Crown's Right of Recovery Regulation (Alta. Reg. 87/2012)

Alta. Reg. 87/2012

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 87/2012 With amendments up to and including Alberta Regulation 158/2025 Current as of June 25, 2025 CROWN’S RIGHT OF RECOVERY ACT CROWN’S RIGHT OF RECOVERY 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 87/2012 Crown’s Right of Recovery Act CROWN’S RIGHT OF RECOVERY REGULATION Table of Contents 1 Definition 2 Term in Act defined 3 Health services prescribed 4 Application 5 Exception to Crown ’s right of recovery 6 Calculation of pre-judgment interest 7 Aggregate assessment 8 Payments to legal counsel 9 Payments to others 11 Repeal 12 Coming into force Definition 1 In this Regulation, “Act” means the Crown’s Right of Recovery Act. Term in Act defined 2 In the Act and the regulations under the Act, “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for the Act. Health services prescribed 3 The following goods and services are prescribed to be health services for the purposes of Parts 1 and 2 of the Act: (

a) a physical t herapy service; (

b) an extended health benefit provided under the Alberta Aids to Daily Living and Extended Health Benefits Regulation (AR 236/85); (

c) a health aid provided under the Alberta Aids to Daily Living and Extended Health Benefits Regulation (AR 236/85);

Section 4 AR 87/2012 CROWN’S RIGHT OF RECOVERY REGULATION 2 (

d) a home and community care service provided under the Continuing Care Act. AR 87/2012 s3;22/2024 Application 4 Sections 5 to 9 of this Regulation apply only in respect of

Part 1 of the Act. Exception to Crown’s right of recovery 5(1) Where a wrongdoer is the spouse or adult interdependent partner of or a relative of a recipient, the Crown may not pursue its right under Division 1 or 4 of

Part 1 of the Act to recover from that wrongdoer the Crown’s cost of health services that have been received by or provided to the recipient, or that will likely be received by or provided to the recipient in the future, for the personal injuries suffered as a result of the wrongful act or omission of that wrongdoer unless the recipient (

a) commences an action agains t that wrongdoer based on the wrongful act or omission, or (

b) enters into a settlement with that wrongdoer based on the wrongful act or omission.

(2) Nothing in this

section affects the Crown’s right of recovery with respect to any other wrongdoer whose wrongful act or omission resulted in personal injuries to the recipient.

(3) In this section, “relative” means an individual who is related to the recipient by blood, marriage or adoption or by virtue of an adult interdependent relationship. Calculation of pre-judgment interest 6(1) For the purposes of

section 6 of the Act, the interest to be awarded is the sum of (

a) the amounts of interest calculated under subsection (2) fo r each full calendar month after the Crown’s right of recovery arises, up to the month in which the judgment is granted, and (

b) the amount of interest calculated under subsection (3) for the month in which the judgment is granted.

(2) The amount of interest for a month, other than the month in which the judgment is granted, is calculated in accordance with the following formula:

Section 7 AR 87/2012 CROWN’S RIGHT OF RECOVERY REGULATION 3 A x B x 1/12

(3) The amount of interest for the month in which the judgment is granted is calculated in accordance with the following formula: A x B x C 365

(4) The variables for the formulas in subsections (2) and (3) are as follows: A is the total of the Crown’s c ost of health services that have been provided to the recipient prior to the month; B is the rate of interest for pecuniary damages that is established under

Part 1 of the Judgment Interest Act for the year in which the month occurs; C is the number of the days in the month up to and including the day the judgment is granted. Aggregate assessment 7 The Minister shall, in the manner determined by the Minister, establish the aggregate assessment for a calendar year by making the estimate referred to in

section 22(2) of the Act based on (

a) any report to the Minister under

section 23(2) of the Act, and (

b) any of the following that th e Minister considers should be taken into account: (

i) information prepared by the Department of Hospital and Surgical Health Services or the Department of Primary and Preventative Health Services; (ii) information received or obtained from any person; (iii) actuarial reports. AR 87/2012 s7;158/2025 Payments to legal counsel 8(1) The maximum amounts payable to legal counsel who act for the recipient and for the Crown in a claim that is based on the Crown’s right of recovery are (a) 15% of the first $20 000 that is payable to the Crown under a judgment or settlement, excluding reasonable disbursements, and 10% on the remainder of the amount

Section 9 AR 87/2012 CROWN’S RIGHT OF RECOVERY REGULATION 4 payable to the Crown, excluding reasonable disbursements, and (

b) reasonable disbursements d irectly related to the Crown’s claim.

(2) The amounts payable to legal counsel who act only for the Crown in a claim that is based on the Crown’s right of recovery are the reasonable fees, costs and disbursements payable under an agreement entered into by the Director and the legal counsel.

(3) If the act or omission of a wrongdoer that gives rise to the Crown’s right of recovery occurs in a jurisdiction outside Alberta and legal counsel from that jurisdiction is hired to act for the Crown, the amounts payable to the legal counsel are the fees, costs and disbursements that are reasonable in that jurisdiction and that are payable under an agreement entered into by the Director and the legal counsel.

Payments to others 9 The amounts payable to physicians, private investigators, experts and others hired by the Crown for the purposes of the Crown’s right of recovery are the amounts approved by the Director. 10 Repealed AR 20/2017 s2. Repeal 11 The Crown’s Right of Recovery Regulation (AR 163/96) is repealed. Coming into force 12 This Regulation comes into force on the coming into force of

section 40(1) of the Crown’s Right of Recovery Act.

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 87/2012
Type	regulation
Volume / chapter	2012 087
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	9dbff41226000a623e9c11519657f8cc3249497a

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