting parenting, guardianship, contact with a child or enforcement of time with a child, or

Section 2 AR 150/2005 INTAKE AND CASEFLOW MANAGEMENT REGULATION 2 (ii) under the Extra-provincial Enforcement of Custody Orders Act respecting the enforcement or variation of a custody order or the making of a custody order; (b) “caseflow conference” means a conference that has been scheduled between a caseflow coordinator and the applicant and the respondent, and their legal counsel, if any, to explore settlement options, facilitate settlement and facilitate the applicant’s and respondent’s access to the Court; (c) “caseflow coordinator” means a coordinator of the Court’s intake and caseflow management program; (d) “Court” means the Court of Justice; (e) “director” means a person designated as a director under the Child, Youth and Family Enhancement Act; (f) “intake counsellor” m eans an employee of the Government of Alberta who is a family court counsellor.

AR 150/2005 s1;76/2023 Starting an application 2(1) Before filing an application with the clerk of the Court, an applicant who is not represented by legal counsel must consult with an intake counsellor about options and possible referrals.

(2) Before filing an application with the clerk of the Court, legal counsel for the applicant must inform the applicant of the option to

schedule a caseflow conference.

(3) A respondent who wishes to respond to an application may consult with an intake counsellor about options and possible referrals. Scheduling a caseflow conference 3(1) On filing an application, the clerk of the Court must

schedule a caseflow conference to occur prior to a Court hearing (

a) in each case where the app licant is not represented by legal counsel, and (

b) where the applicant is represented by legal counsel, if th e applicant requests it.

(2) A caseflow coordinator may waive the requirement to

schedule a caseflow conference if, in the opinion of the caseflow

Section 4 AR 150/2005 INTAKE AND CASEFLOW MANAGEMENT REGULATION 3 coordinator, it is appropriate for the application to proceed directly to a Court hearing.

(3) Where the clerk has scheduled a caseflow conference, the applicant must serve a notice of the date, time and location of the caseflow conference on the same persons who are to be served with the application to which the caseflow conference relates in the same manner as that application is to be served. Caseflow conference may precede respondent’s response 4 The caseflow conference may proceed before the respondent has filed and served a response to the application pursuant to the Court of Justice Family Law Procedure Regulation.

AR 150/2005 s4;76/2023 Attendance at caseflow conference 5(1) The applicant and the respondent must attend the caseflow conference and may attend with or without legal counsel.

(2) Any other person served under

section 3(3) may attend the caseflow conference or portions that are relevant to that person.

(3) In addition to the persons served under

section 3(3), the following may attend the caseflow conference: (

a) legal counsel; (

b) intake counsellor; (

c) any other person at the discretion of the caseflow coordinator. Service on and attendance of director 6(1) Where the application relates to a child who is in the custody or comes under the custody of a director, the applicant must serve the director with notice of the date, time and location of the caseflow conference.

(2) A director served under subsection (1) is not required to attend the caseflow conference but may make submissions in writing or otherwise to the caseflow coordinator. Non-attendance by applicant or respondent 7(1) Where a caseflow conference has been scheduled and the applicant does not attend, the caseflow coordinator must notify the

Section 8 AR 150/2005 INTAKE AND CASEFLOW MANAGEMENT REGULATION 4 clerk of the Court that the applicant did not attend and the application may be recorded as having been abandoned.

(2) Where a caseflow conference has been scheduled and a respondent who has been served under

section 3(3) does not attend, (

a) the caseflow coordinator (

i) must notify the clerk of t he Court that the respondent did not attend, (ii) must inform the clerk of the Court whether the respondent indicated in writing agreement or disagreement with the order or orders applied for, and (iii) may arrange for the prepar ation of a form of order for the Court’s consideration or arrange for the applicant to proceed directly to a Court hearing without further notice to the respondent, a n d (

b) the Court may make an order without further notice to the respondent. Caseflow conference 8(1) When a caseflow conference proceeds with the applicant and respondent in attendance, the caseflow coordinator must offer to assist them to explore options and review documentation required for the application to proceed and inform them of the process to be followed.

(2) Where the issues are resolved, the caseflow coordinator may arrange for the preparation of a form of consent order and forward it to the Court for its decision.

(3) Where the issues are not resolved, the caseflow coordinator (

a) may, with the consent of the applicant and respondent, refer them to mediation, to an intake counsellor or to other agencies, as appropriate, or (

b) may assist the applicant and respondent to consider their options, including judicial dispute resolution and a Court hearing.

(4) Where the issues are not resolved and the applicant and respondent do not agree on subsequent proceedings, the caseflow coordinator shall refer them to a Court hearing.

Section 9 AR 150/2005 INTAKE AND CASEFLOW MANAGEMENT REGULATION 5 Adjournments 9(1) Where a caseflow conference has been scheduled, the caseflow coordinator may adjourn it to another time and place or indefinitely.

(2) The caseflow coordinator may request that the clerk of the Court adjourn a hearing to another time and place or indefinitely (

a) if the applicant consents to the adjournment and the respondent has not been served with notice of the Court hearing, or (

b) if the respondent has been served with notice of the Court hearing, and the applicant and the respondent consent to the adjournment. Scheduling of judicial dispute resolution conferences 10 The caseflow coordinator may

schedule a judicial dispute resolution conference when the caseflow coordinator considers it appropriate and if the applicant and the respondent consent. Tracking applications 11 The caseflow coordinator must monitor the progress of an application through the proceedings referred to in this Regulation. Collection and disclosure of information 12(1) The caseflow coordinator may collect the following information for the purpose of evaluation respecting this Regulation: (

a) demographic information contained in the application or in a court document relating to the application; (

b) contact information for the applicant and the respondent and their legal counsel, if any.

(2) Information collected under this

section may be disclosed in a

summary or statistical form. Exemption 13(1) Notwithstanding anything in this Regulation, the applicant or the respondent may apply to the Court, on giving at least 2 days’ notice to the other party, for an order exempting the applicant or respondent from the requirement to comply with all or part of this Regulation, and the Court may exempt the applicant or respondent if the Court considers that there is good and sufficient reason to do so.

Section 14 AR 150/2005 INTAKE AND CASEFLOW MANAGEMENT REGULATION 6

(2) The Court may waive the requirement to give at least 2 days’ notice. Forms 14 All documents filed under this Regulation must be in a form satisfactory to the Court. Impartiality 15(1) A caseflow coordinator must act impartially.

(2) Neither the applicant nor the respondent may call the caseflow coordinator as a witness to testify on that person’s behalf in any proceedings before the Court respecting the caseflow conference. Non-confidentiality 16 A caseflow conference is not confidential. Applicable districts and facilities 17 This Regulation applies in respect of a judicial district or a Court facility only if the Chief Justice of the Court has designated that district or facility for the purposes of this Regulation. AR 150/2005 s17;76/2023 Repeal 18 The Intake and Caseflow Management Rules (AR 163/2001) are repealed.

Coming into force 19 This Regulation comes into force on the date the Family Law Act is proclaimed in force.

Printed on Recycled Paper *9780779842087*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 150/2005
Type	regulation
Volume / chapter	2005 150
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	86fff2557c0328515e1d17d9873a35ba410fb237

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