Alberta Regulation 211/2009

Livestock Identification and Commerce Act

LIVESTOCK MARKET AND LIVESTOCK ASSEMBLING STATION

OPERATOR'S LICENCE AMENDMENT REGULATION

Filed: July 20, 2009

For information only: Made by the Minister of Agriculture and Rural Development

(M.O. 17/2009) on July 14, 2009 pursuant to

section 92(

k) of the Livestock

Identification and Commerce Act.

1 The Livestock Market and Livestock Assembling Station

Operator's Licence Regulation (AR 110/2009) is amended by

this Regulation.

Section 4 is amended

(

a) in subsection (1)

(

i) by renumbering clause (

i) as clause (a);

(ii) by renumbering clause (ii) as clause (

b) and in

clause (

b) by striking out "$100.00" and

substituting "$20";

(

b) in subsection (2)

(

i) by renumbering clause (

i) as clause (a);

(ii) by renumbering clause (ii) as clause (

b) and in

clause (

b) by striking out "$100.00" and

substituting "$20".

Schedule 1 is amended by striking out "$100.00" and

substituting "$20".

Schedule 2 is amended by striking out "$100.00" and

substituting "$20".

Alberta Regulation 212/2009

Marketing of Agricultural Products Act

ALFALFA SEED COMMISSION AUTHORIZATION REGULATION

Filed: July 20, 2009

For information only: Made by the Alberta Agricultural Products Marketing Council

on June 26, 2009 pursuant to

section 26 of the Marketing of Agricultural Products Act

and approved by the Minister of Agriculture and Rural Development on July 14, 2009

pursuant to

section 26 of the Marketing of Agricultural Products Act.

Definitions

1(1) In this Regulation,

(a) "Act" means the Marketing of Agricultural Products Act;

(b) "Commission" means the Alfalfa Seed Commission

established under the Plan;

(c) "Plan" means the Alfalfa Seed Plan Regulation.

(2) Words defined in the Act or the Plan have the same meaning when

used in this Regulation.

Regulations made under

section 26 of the Act

2 For the purposes of enabling the Commission to operate the Plan,

the Commission is hereby authorized under

section 26 of the Act to

make regulations

(

a) requiring any person who produces, markets or processes the

regulated product to furnish to the Commission any

information or record relating to the production, marketing or

processing of the regulated product that the Commission

considers necessary;

(

b) requiring persons other than producers to be licensed under

the Plan before they become engaged in the marketing and

processing, or either of those functions, of the regulated

product;

(

c) governing the issuance, suspension or cancellation of a

licence issued under the Plan;

(

d) providing for

(

i) the assessment, charging and collection of service

charges from producers from time to time for the

purposes of the Plan, and

(ii) the taking of legal action to enforce payment of the

service charges;

(

e) providing for the refund of service charges;

(

f) requiring any person who receives the regulated product from

a producer

(

i) to deduct from the money payable to the producer any

service charges payable by the producer to the

Commission, and

(ii) to forward the amount deducted to the Commission;

(

g) providing for the use of any class of service charges or other

money payable to or received by the Commission for the

purpose of paying its expenses and administering the Plan

and the regulations made by the Commission.

Expiry

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

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

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

Regulation expires on July 31, 2014.

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

Alberta Regulation 213/2009

Apprenticeship and Industry Training Act

COMMUNICATION TECHNICIAN TRADE AMENDMENT REGULATION

Filed: July 21, 2009

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on June 19, 2009 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Advanced Education and Technology

on July 14, 2009 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act

1 The Communication Technician Trade Regulation

(AR 312/2002) is amended by this Regulation.

Section 9 is amended by striking out "March 31, 2010" and

substituting "March 31, 2014".

Alberta Regulation 214/2009

Apprenticeship and Industry Training Act

GAS UTILITY OPERATOR OCCUPATION AMENDMENT REGULATION

Filed: July 21, 2009

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on June 19, 2009 pursuant to

section 37(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Advanced Education and Technology

on July 14, 2009 pursuant to

section 37(2) of the Apprenticeship and Industry

Training Act

1 The Gas Utility Operator Occupation Regulation

(AR 278/2000) is amended by this Regulation.

Section 5 is amended by striking out "March 31, 2010" and

substituting "March 31, 2015".

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

Alberta Regulation 215/2009

Apprenticeship and Industry Training Act

MILLWRIGHT TRADE AMENDMENT REGULATION

Filed: July 21, 2009

For information only: Made by the Alberta Apprenticeship and Industry Training

Board on June 19, 2009 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act and approved by the Minister of Advanced Education and Technology

on July 14, 2009 pursuant to

section 33(2) of the Apprenticeship and Industry

Training Act

1 The Millwright Trade Regulation (AR 290/2000) is

amended by this Regulation.

Section 1(

c) is amended

(

a) by striking out "includes:" and substituting "includes";

(

b) by adding the following after subclause (xvi):

(xvii) power generators;

Section 3 is amended

(

a) in clause (

c) by striking out "correcting" and

substituting "connecting";

(

b) in clause (

f) by striking out "within a decimal place of a

millimetre tolerance when assembling and fitting" and

substituting "measure, assemble and fit".

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

Alberta Regulation 216/2009

Teachers' Pension Plans Act

TEACHERS' AND PRIVATE SCHOOL TEACHERS' PENSION

PLAN (PRE-1992 UNFUNDED LIABILITY, 2009)

AMENDMENT REGULATION

Filed: July 22, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 411/2009)

on July 21, 2009 pursuant to

section 14 of the Teachers' Pension Plans Act.

1 The Teachers' and Private School Teachers' Pension

Plans (AR 203/95) are amended by this Regulation.

Section 4 is repealed.

Schedule 1 is amended by sections 4 to 6.

Section 1(1) is amended

(

a) in clause (

f) by adding "as that

section existed prior to

September 1, 2009" after "Act";

(

b) in clause (

m) by striking out ", including additional

contributions,";

(

c) in clause (q)(iii) by striking out "paid under

section 12".

Section 14 is amended by striking out ", 11 and 12" and

substituting "and 11".

Section 1 of Subschedule 2 is amended

(

a) in clause (

d) by striking out ", contributions under

section 11 of this

Schedule and additional contributions made

by the member" and substituting "and contributions under

section 11 of this Schedule";

(

b) in clause (

g) by striking out "B 14045" and

substituting "V 122515".

Schedule 2 is amended by sections 8 to 11.

Section 1(1) is amended

(

a) by repealing clause (a);

(

b) in clause (

c) by striking out "1(1)(q)(ii) and (iii)" and

substituting "1(1)(q)(iii)";

(

c) in clause (f)(ii) by striking out "School Grants

Regulation (Alta. Reg. 72/95)" and substituting

"Education Grants Regulation (AR 120/2008)".

Section 7.1 is amended

(

a) in subsection (3) by striking out "first day of the month

following that in which the application is made" and

substituting "beginning of the fiscal year following that in

which the application is made provided that the applicant

school has given at least one month's notice prior to that time

and, if not, from the beginning of the next following fiscal

year";

(

b) in subsection (5) by striking out "month following that

in which the notice is given" and substituting "fiscal year

in which the notice is given provided that the school gave at

least 2 weeks' notice prior to that time and, if not, from the

end of the next following fiscal year".

Section 14 is amended by striking out "except that the

reference to "sections 10, 11 and 12" are to be treated as reading

"section 10"".

11 Subschedule 2 is amended by striking out ", contributions

under

section 11 of this

Schedule and additional contributions made by

the member" and substituting "and contributions under

section 11

of this Schedule".

12(1) Subject to subsection (2), this Regulation comes into

force on September 1, 2009.

(2) Sections 6(

a) and 11 come into force on September 1,

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

Alberta Regulation 217/2009

Builders' Lien Act

BUILDERS' LIEN FORMS AMENDMENT REGULATION

Filed: July 22, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 413/2009)

on July 21, 2009 pursuant to

section 70 of the Builders' Lien Act.

1 The Builders' Lien Forms Regulation (AR 51/2002) is

amended by this Regulation.

Section 9 is amended by striking out "August 31, 2009"

and substituting "August 31, 2012".

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

Alberta Regulation 218/2009

Adult Guardianship and Trusteeship Act

Public Trustee Act

TRANSITIONAL (APPLICATIONS MADE IN CONFORMITY WITH

THE DEPENDENT ADULTS ACT; CERTIFICATIONS

OF INCAPACITY) REGULATION

Filed: July 22, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 419/2009)

on July 21, 2009 pursuant to

section 117 of the Adult Guardianship and Trusteeship

Act and

section 47 of the Public Trustee Act.

Table of Contents

1 Definition

Applications Made in Conformity with the

Dependent Adults Act

2 Application for order

3 Applications under the former Act

Certificates of Incapacity Continued under

the Public Trustee Act

4 Prescribed period and date

5 Review of certificates of incapacity

6 Manner in which Public Trustee is to account

7 Application of Acts

8 Repeal

9 Expiry

10 Coming into force

Definition

1 In this Regulation, "former Act" means the Dependent Adults Act

(RSA 2000 cD-11).

Applications Made in Conformity with

the Dependent Adults Act

Application for order

2(1) A person may apply under this

section

(

a) for the appointment of a guardian or trustee for an adult,

(

b) for a review of a guardianship or trusteeship order granted

under the former Act, or

(

c) to pass the accounts of a trustee under an order granted under

the former Act.

(2) Subject to subsections (3) and (4), an application under this

section

shall be made and determined in conformity with the requirements,

regulations, forms, practices and procedures that applied to

applications under the former Act.

(3) A guardianship or trusteeship order that is granted or continued on

an application under this

section shall specify a date within the 6-year

period immediately after the coming into force of the Adult

Guardianship and Trusteeship Act by which the order must be

reviewed under the Adult Guardianship and Trusteeship Act.

(4) A guardianship order that is granted or continued on an application

under this

section shall not give the guardian power or authority with

respect to a matter referred to in

section 10(3)(

f) or (

i) of the former

Act.

(5) Section 117(2) and (4) of the Adult Guardianship and Trusteeship

Act applies to a guardianship or trusteeship order granted or continued

under this

section as if the order had been made under the former Act

before the coming into force of the Adult Guardianship and

Trusteeship Act.

(6) An application under this

section that is not completed within the

one-year period immediately after the coming into force of the Adult

Guardianship and Trusteeship Act shall be continued and determined

in conformity with the requirements, regulations, forms, practices and

procedures that apply to applications under the Adult Guardianship

and Trusteeship Act.

(7) An application may be started under this

section only within the

3-month period immediately after the coming into force of the Adult

Guardianship and Trusteeship Act.

Applications under the former Act

3(1) An application under the former Act for the appointment of a

guardian or trustee, the review of a guardianship or trusteeship order or

the passing of the accounts of a trustee that was started before the

coming into force of the Adult Guardianship and Trusteeship Act shall

be continued and determined in conformity with the requirements,

regulations, forms, practices and procedures that applied to

applications under the former Act.

(2) Section 2(2) to (6) applies, with any necessary modifications, to

an application referred to in subsection (1).

Certificates of Incapacity Continued

Under the Public Trustee Act

Prescribed period and date

4(1) For the purposes of

section 47(4)(b)(ii) of the Public Trustee Act,

the prescribed period is one year after receiving the request.

(2) The date prescribed for the purposes of

section 47(4)(

c) of the

Public Trustee Act is September 30, 2021.

Review of certificates of incapacity

5(1) Subject to subsection (2),

Part 2 of the Adult Guardianship and

Trusteeship Regulation, as it relates to applications for review of

trusteeship orders, applies, with any necessary modifications, to

applications to the Court respecting reviews of certificates of

incapacity.

(2) On an application for review of a certificate of incapacity, the

Public Trustee is not required to give notice of the application to any

relative of the adult with whom the Public Trustee has not had contact

within the 6-year period immediately preceding the date on which the

application is started.

Manner in which Public Trustee is to account

6(1) On an application for review of a certificate of incapacity under

section 47(4) of the Public Trustee Act the Public Trustee may also

apply for examination and approval of the Public Trustee's accounts

respecting administration of the incapacitated person's property under

the certificate of incapacity.

(2) If the Public Trustee's accounts respecting administration of the

incapacitated person's property under the certificate of incapacity are

not examined and approved by the Court when the certificate of

incapacity is reviewed under

section 47(4) of the Public Trustee Act,

the Public Trustee may subsequently apply to the Court to have the

Public Trustee's accounts examined and approved.

(3) The Public Trustee shall apply to have the Public Trustee's

accounts respecting administration of the incapacitated person's

property under the certificate of incapacity examined and approved if

directed to do so by the Court under

section 63(3), (4) or (6) of the

Adult Guardianship and Trusteeship Act.

(4) Subject to subsection (5),

Part 2 of the Adult Guardianship and

Trusteeship Regulation, as it relates to applications for examination

and approval of the Public Trustee's accounts as trustee under a

trusteeship order, applies, with any necessary modifications, to an

application to the Court to examine and approve the Public Trustee's

accounts under a certificate of incapacity.

(5) On an application for examination and approval of the Public

Trustee's accounts respecting administration of the incapacitated

person's property under a certificate of incapacity,

(

a) the Public Trustee must submit the following accounting

information:

(

i) a current inventory of assets and liabilities, and

(ii) a statement of receipts and disbursements since the date

of the Public Trustee's appointment,

(

b) the accounting documents to be served on or sent to any

person who is required to be notified of the application are

the documents referred to in clause (a), and

(

c) the Public Trustee is not required to give notice of the

application to any relative of the adult with whom the Public

Trustee has not had contact within the 6-year period

immediately preceding the date on which the application is

started.

Application of Acts

7(1) Sections 74 and 75 of the former Act apply in respect of a

certificate of incapacity and to the Public Trustee as trustee for the

incapacitated person.

(2) Sections 57, 61, 62, 63(3) to (6) and (9), 67 to 69 and 70(1) of the

Adult Guardianship and Trusteeship Act apply in respect of a

certificate of incapacity and to the Public Trustee as trustee for the

incapacitated person.

Repeal

8 In accordance with

section 117(11) of the Adult Guardianship and

Trusteeship Act, sections 1 to 3 are repealed on the earliest of the

following:

(

a) the coming into force of an amendment that adds the subject

matter of sections 1 to 3 to the Adult Guardianship and

Trusteeship Act or another Act,

(

b) the coming into force of a regulation that repeals sections 1

to 3, and

(c) 3 years after sections 1 to 3 come into force.

Expiry

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

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

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

Regulation expires on September 30, 2019.

Coming into force

10 This Regulation comes into force on the coming into force of the

Adult Guardianship and Trusteeship Act.

Alberta Regulation 219/2009

Adult Guardianship and Trusteeship Act

ADULT GUARDIANSHIP AND TRUSTEESHIP REGULATION

Filed: July 22, 2009

For information only: Made by the Lieutenant Governor in Council (O.C. 420/2009)

on July 21, 2009 pursuant to

section 116 of the Adult Guardianship and Trusteeship

Act.

Table of Contents

Interpretation

Definitions

2 Designation of health professions (health care providers)

Part 1

General

Capacity Assessment

3 Capacity assessment

4 Conduct of capacity assessments

5 Capacity assessment report

6 Designation of health professions

7 Designation of capacity assessors

8 Training and continuing competence

9 Fees

10 Payment of fees by Crown

Co-decision-making, Guardianship and Trusteeship

11 Evidence of death or incapacity of guardian or trustee

12 Property not subject to trusteeship order

13 Authority of trustee

14 Limits on authority to make gifts

15 Trustee's accounts

16 Trustee fee

schedule

17 Results of investigation

Specific Decisions

18 Right to refuse assessment

19 Assessment

20 Communication and assistance

21 Duty to provide information

22 Authorization by Public Guardian

23 Limits on decisions

24 Scope of decisions

25 Records

Section 96 capacity assessment

Registry

27 Registry information

28 Disclosure

29 Updates and corrections

30 Accuracy of information

31 Limit on duties of review officer

32 Additional duties of Public Guardian

Part 2

Court Applications

Interpretation

Division 1

Co-decision-making, Guardianship or Trusteeship

Application for Order Started by Desk Application

34 Application

35 Service and notice

36 Duty of review officer

37 Request for hearing

38 Review officer's report

39 Filing of application

40 Powers of Court

41 Procedure where hearing required

42 Application by interested person

Application for Order Started by Notice of application and

hearing

43 Application

44 Service and notice

45 Duty of review officer

46 Review officer's report

Review of Co-decision-making, Guardianship or Trusteeship

Application by Co-decision-maker, Guardian or

Trustee Order Started by Desk Application

47 Application

48 Service and notice

49 Duty of review officer

50 Request for hearing

51 Review officer's report

52 Filing of application

53 Powers of Court

54 Procedure where hearing required

Application by Co-decision-maker, Guardian or Trustee Order

Started by Notice of application and hearing

55 Application

56 Service and notice

57 Duty of review officer

58 Review officer's report

Application for Review of Co-decision-making, Guardianship

or Trusteeship Order by Other Person

59 Application

60 Service and notice

Application for Examination and Approval

of Trustee's Accounts

61 Financial statements

Desk Application

62 Application

63 Service and notice

64 Request for financial statements

65 Request for hearing

66 Report by review officer

67 Filing of application

68 Powers of Court

69 Procedure where hearing required

Application Started by Notice of application and hearing

70 Application

71 Service and notice

72 Request for documents

73 Appointment of Public Trustee to assist

Division 2

Other Court of Applications

74 Opinion, advice or direction of Court

75 Urgent guardianship or trusteeship order

76 Order respecting appointment of Public Guardian or Public Trustee

77 Order to give effect to guardian's decision

78 Approval of amendment of trusteeship plan

79 Order directing trustee to submit accounts

80 Order authorizing sale of property that is the subject of a bequest

81 Determination that adult lacks capacity without

appointment of trustee

82 Resealing of foreign orders

83 Temporary protection order

84 Order to aid investigation

85 Review respecting specific decision making

86 Access to financial information

87 Order directing capacity assessment

Appeal to Court of Appeal

88 Notice of appeal

Division 3

General

89 Withdrawal of consent

90 Applicant's duty to obtain information

91 Date of capacity assessment report

92 General provisions regarding service

93 Service in respect of person who has not attained age of majority

94 Service on review officer

95 Duplicate service not required

96 Service or sending of orders

97 Validity of forms and documents

98 Additional consents

99 Protection of sensitive information

100 Costs paid by Crown

101 Powers of Court

Part 6

Expiry and Coming into Force

102 Expiry

103 Coming into force

Schedules

Interpretation

Definitions

1(1) In this Regulation,

(a) "Act" means the Adult Guardianship and Trusteeship Act;

(b) "college" means a college as defined in the Health

Professions Act;

(c) "director", in respect of a residential facility, means the

person in charge of the facility;

(d) "regulated member" means a regulated member as defined in

the Health Professions Act.

(2) For the purposes of the Act,

(a) "gift" includes a charitable donation;

(b) "health profession" means

(

i) the profession of medical practitioners under the

Medical Profession Act, and

(ii) a profession that is regulated by the Health Professions

Act;

(c) "residential facility" means

(

i) a nursing home as defined in the Nursing Homes Act,

(ii) a place of care for adults who are aged or infirm or who

require special care that is licensed under the Social

Care Facilities Licensing Act,

(iii) an approved hospital or auxiliary hospital as defined in

the Hospitals Act, and

(iv) a premises, other than a private residence, in which 4 or

more adults who are not related to the operator of the

premises are provided with living accommodation, care

and supervision;

(d) "significantly impaired", in respect of an adult's capacity to

make decisions, means that the adult's cognitive and adaptive

abilities

(

i) are substantially limited as the result of an impairment,

including, without limitation, a developmental

disability, an organic, degenerative or neurological

disease or disorder, an acquired brain injury or a chronic

mental illness, and

(ii) are not so substantially limited that the adult would not

have the capacity to make decisions with appropriate

guidance and support;

(e) "temporary admission", in respect of admission to a

residential facility, means admission for a period not

exceeding 6 months (beginning on the day that a specific

decision maker consents to the admission).

(3) For the purposes of

section 85 of the Act, "disposition that has

testamentary effect" includes a designation of a beneficiary that is

intended to take effect on the death of the represented adult.

(4) References to an "adult" in the Act and the regulations include a

person referred to in

section 11(1), 24(1), 43(2) of the Act where the

context requires.

Designation of health professions (health care providers)

2(1) The following members of health professions are designated for

the purposes of the definition "health care provider" in

section 1(

s) of

the Act in respect of

Part 3, Division 1 of the Act:

(

a) a person who is registered as a medical practitioner under the

Medical Profession Act;

(

b) a nurse practitioner who is a regulated member of the Alberta

College and Association of Registered Nurses;

(

c) subject to subsection (2), a dentist who is a regulated member

of the Alberta Dental Association and College.

(2) The designation of a dentist who is a regulated member of the

Alberta Dental Association and College is only applicable with respect

to health care decisions.

(3) The following members of health professions are designated for

the purposes of the definition "health care provider" in

section 1(

s) of

the Act in respect of

Part 3, Division 2 of the Act:

(

a) a person who is registered as a medical practitioner under the

Medical Profession Act;

(

b) a nurse practitioner who is a regulated member of the Alberta

College and Association of Registered Nurses;

(

c) a registered nurse who is a regulated member of the Alberta

College and Association of Registered Nurses.

Part 1

General

Capacity Assessment

Capacity assessment

3(1) The following apply to capacity assessments:

(

a) a capacity assessment may be conducted only if the need for

the capacity assessment has been established;

(

b) an adult has the right to refuse to undergo or to continue with

a capacity assessment;

(

c) subject to subsection (4), an adult has the right to have a

person present to assist the adult in feeling comfortable and

relaxed when undergoing a capacity assessment;

(

d) an adult has the right to have the assistance of an interpreter

or the use of a device to assist the adult to communicate in

order for the adult to be able to fully demonstrate his or her

capacity during the capacity assessment;

(

e) an adult shall be given the opportunity to undergo a capacity

assessment at a time when and under circumstances in which

the adult will be likely to be able to demonstrate the adult's

full capacity;

(

f) a capacity assessor shall make reasonable efforts to obtain

any information that is relevant to the assessment of the

adult's capacity.

(2) The Minister may establish guidelines for the conduct of capacity

assessments.

(3) In establishing guidelines for the conduct of capacity assessments,

the Minister shall consult with the colleges of the health professions

whose members are or may be designated as capacity assessors under

section 7.

(4) A person who is present at a capacity assessment for the purpose

of assisting the adult to communicate or to feel comfortable and

relaxed

(

a) shall comply with any directions of the capacity assessor, and

(

b) may be asked to leave by the capacity assessor if the person

does not comply with a direction under clause (a).

Conduct of capacity assessments

4(1) A capacity assessment relating to co-decision-making,

guardianship or trusteeship must be conducted in accordance with this

section,

section 3 and any guidelines established by the Minister under

section 3.

(2) Before conducting a capacity assessment, a capacity assessor shall

(

a) ensure that he or she has been advised of the reasons why the

capacity assessment has been requested and has been

provided with a description of any event that gave rise to the

request for a capacity assessment,

(

b) obtain confirmation that a medical evaluation of the adult

was conducted within the 3-month period preceding the

capacity assessment and that the results of the evaluation did

not indicate that the adult was suffering from a reversible

temporary medical condition that appeared likely to have a

significant impact on the adult's capacity to make a decision

about personal matters or financial matters,

(

c) make reasonable efforts to

(

i) meet with the adult in person, and

(ii) unless the level of consciousness of the adult is

non-responsive, explain to the adult

(

A) the purpose and nature of the capacity assessment,

(

B) that the adult has the right to refuse to

(

I) undergo the capacity assessment, or

(II) continue with the capacity assessment at any

point during the capacity assessment,

(

C) that the adult has the right to have a person present

to assist the adult in feeling comfortable and

relaxed when undergoing the capacity assessment,

(

D) that the adult has the right to have the assistance of

an interpreter or the use of a device to assist the

adult to communicate in order to be able to fully

demonstrate the adult's capacity during the

capacity assessment,

(

E) the significance and effect of a finding that the

adult does not have the capacity to make a decision

respecting personal matters or financial matters,

(iii) unless the level of consciousness of the adult is

non-responsive, ask the adult if there have been any

significant changes recently in his or her beliefs and

values related to making decisions about the matters

being assessed,

(iv) determine whether it is necessary for the adult to have

or whether the adult is requesting the assistance of a

person or the use of any device to undergo the capacity

assessment, including, without limitation,

(

A) the assistance of an interpreter or device to

communicate, or

(

B) the assistance of a person to be comfortable and

relaxed.

(3) A capacity assessor may conduct a capacity assessment only if the

adult has not refused to undergo or continue with the capacity

assessment and,

(

a) in the opinion of the capacity assessor, the adult

(

i) understands the purpose of the capacity assessment and

that the adult has a right to refuse to undergo or

continue with the capacity assessment,

(ii) appears to be capable of consenting to the capacity

assessment, and

(iii) has consented to the capacity assessment,

(

b) in the opinion of the capacity assessor,

(

i) the adult appears not be capable of consenting to the

capacity assessment, and

(ii) it is in the best interests of the adult to conduct the

capacity assessment.

(4) If an adult refuses to undergo a capacity assessment or refuses to

continue with a capacity assessment at any point during a capacity

assessment, the capacity assessor

(

a) shall forthwith leave the adult's residence if the capacity

assessor has attended at the adult's residence to conduct the

capacity assessment,

(

b) shall not take any further steps with respect to the capacity

assessment other than to note on the capacity assessment

report that the adult has refused to undergo or to continue

with the capacity assessment, and

(

c) shall notify the person who has requested the capacity

assessment that the adult refused to undergo or continue with

the capacity assessment.

(5) A capacity assessor may conduct a capacity assessment of an

adult's capacity to make decisions with respect to a matter only if the

capacity assessor is satisfied that a capacity assessment with respect to

that matter is warranted.

(6) When conducting an assessment of an adult's capacity to make

decisions about personal matters or financial matters, the capacity

assessor shall meet with the adult and shall

(

a) consider the ability of the adult to

(

i) understand the information that is relevant to a decision,

and

(ii) appreciate the reasonably foreseeable consequences of

(

A) a decision, and

(

B) a failure to make a decision, and

(

b) form an opinion about whether the adult has the capacity to

make decisions about personal matters or financial matters

(7) In forming an opinion under subsection (6), the capacity assessor

shall take into account

(

a) whether the adult has the ability to retain the information that

is relevant to making decisions, and

(

b) any other factors the capacity assessor considers appropriate.

(8) If the capacity assessment is being conducted in respect of an

application for a guardianship order or trusteeship order, on meeting

with the adult under subsection (6), the capacity assessor shall also

form an opinion as to whether service of an application for a

guardianship order or trusteeship order is likely to cause serious

emotional or physical harm to the adult.

(9) If the capacity assessor is of the opinion that the adult does not

have the ability to do the things referred to in subsection (6), the

capacity assessor shall

(

a) consider whether the adult is likely to regain some or all of

the adult's capacity to make decisions about personal matters

or financial matters and, if so, the time in which the adult is

likely to regain capacity, and

(

b) if the capacity assessor believes that the adult is likely to

regain some or all of the adult's capacity to make decisions

about personal matters or financial matters, include in the

capacity assessment report a recommendation that a further

capacity assessment of the adult be conducted, including the

period within which it should be conducted.

(10) Subsections (1) to (7) and (9) apply, with any necessary

modifications, to a capacity assessment that is conducted for the

purposes of

section 96 of the Act.

Capacity assessment report

5 A capacity assessment report must be in the form prescribed by the

Minister and must contain the information required in the form.

Designation of health professions

6 The following health professions are designated as health

professions whose members may be designated as capacity assessors:

(

a) profession of medical practitioners under the Medical

Profession Act;

(

b) profession of psychologists under the Health Professions Act;

(

c) profession of registered nurses under the Health Professions

Act;

(

d) profession of registered psychiatric and mental deficiency

nurses under the Health Professions Act;

(

e) profession of occupational therapists under the Health

Professions Act;

(

f) profession of social workers under the Health Professions

Act.

Designation of capacity assessors

7(1) The following persons are designated as capacity assessors:

(

a) a person who is registered as a medical practitioner under the

Medical Profession Act;

(

b) a psychologist who is a regulated member of the College of

Alberta Psychologists under the Health Professions Act.

(2) The Minister may designate a person as a capacity assessor if the

person

(

a) is a regulated member of a college of a health profession

listed in

section 6(

c) to (f),

(

b) has successfully completed a course for capacity assessors

referred to in

section 8, and

(

c) meets any other requirements set by the Minister.

(3) The Minister may revoke the designation of a person who is

designated as a capacity assessor under subsection (2)

(

a) if the Minister is satisfied that the person is no longer

conducting capacity assessments,

(

b) if the Minister is satisfied that the person is not conducting

capacity assessments in accordance with the Act and the

regulations, or

(

c) for any other reason that the Minister considers warrants the

revocation of the person's designation as a capacity assessor.

(4) The Minister shall maintain a list of persons who are designated as

capacity assessors under subsection (2) and may make the list available

to the public.

Training and continuing competence

8 The Minister may

(

a) establish or approve a training course for capacity assessors,

and

(

b) establish or approve a continuing competence program for

capacity assessors.

Fees

9(1) Subject to subsections (2) and (3), a capacity assessor may

charge a fee for a capacity assessment including the capacity

assessment report up to a maximum of

(a) $500, if the capacity assessment relates exclusively to the

adult's capacity to make decisions about either

(

i) personal matters, or

(ii) financial matters,

(b) $700, if the capacity assessment relates to the adult's

capacity to make decisions about personal matters and

financial matters.

(2) Except where the fee for a capacity assessment is paid by the

Minister under

section 10, the Court may, on application, allow a

higher fee for a capacity assessment on the basis of the complexity of

the capacity assessment.

(3) For greater certainty, subsection (1)(a)(

i) also applies to a capacity

assessment conducted under

section 96 of the Act.

Payment of fees by Crown

10(1) A person who is applying for a co-decision-making,

guardianship or trusteeship order or for a review of an order may

request the Crown to pay the fees for a capacity assessment of the adult

in respect of whom the application is being made by submitting a

request to the Public Guardian.

(2) On receiving a request under subsection (1), the Public Guardian

shall review the financial situation of the person making the request

and the adult in respect of whom the application is being made, to

determine whether it would be a financial hardship for the person

making the request or the adult to pay the fees.

(3) If the Public Guardian is satisfied that it would be a financial

hardship for the applicant and the adult in respect of whom the

application is being made to pay the fees for a capacity assessment of

the adult, the Public Guardian may recommend to the Minister that the

Crown pay the fees.

(4) The Minister may, on the recommendation of the Public Guardian,

pay the fees provided for under

section 9(1)(

a) and (

b) for the capacity

assessment of the adult in respect of whom the application is being

made.

(5) The Minister may pay the fees for only one capacity assessment of

an adult in a calendar year.

Co-decision-making, Guardianship

and Trusteeship

Evidence of guardian's or trustee's death or incapacity

11 The evidence to be provided to the clerk of the Court under

section 32(5), 36(2) or 53(5) of the Act is

(

a) in the case of the death of the previous guardian or previous

trustee, a copy of the death certificate or funeral director's

certificate respecting the previous guardian or previous

trustee,

(

b) in the case of the appointment of a guardian or trustee for the

previous guardian or previous trustee, a copy of the

guardianship or trusteeship order, or

(

c) in the case of the coming into effect, because of the previous

guardian's or previous trustee's incapacity, of

(

i) a personal directive made by the previous guardian or

previous trustee, a copy of the declaration of incapacity

under the Personal Directives Act respecting the

previous guardian or previous trustee, or

(ii) an enduring power of attorney made by the previous

guardian or previous trustee, a copy of the enduring

power of attorney and the declaration of contingency

under the Powers of Attorney Act respecting the

previous guardian or previous trustee.

Property not subject to trusteeship order

12 A trusteeship order does not apply to real and personal property

that the represented adult holds in trust or in any fiduciary capacity.

Authority of trustee

13(1) Unless the trusteeship order or another order of the Court

provides otherwise, a trustee may carry on a legal proceeding that

relates to a financial matter of the represented adult and may receive

and give a discharge for any money or property to which the

represented adult is entitled under any judgment rendered in or

settlement of the legal proceeding.

(2) A trustee may not consent to the disposition of the homestead, as

defined in the Dower Act, of the represented adult's spouse unless the

trusteeship order specifically authorizes the trustee to consent to the

disposition of the homestead.

(3) A trustee may grant a lease of the real property of the represented

adult for a term not exceeding 3 years.

Limits on authority to make gifts

14(1) The total value of gifts made by a trustee in a year out of the

represented adult's property under

section 60(2) of the Act shall not

exceed 5% of the represented adult's taxable income for the previous

year.

(2) A trustee shall not make a gift to himself or herself out of the

represented adult's property under

section 60(2) of the Act unless the

proposed gift is disclosed in the trusteeship plan approved by the

Court.

(3) In deciding whether to make a gift out of the represented adult's

property under

section 60(2) of the Act, a trustee shall consider any

current wishes expressed by the represented adult.

(4) A trustee appointed by a trusteeship order to which

section 117(4)

of the Act applies shall not make a gift under

section 60(2) of the Act

until after the trusteeship order is reviewed under

section 70 of the Act.

Trustee's accounts

15(1) A trustee shall maintain at least the following accounting

information for the purposes of

section 63(1) of the Act:

(

a) an inventory of the represented adult's assets, liabilities,

income and expenditures as of the date of the trustee's

appointment;

(

b) an ongoing and complete record of transactions affecting the

property administered by the trustee, which must include all

of the following information that applies to each transaction:

(

i) the date of the transaction;

(ii) the name of the other party to the transaction;

(iii) if money is received or paid in the transaction,

(

A) the amount,

(

B) a description of the transaction, and

(

C) the account into which the money is deposited or

from which the money is paid or advanced;

(iv) if money is transferred between accounts in the

transaction, the amount transferred and the accounts

affected;

(

v) a brief description of any items, services or property

acquired in, disposed of or lent in the transaction;

(vi) if the transaction is a gift, including a charitable

donation, made by the trustee on behalf of the

represented adult

(

A) a statement to that effect, and

(

B) the estimated fair market value of the gifted

property, if the property is not money;

(vii) receipts or invoices for all transactions involving the

payment of $300 or more.

(2) In this section, "transaction" includes

(

a) receiving, paying, gifting or lending money on behalf of a

represented adult,

(

b) acquiring, disposing of or lending property other than money

on behalf of a represented adult,

(

c) transferring money between different accounts maintained by

a trustee on behalf of a represented adult,

(

d) incurring or discharging a liability on behalf of a represented

adult, and

(

e) entering into a contract on behalf of a represented adult.

Trustee fee

schedule

16(1) The fee

schedule prescribed for the purposes of

section 66(2) of

the Act is set out in

Schedule 1.

(2) A trustee may elect to be compensated in accordance with the fee

schedule by making the election in the trusteeship plan.

Results of investigation

17 An investigator shall notify the following persons as to whether

the investigator concluded that a complaint under

section 75 of the Act

was founded or not founded and whether or not action was taken under

section 77 of the Act:

(

a) the assisted adult or represented adult;

(

b) the complainant;

(

c) the co-decision-maker, guardian or trustee who is the subject

of the complaint;

(

d) any other co-decision-maker, guardian or trustee appointed in

the co-decision-making, guardianship or trusteeship order;

(

e) subject to clause (g), the Public Guardian in the case of a

complaint about a co-decision-maker or guardian;

(

f) subject to clause (h), the Public Trustee in the case of a

complaint about a trustee;

(

g) the Minister in the case of a complaint about the Public

Guardian;

(

h) the Minister of Justice and Attorney General, in the case of a

complaint about the Public Trustee;

(

i) any other person the investigator considers appropriate.

Specific Decisions

Right to refuse assessment

18 Before assessing an adult's capacity to make a decision respecting

the adult's health care or temporary admission to or discharge from a

residential facility, a health care provider shall inform the adult that

(

a) the adult has the right to refuse to

(

i) undergo the assessment, or

(ii) continue with the assessment,

and

(

b) the likely effect that a refusal would have on the ability of the

health care provider to provide the health care to the adult or

temporarily admit the adult to or discharge the adult from a

residential facility, as the case may be.

Assessment

19(1) When assessing an adult's capacity to make a decision

respecting the adult's health care, a health care provider shall meet

with the adult in person and provide to the adult the information that a

reasonable person would require to understand the proposed health

care and to make a decision, including the following information:

(

a) the condition for which the health care is being proposed;

(

b) the nature of the proposed health care;

(

c) the material risks and expected benefits to the adult of the

proposed health care;

(

d) any likely side effects of the proposed health care;

(

e) alternative forms of health care for the condition;

(

f) the reasonably foreseeable consequences if the adult is not

provided with the health care.

(2) When assessing an adult's capacity to make a decision respecting

the adult's temporary admission to or discharge from a residential

facility, a health care provider shall meet with the adult in person and

provide to the adult the information that a reasonable person would

require to understand the proposed temporary admission or discharge

and to make a decision, including the following information:

(

a) the reasons for the proposed admission or discharge;

(

b) the location and type of residential facility to which it is

proposed that the adult would be temporarily admitted, in the

case of an admission;

(

c) the material risks and expected benefits to the adult of the

proposed admission or discharge;

(

d) the alternatives available to the adult if the adult is not

temporarily admitted to or discharged from the residential

facility;

(

e) the reasonably foreseeable consequences if the adult is not

temporarily admitted to or discharged from the residential

facility.

(3) A health care provider shall determine if the adult has the capacity

to make a decision to consent or refuse to consent to the health care or

to be temporarily admitted to or discharged from a residential facility,

as the case may be, based on whether or not the adult

(

a) understands the information given to the adult by the health

care provider under subsection (1) or (2), and

(

b) appreciates the reasonably foreseeable consequences of

(

i) a decision, and

(ii) a failure to make a decision.

(4) A health care provider shall complete Form 6 or 7, prescribed in

the Adult Guardianship and Trusteeship (Ministerial) Regulation, in

respect of an assessment of capacity conducted under this section.

Communication and assistance

20 When assessing an adult's capacity to make a decision respecting

the adult's health care or temporary admission to or discharge from a

residential facility, a health care provider

(

a) shall communicate with the adult in a manner that is

appropriate to the adult's skills and abilities, and

(

b) may allow the adult's spouse, relatives or friends, who

accompany the adult and offer their assistance, to help the

adult to understand or to demonstrate an understanding of the

matters referred to in

section 19(1) or (2).

Duty to provide information

21 If a health care provider determines that an adult does not have the

capacity to make a decision to consent to or to refuse to consent to the

proposed health care of the proposed temporary admission to or

discharge from a residential facility, the health care provider shall

inform the adult of the following:

(

a) that a specific decision maker may be selected to make the

decision for the adult;

(

b) that the adult has the right under

section 96 of the Act to

request a capacity assessor to conduct a capacity assessment;

(

c) that the adult has the right under

section 97 of the Act to

apply to the Court for a review of the assessment of the

adult's capacity.

Authorization by Public Guardian

22(1) The Public Guardian may authorize a person to be a specific

decision maker for an adult if the person

(

a) is a relative of the adult listed in the definition of "nearest

relative" in

section 1(

x) of the Act, and

(

b) meets the criteria set out in

section 89(1)(

a) to (

f) of the Act.

(2) For greater certainty, the Public Guardian may authorize a person

who is not the nearest relative of an adult to be the specific decision

maker for the adult.

(3) The Public Guardian may not authorize the person that the health

care provider had selected and whose selection was disputed to be the

specific decision maker.

Limit on authority

23 The following types of health care are prescribed for the purposes

section 88(2)(

e) of the Act,

(

a) any type of health care that is the subject of a treatment

decision for an adult who is a formal patient as defined in the

Mental Health Act, or

(

b) any type of health care where a decision respecting the

provision of or withdrawal or withholding of the health care

would be likely to result in the imminent death of the adult.

Scope of decisions

24(1) A specific decision maker may, in making a decision respecting

an adult's health care that the specific decision maker is authorized to

make, make a decision to consent to or refuse to consent to the

provision of or withdrawal or withholding of the health care to the

adult.

(2) A specific decision maker may, in making a decision respecting

the adult's temporary admission to or discharge from a residential

facility that the specific decision maker is authorized to make, make a

decision to consent to or refuse to consent to the adult's temporary

admission to or discharge from the residential facility.

(3) Subject to subsection (4), if a specific decision maker has made a

decision to consent to an adult's temporary admission to a residential

facility on a transitional basis, the specific decision maker may make a

further decision with respect to the adult's temporary admission to

another residential facility.

(4) Subsection (3) does not apply if

(

a) more than 6 months have passed since the day on which the

specific decision maker consented to the adult's temporary

admission to the residential facility on a transitional basis, or

(

b) the adult's health care provider or specific decision maker

has reason to believe that there has been a significant

improvement in the capacity of the adult to make a decision

with respect to the adult's temporary admission to a

residential facility.

Records

25 In addition to the records required to be kept under

section 91 of

the Act, the health care provider who selects a specific decision maker

to make a decision for an adult shall keep a copy of the assessment of

the capacity of the adult referred to in

section 19(4).

Section 96 capacity assessment

26 The period prescribed for the purposes of

section 98(3) of the Act

within which arrangements must be made for a capacity assessment is

7 days.

Registry

Registry information

27(1) In addition to the documents referred to in

section 106 of the

Act, the Minister shall deposit the following information into the

registry:

(

a) information respecting the date by which a

co-decision-making, guardianship or trusteeship order is

required to be reviewed;

(

b) contact information for each assisted adult or represented

adult as set out in the co-decision-making, guardianship or

trusteeship order or as provided by the assisted adult,

represented adult, co-decision-maker, guardian or trustee;

(

c) contact information for each co-decision-maker, guardian,

alternate guardian, trustee and alternate trustee appointed

under the Act as set out in the co-decision-making,

guardianship or trusteeship order or as provided by the

co-decision-maker, guardian, alternate guardian, trustee or

alternate trustee.

(2) The Minister may deposit the following information and

documents into the registry:

(

a) information related to applications or orders under the Act

that would limit the authority of the Public Guardian or

Public Trustee to disclose information from the registry;

(

b) a copy of any order made under the Dependent Adults Act;

(

c) a copy of or information respecting any certificate of

incapacity issued under the Dependent Adults Act.

Disclosure

28(1) Subject to subsection (2) and any express provisions to the

contrary in a co-decision-making, guardianship or trusteeship order,

the Public Guardian or the Public Trustee may disclose information,

including personal information, from the registry to the following

persons or bodies:

(

a) the Provincial Court, Court of Queen's Bench or Court of

Appeal;

(

b) a government institution as defined in the Privacy Act

(Canada);

(

c) a bank to which the Personal Information Protection and

Electronic Documents Act (Canada) applies;

(

d) a public body as defined in the Freedom of Information and

Protection of Privacy Act;

(

e) a custodian or an affiliate as defined in the Health

Information Act;

(

f) an organization as defined in the Personal Information

Protection Act;

(

g) the individual that the information is about or the individual's

co-decision-maker, guardian or trustee;

(

h) a relative of

(

i) an assisted adult,

(ii) a represented adult, or

(iii) an adult who is the subject of a certificate of incapacity;

(

i) a lawyer representing a person or body referred to in clause

(

a) to (h).

(2) The Public Guardian or Public Trustee may disclose information to

a person or body referred to in subsection (1) only if

(

a) the person or body has requested the information in a manner

that is acceptable to the Public Guardian or Public Trustee

and has

(

i) identified the adult that the person or body believes is or

may be the subject of a co-decision-making,

guardianship, trusteeship order or certificate of

incapacity,

(ii) identified the information that the person or body is

requesting, and

(iii) set out the person's or body's reasons for requesting the

information,

and

(

b) the Public Guardian or Public Trustee is satisfied that the

person or body has a legitimate interest

(

i) in determining whether an adult is the subject of a

co-decision-making, guardianship or trusteeship order

or certificate of incapacity,

(ii) in being advised of the terms of

(

A) an order or certificate referred to in subclause (i),

(

B) an order made on a review of an order referred to

in subclause (i),

(iii) in being provided with contact information for a

co-decision-maker, guardian or trustee of an assisted

adult or represented adult.

(3) A person or body who does not fall into a category set out in

subsection (1) may request the Public Guardian or the Public Trustee

to provide the person's or body's contact information to a

co-decision-maker, guardian or trustee.

Updates and corrections

29 The Minister may update or correct any information contained in

the registry.

Accuracy of information

30 The Minister, the Public Guardian and the Public Trustee are not

responsible for the accuracy of information that is disclosed from the

Registry.

Limit on duties of review officer

31 A review officer has no duties or functions except the duties and

functions expressly provided for in the Act and the regulations.

Additional duties of Public Guardian

32 The Minister may designate the Public Guardian as a review

officer, complaints officer or investigator.

Part 2

Court Applications

Interpretation

33(1) In this Part,

(a) "band" means band within the meaning of the Indian Act

(Canada);

(b) "council of the band" means council of the band within the

meaning of the Indian Act (Canada);

(c) "date for submitting the request for hearing" means the date

set out by a review officer in a request for hearing by which

the completed request for hearing is to be submitted to the

review officer;

(d) "desk application" means an application for an order under

section 13, 21, 26, 40, 46, 63 or 70 of the Act that the

applicant proposes be considered and determined by the

Court in accordance with

section 111 of the Act;

(e) "Indian" means an Indian as defined in the Indian Act

(Canada);

(f) "reserve" means reserve within the meaning of the Indian Act

(Canada).

(2) When counting to or from a date in months, time is calculated

from the date on which the event or activity occurs in the month to

(

a) the same-numbered day in a subsequent or previous month

(the target month), as the case may be, or

(

b) if there is no same-numbered date in the target month, the

last day of the target month.

(3) The forms for the purposes of this Part are set out in

Schedule 2.

Division 1

Co-decision-making, Guardianship

or Trusteeship

Application for Order Started by

Desk Application

Application

34(1) An interested person may start an application for a

co-decision-making order under

section 13 of the Act, a guardianship

order under

section 26 of the Act or a trusteeship order under

section

46 of the Act by desk application by submitting the documents referred

to in subsection (2), (3) or (4) to a review officer.

(2) In the case of a desk application for a co-decision-making order

under

section 13 of the Act, the applicant shall submit the following:

(

a) an application, in Form 1;

(

b) the affidavit of the applicant, in Form 2;

(

c) a capacity assessment report in the form prescribed by the

Adult Guardianship and Trusteeship (Ministerial)

Regulation;

(

d) the consent of

(

i) each proposed co-decision-maker, in Form 12,

(

A) to act as co-decision-maker, and

(

B) to the review officer or a person acting on behalf

of the review officer obtaining a criminal records

check respecting the proposed co-decision-maker,

and

(ii) the proposed assisted adult to the appointment of the

proposed co-decision-maker, in Form 11;

(e) 2 personal references for each proposed co-decision-maker,

in Form 30;

(

f) a draft co-decision-making order, in Form 5, to which the

proposed assisted adult has consented;

(

g) the Court filing fee.

(3) In the case of a desk application for a guardianship order under

section 26 of the Act, the applicant shall submit the following:

(

a) an application, in Form 14;

(

b) the affidavit of the applicant, in Form 15;

(

c) a capacity assessment report in the form prescribed by the

Adult Guardianship and Trusteeship (Ministerial)

Regulation;

(

d) a guardianship plan, in Form 32;

(

e) the consent of each proposed guardian, in Form 24 or 25, and

each alternate guardian, in Form 26,

(

i) to act as guardian or alternate guardian, and

(ii) in the case of a proposed guardian or alternate guardian,

to the review officer or a person acting on behalf of the

review officer obtaining a criminal records check

respecting the proposed guardian or alternate guardian;

(f) 2 personal references for each proposed guardian or alternate

guardian, in Form 30;

(

g) the Court filing fee.

(4) In the case of a desk application for a trusteeship order under

section 46 of the Act, the applicant shall submit the following:

(

a) an application, in Form 14;

(

b) the affidavit of the applicant, in Form 15;

(

c) a capacity assessment report in the form prescribed by the

Adult Guardianship and Trusteeship (Ministerial)

Regulation;

(

d) a trusteeship plan, in Form 34 or 35;

(

e) either

(

i) an inventory, in Form 37, or

(ii) the proposed trustee's undertaking to file an inventory

with the Court within 6 months of the effective date of

the proposed trustee's appointment as trustee, unless the

Court dispenses with the filing of the inventory;

(

f) the consent of each proposed trustee, in Form 27 or 28, and

alternate trustee, in Form 29,

(

i) to act as trustee or alternate trustee, and

(ii) in the case of a trustee who is an individual, to the

review officer or a person acting on behalf of the review

officer obtaining a credit report and a criminal records

check respecting the proposed trustee or alternate

trustee;

(g) 2 personal references for each proposed trustee or alternate

trustee who is an individual, in Form 30;

(

h) the Court filing fee.

(5) If the applicant has not submitted all of the documents required

under subsection (2), (3) or (4), the review officer shall advise the

applicant that the documents are not complete and may return some or

all of the documents to the applicant.

(6) In addition to the documents referred to in subsections (3) and (4),

an applicant for a guardianship or trusteeship order may also submit to

the review officer a draft order, which may be in Form 18.

Service and notice

35(1) If all of the documents required under

section 34(2), (3) or

(4) have been submitted to the review officer, the review officer shall

(

a) prepare a notice of application, solely on the basis of the

information set out in the application submitted to the review

officer under

section 34(2), (3) or (4),

(

i) in Form 3, in the case of an application for a

co-decision-making order, or

(ii) in Form 16, in the case of an application for a

guardianship or trusteeship order,

and

(

b) serve and send the notice of application and other documents

with respect of the application in accordance with

subsections (2) to (7).

(2) Subject to subsection (3), the review officer shall serve the

following documents on the adult who is the subject of the application:

(

a) all of the documents in respect of the application that were

submitted to the review officer under

section 34, except the

personal references;

(

b) the notice of application;

(

c) a request for hearing, in Form 31.

(3) The review officer shall not serve the adult who is the subject of an

application for a guardianship or trusteeship order if

(

a) the capacity assessor has included an express statement in the

capacity assessment report indicating that, in the opinion of

the capacity assessor, service of notice of the application on

the adult is likely to cause serious physical or emotional harm

to the adult, or

(

b) the applicant has, in the application, requested the Court to

dispense with service on the adult.

(4) Subject to subsection (5), the review officer shall send the notice

of application and a request for hearing, in Form 31, to the following

persons by ordinary mail:

(

a) each of the following relatives of the adult who is the subject

of the application whose name and address appears in the

application and who resides in Canada:

(

i) spouse or adult interdependent partner;

(ii) parent;

(iii) child who is 18 years of age or older;

(iv) sister or brother who is 18 years of age or older;

(

b) each supporter, co-decision-maker, guardian, alternate

guardian, trustee, alternate trustee, agent or attorney of the

adult who is the subject of the application;

(

c) each proposed co-decision-maker, guardian, alternate

guardian, trustee or alternate trustee;

(

d) if the adult who is the subject of the application resides in a

residential facility, the director of the residential facility;

(

e) if the adult who is the subject of the application is an Indian

who is a member of a band and is ordinarily resident on a

reserve, the Chief of the council of the band;

(5) The review officer shall not send documents to a person referred to

in subsection (4) if the applicant has, in the application, requested the

Court to dispense with notice to the person.

(6) If the review officer is of the opinion that it would be in the best

interests of the adult who is the subject of the application for any other

person to be given notice of the application, the review officer may

send the notice of application and a request for hearing, in Form 31, to

the person.

(7) Documents must be served under subsection (2) and sent under

subsections (4) and (6) at least 20 days before the date for submitting

the request for hearing.

(8) A person referred to in subsection (4) or (6) may request the

review officer to provide a copy of any document submitted by the

applicant in support of the application except

(

a) the capacity assessment report, or

(

b) the personal references.

(9) A request under subsection (8) must be

(

a) in writing, and

(

b) submitted before the date for submitting the request for

hearing.

(10) On receiving a request made by a person in accordance with

subsections (8) and (9), the review officer shall provide a copy of the

document to the person.

Duty of review officer

36 Where an adult who is the subject of a desk application for a

co-decision-making, guardianship or trusteeship order is served under

section 35(2), a review officer shall make reasonable efforts to

(

a) meet with the adult in person,

(

b) explain to the adult

(

i) the nature and purpose of the application, and

(ii) that the adult has the right to request a hearing of the

application and to attend and make representations at

the hearing,

and

(

c) ascertain the views and wishes of the adult respecting the

application.

Request for hearing

37(1) The following persons are entitled to request a hearing:

(

a) the adult who is the subject of the application;

(

b) the review officer;

(

c) any person to whom a notice of application and request for

hearing was sent under

section 35(4) or (6);

(

d) any interested person.

(2) The adult who is the subject of an application may request a

hearing by completing the request for hearing and submitting it to the

review officer on or before the date for submitting the request for

hearing.

(3) A review officer may request a hearing in the review officer's

report.

(4) A person referred to in subsection (1)(

c) may request a hearing by

completing the request for hearing and submitting it to the review

officer on or before the date for submitting the request for hearing.

(5) An interested person referred to in subsection (1)(

d) may request a

hearing by completing a request for hearing, in Form 31, and

submitting it to the review officer before the review officer files the

application with the Court.

Review officer's report

38(1) Before filing the application with the Court, the review officer

shall complete the review officer's report in accordance with this

section.

(2) The review officer's report must be in a form approved by the

Minister and include the following:

(

a) a

summary of the views and wishes of the adult who is the

subject of the application respecting the application or a

statement indicating the reasons why it was not possible for

the review officer to ascertain the adult's views and wishes;

(

b) a

summary of any information of which the review officer is

aware that relates to the suitability of a proposed

co-decision-maker, guardian, alternate guardian, trustee or

alternate trustee;

(

c) a statement that

(

i) the documents referred to in

section 35(2) were

personally served on the adult who is the subject of the

application, or

(ii) if the documents referred to in

section 35(2) were not

personally served on the adult, sets out the reasons why

personal service was not effected;

(

d) a statement identifying the persons to whom the review

officer sent a notice of application and a request for hearing

under

section 35(4) and (6);

(

e) a statement identifying any persons referred to in

section

35(4) to whom the review officer did not send a notice of

application and a request for hearing;

(

f) a statement indicating whether a document referred to in

clause (

d) was returned undelivered;

(

g) a statement indicating whether a request for hearing was

submitted to the review officer;

(

h) a statement as to whether the review officer is requesting a

hearing.

(3) The review officer may include in the review officer's report the

review officer's comments on any other matter that the review officer

considers relevant to the application.

(4) If a proposed trustee or alternate trustee is a trust corporation, a

statement that the proposed trustee or alternate trustee is registered as a

trust corporation under the Loan and Trust Corporations Act is

sufficient for the purposes of subsection (2)(b).

(5) If the review officer's report indicates that a request for hearing

was submitted to the review officer, the request for hearing must be

attached to the report.

(6) The review officer shall send the applicant a copy of the review

officer's report, including any attachments, by ordinary mail.

Filing of application

39(1) The review officer shall, as soon as practicable after the latest

date for submitting the request for hearing set out in a request for

hearing that was served or sent in accordance with

section 35, file with

or submit to the Court

(

a) subject to

section 99, the documents submitted to the review

officer under

section 34(2), (3) or (4),

(

b) the review officer's report,

(

c) the draft order submitted to the review officer by the

applicant, if applicable, and

(

d) in the case of an application for a guardianship or trusteeship

order, if the applicant did not submit a draft order and the

review officer is not requesting a hearing and has not

received a request for hearing, a draft order, in Form 18,

prepared by the review officer solely on the basis of the

information set out in the application submitted to the review

officer under

section 34(3)(

a) or (4)(a),

(

e) the Court filing fee.

(2) The review officer shall file the application in the judicial centre

that the review officer considers appropriate, having regard to the

circumstances of the matter.

Powers of Court

40(1) If the review officer's report in respect of an application

indicates that no person has submitted a request for hearing to the

review officer and that the review officer is not requesting a hearing,

the Court may

(

a) consider and determine the application in the absence of the

applicant and any other persons in accordance with

section

111 of the Act, or

(

b) direct that a hearing be held in respect of the application.

(2) The Court may consider and determine an application under

subsection (1)(

a) despite evidence that a person to whom a notice of

application and request for hearing was sent under

section 35(4) or (6)

did not receive the notice of application or request for hearing.

(3) Subject to subsection (4), if the Court considers and determines the

application in the absence of the applicant and any other persons in

accordance with

section 111 of the Act and makes a

co-decision-making, guardianship or trusteeship order, the clerk of the

Court shall send a copy of the order by ordinary mail to

(

a) the assisted adult or represented adult,

(

b) the applicant,

(

c) the review officer, and

(

d) each person to whom the review officer sent notice of the

application.

(4) The Court may direct that another form of notice of a

co-decision-making, guardianship or trusteeship order be given to an

assisted adult, represented adult or other person referred to in

subsection (3) in addition to or in substitution for the notice provided

for in subsection (3).

Procedure where hearing required

41(1) Where a person has requested a hearing in accordance with

section 37 or the Court has directed that a hearing be held under

section 40(1)(b), the applicant may, after the review officer has filed

the application with the Court, proceed with the application by filing a

notice of application and hearing, in Form 39, with the Court.

(2) Unless the Court directs otherwise, the applicant shall, at least 20

days before the hearing date, serve

(

a) on the review officer the notice of application and hearing,

and

(

b) on the adult who is the subject of the application, each

proposed co-decision-maker, guardian, alternate guardian,

trustee or alternate trustee for the adult and any person who

submitted a request for hearing

(

i) the notice of application and hearing,

(ii) the documents submitted by the applicant to the review

officer, except any personal references,

(iii) the review officer's report, and

(iv) any other documents on which the applicant intends to

rely in support of the application.

(3) The review officer has no duties or functions in respect of an

application that proceeds under this section.

Application by interested person

42(1) If the applicant referred to in

section 41 does not file a notice of

application and hearing under

section 41 within 3 months after the

review officer files the application under

section 39, an interested

person may, in the same proceeding, start an application for a

co-decision-making, guardianship or trusteeship order, by filing,

subject to subsection (3)(b), the documents referred to in

section 43(2),

(3) or (4) with the Court.

(2) Subject to subsection (3), sections 43 to 46 apply with any

necessary modifications to an application started under subsection (1).

(3) An interested person who starts an application under subsection (1)

(

a) is not required to pay a Court filing fee,

(

b) may adopt the capacity assessment report that was filed in

support of the application started by the applicant referred to

section 41(1) if

(

i) the capacity assessment report is dated not more than 6

months before the date on which the notice of

application and hearing is filed, or

(ii) the Court otherwise directs that the capacity assessment

report may be adopted,

and

(

c) shall serve the notice of application and hearing on the

applicant referred to in

section 41(1).

Application for Order Started by

Notice of Application and Hearing

Application

43(1) An interested person may start an application for a

co-decision-making order under

section 13 of the Act, a guardianship

order under

section 26 of the Act or a trusteeship order under

section

46 of the Act by filing with or submitting to the Court the documents

referred to in subsection (2), (3) or (4).

(2) In the case of an application for a co-decision-making order under

section 13 of the Act, the applicant shall file or submit the following:

(

a) an application, in Form 1;

(

b) the affidavit of the applicant, in Form 2;

(

c) a capacity assessment report in the form prescribed by the

Adult Guardianship and Trustee (Ministerial) Regulation;

(

d) the consent of

(

i) each proposed co-decision-maker, in Form 12,

(

A) to act as co-decision-maker, and

(

B) to the review officer or a person acting on behalf

of the review officer obtaining a criminal records

check respecting the proposed co-decision-maker,

and

(ii) the proposed assisted adult to the appointment of the

proposed co-decision-maker, in Form 11;

(

e) a draft co-decision-making order in Form 5 to which the

proposed assisted adult has consented;

(

f) a notice of application and hearing, in Form 4;

(3) In the case of an application for a guardianship order under

section

26 of the Act, the applicant shall file or submit the following:

(

a) an application, in Form 14;

(

b) the affidavit of the applicant, in Form 15;

(

c) a capacity assessment report in the form prescribed by the

Adult Guardianship and Trustee (Ministerial) Regulation;

(

d) a guardianship plan, in Form 32;

(

e) the consent of each proposed guardian, in Form 24 or 25, and

alternate guardian, in Form 26,

(

i) to act as guardian or alternate guardian, and

(ii) in the case of a proposed guardian or alternate guardian,

to the review officer or a person acting on behalf of the

review officer obtaining a criminal records check

respecting the proposed guardian or alternate guardian;

(

f) a notice of application and hearing, in Form 17;

(4) In the case of an application for a trusteeship order under

section

46 of the Act, the applicant shall file or submit the following:

(

a) an application, in Form 14;

(

b) the affidavit of the applicant, in Form 15;

(

c) a capacity assessment report in the form prescribed in the

Adult Guardianship and Trusteeship (Ministerial)

Regulation;

(

d) a trusteeship plan, in Form 34 or 35;

(

e) either

(

i) an inventory, in Form 37, or

(ii) the proposed trustee's undertaking to file an inventory

with the Court within 6 months of the effective date of

the proposed trustee's appointment as trustee, unless the

Court dispenses with the filing of the inventory;

(

f) the consent of each proposed trustee, in Form 27 or 28, and

alternate trustee, in Form 29,

(

i) to act as trustee or alternate trustee, and

(ii) in the case of a proposed trustee or alternate trustee who

is an individual, to the review officer or a person acting

on behalf of the review officer obtaining a credit report

and a criminal records check respecting the proposed

trustee or alternate trustee;

(

g) a notice of application and hearing, in Form 17.

(5) The application must be made in a judicial centre that is

appropriate in the circumstances, having regard in particular to the

location of the adult's residence.

Service and notice

44(1) The applicant shall serve the documents filed under

section 43

on the adult.

(2) The applicant shall serve on the review officer

(

a) the documents filed under

section 43, and

(b) 2 personal references, in Form 30, for each proposed

(

i) co-decision-maker,

(ii) guardian or alternate guardian, or

(iii) trustee or alternate trustee who is an individual.

(3) The applicant shall serve the notice of application and hearing on

(

a) each supporter, co-decision-maker, guardian, alternate

guardian, trustee, alternate trustee, agent or attorney of the

adult who is the subject of the application, and

(

b) each proposed co-decision-maker, guardian, alternate

guardian, trustee or alternate trustee.

(4) The applicant shall send the notice of application and hearing to

the following persons by ordinary mail:

(

a) each of the following relatives of the adult who is the subject

of the application who resides in Canada;

(

i) spouse or adult interdependent partner;

(ii) parent;

(iii) child who is 18 years of age or older;

(iv) sister or brother who is 18 years of age or older;

(

b) if the adult who is the subject of the application resides in a

residential facility, the director of the residential facility, and

(

c) if the adult who is the subject of the application is an Indian

who is a member of a band and is ordinarily resident on a

reserve, the Chief of the Band Council.

(5) The applicant is not required to send the notice of application and

hearing to any person referred to in subsection (4)(

a) whose address

cannot be ascertained by the use of ordinary diligence.

(6) Documents must be served under subsections (1) to (3) and sent

under subsection (4) at least one month before the hearing date.

(7) A person referred to in subsection (3) or (4) may request the

applicant to provide a copy of any document filed with the Court by

the applicant.

(8) A request under subsection (7) must be in writing.

(9) Unless the Court approves a shorter period, on receiving a request

made by a person in accordance with subsections (7) and (8), the

applicant shall provide the documents to the person making the request

at least 5 days before the hearing date.

Duty of review officer

45 Except where the applicant is seeking an order under

section 26(5)

or 46(4) of the Act dispensing with service on the adult who is the

subject of the application, the review officer shall make reasonable

efforts to

(

a) meet with the adult in person,

(

b) explain to the adult

(

i) the nature and purpose of the application, and

(ii) that the adult has the right to attend and make

representations at the hearing,

and

(

c) ascertain the views and wishes of the adult respecting the

application.

Review officer's report

46(1) On receiving a notice of application and hearing under

section

44(2), the review officer shall complete the review officer's report in

accordance with this section.

(2) The review officer's report must be in a form approved by the

Minister and must include the following:

(

a) a

summary of the views and wishes of the adult who is the

subject of the application respecting the application or a

statement indicating the reasons why it was not possible for

the review officer to ascertain the adult's views and wishes;

(

b) a

summary of any information of which the review officer is

aware that relates to the suitability of a proposed

co-decision-maker, guardian, alternate guardian, trustee or

alternate trustee.

(3) The review officer may include in the review officer's report the

review officer's comments on any other matter that the review officer

considers relevant to the application.

(4) If a proposed trustee or alternate trustee is a trust corporation, a

statement that the proposed trustee or alternate trustee is registered as a

trust corporation under the Loan and Trust Corporations Act is

sufficient for the purposes of subsection (2)(b).

(5) The review officer shall

(

a) file the review officer's report with the Court, and

(

b) provide a copy of the review officer's report to the applicant

at least 2 days before the hearing date.

Review of Co-decision-making, Guardianship

or Trusteeship Order

Application by Co-decision-maker,

Guardian or Trustee Started

by Desk Application

Application

47(1) A co-decision-maker, guardian or trustee may start an

application for a review of a co-decision-making order under

section

21 of the Act, a review of a guardianship order under

section 40 of the

Act or a review of a trusteeship order under

section 70 of the Act by

desk application by submitting the documents referred to in subsection

(2), (3) or (4) to a review officer.

(2) In the case of a desk application for a review of a

co-decision-making order under

section 21 of the Act, the applicant

shall submit the following:

(

a) an application, in Form 6;

(

b) the affidavit of the applicant, in Form 7;

(

c) a capacity assessment report in the form prescribed in the

Adult Guardianship and Trusteeship (Ministerial) Regulation

(

i) the application for a review is made in accordance with

a requirement in the co-decision-making order, unless

the order provides that a capacity assessment is not

required,

(ii) the capacity of the assisted person is in issue in the

proceedings,

(iii) the applicant is requesting the termination of the

co-decision-making order, or

(iv) the applicant has reason to believe that there has been a

significant change in the capacity of the assisted person;

(

d) if the applicant is requesting the continuation, amendment or

replacement of the co-decision-making order,

(

i) the consent of

(

A) each proposed co-decision-maker, in Form 12, to

act as co-decision-maker,

(

B) each proposed new co-decision-maker, in Form 12,

to act as a co-decision-maker and to the review

officer or a person acting on behalf of the review

officer obtaining a criminal records check

respecting the proposed new co-decision-maker,

and

(

C) the assisted person, in Form 11, to the appointment

of the proposed co-decision-maker;

(ii) 2 personal references for each proposed new

co-decision-maker, if any, in Form 30;

(iii) a draft order to which the assisted person has consented.

(3) In the case of a desk application for a review of a guardianship

order under

section 40 of the Act, the applicant shall submit the

following:

(

a) an application, in Form 19;

(

b) the affidavit of the applicant, in Form 20;

(

c) a capacity assessment report in the form prescribed in the

Adult Guardianship and Trusteeship (Ministerial) Regulation

if,

(

i) the application for a review is made in accordance with

a requirement in the guardianship order, unless the order

provides that a capacity assessment is not required,

(ii) the capacity of the represented person is in issue in the

proceedings,

(iii) the applicant is requesting the termination of the

guardianship order, or

(iv) the applicant has reason to believe that there has been a

significant change in the capacity of the represented

person;

(

d) if the applicant is requesting the continuation, amendment or

replacement of the guardianship order,

(

i) a guardianship plan, in Form 32;

(ii) a record of decisions for each guardian, in Form 33;

(iii) the consent of

(

A) each proposed guardian, in Form 24 or 25, and

alternate guardian, in Form 26, to act as guardian

or alternate guardian, and

(

B) each proposed new guardian, in Form 24 or 25,

and alternate guardian, in Form 26, to act as a

guardian or alternate guardian and to the review

officer or a person acting on behalf of the review

officer obtaining a criminal records check

respecting the proposed new guardian or alternate

guardian;

(iv) 2 personal references for each proposed new guardian

or alternate guardian, if any, in Form 30.

(4) In the case of a desk application for a review of a trusteeship order

under

section 70 of the Act, the applicant shall submit the following:

(

a) an application, in Form 19;

(

b) the affidavit of the applicant, in Form 20;

(

c) a capacity assessment report in the form prescribed in the

Adult Guardianship and Trusteeship (Ministerial) Regulation

if,

(

i) the application for a review is made in accordance with

a requirement in the trusteeship order, unless the order

provides that a capacity assessment is not required,

(ii) the capacity of the represented person is in issue in the

proceedings,

(iii) the applicant is requesting the termination of the

trusteeship order, or

(iv) the applicant has reason to believe that there has been a

significant change in the capacity of the represented

person;

(

d) if the applicant is requesting the continuation, amendment or

replacement of the trusteeship order,

(

i) a trusteeship plan, in Form 34 or 35,

(ii) the consent of

(

A) each proposed trustee, in Form 27 or 28, and

alternate trustee, in Form 29, to act as trustee or

alternate trustee, and

(

B) each proposed new trustee, in Form 27 or 28, and

alternate trustee, in Form 29, who is an individual,

to act as trustee or alternate trustee and to the

review officer or a person acting on behalf of the

review officer obtaining a credit report and a

criminal records check respecting the proposed

new trustee or alternate trustee,

(iii) 2 personal references for each proposed new trustee or

alternate trustee who is an individual, if any, in Form

(5) If the applicant has not submitted all of the documents required

under subsection (2), (3) or (4), the review officer shall advise the

applicant that the documents are not complete and may return some or

all of the documents to the applicant.

(6) In addition to the documents referred to in subsections (3) and (4),

an applicant for a review of a guardianship or trusteeship order may

also submit to the review officer a draft order which may be in Form

Service and notice

48(1) If all of the documents required under

section 47(2), (3) or

(4) have been submitted to the review officer, the review officer shall

(

a) prepare a notice of application

(

i) in Form 8, in the case of an application for a review of a

co-decision-making order, or

(ii) in Form 21, in the case of an application for a review of

a guardianship or trusteeship order, and

(

b) serve and send the documents in support of the application in

accordance with subsections (2) to (7).

(2) Subject to subsection (3), the review officer shall serve the

following documents on the assisted person or represented person:

(

a) all of the documents in respect of the application that were

submitted to the review officer under

section 46, except the

personal references;

(

b) the notice of application;

(

c) a request for hearing, in Form 31.

(3) The review officer shall not serve the represented person if

(

a) the capacity assessor has included an express statement in the

capacity assessment report indicating that, in the opinion of

the capacity assessor, service of notice of the application on

the represented person would be likely to cause serious

physical or emotional harm to the represented person, or

(

b) the applicant has, in the application, requested the Court to

dispense with service on the represented person.

(4) Subject to subsection (5), the review officer shall send a copy of

the notice of application and a request for hearing, in Form 31, to the

following persons by ordinary mail:

(

a) each of the following relatives of the assisted person or

represented person whose name and address appears in the

application and who resides in Canada:

(

i) spouse or adult interdependent partner;

(ii) parent;

(iii) child who is 18 years of age or older;

(iv) sister or brother who is 18 years of age or older;

(

b) each co-decision-maker, guardian, alternate guardian, trustee,

alternate trustee, agent or attorney of the assisted person or

represented person;

(

c) each proposed co-decision-maker, guardian, alternate

guardian, trustee or alternate trustee;

(

d) if the assisted person or represented person resides in a

residential facility, the director of the residential facility;

(

e) if the assisted person or represented person is an Indian who

is a member of a band and is ordinarily resident on a reserve,

the Chief of the council of the band.

(5) The review officer shall not send documents to a person referred to

in subsection (4) if the applicant has, in the application, requested the

Court to dispense with notice to the person.

(6) If the review officer is of the opinion that it would be in the best

interests of the assisted person or represented person for any other

person to be given notice of the application, the review officer may

send the notice of application and a request for hearing, in Form 31, to

the person.

(7) Documents must be served under subsection (2) and sent under

subsections (4) and (6) at least 20 days before the date for submitting

the request for hearing.

(8) A person referred to in subsection (4) or (6) may request the

review officer to provide a copy of any document submitted by the

applicant in support of the application except

(

a) the capacity assessment report, or

(

b) the personal references.

(9) A request under subsection (8) must be

(

a) in writing, and

(

b) submitted before the date for submitting the request for

hearing.

(10) On receiving a request made by a person in accordance with

subsections (8) and (9), the review officer shall provide a copy of the

document to the person.

Duty of review officer

49 Where an assisted person or represented person is served under

section 48(2), the review officer shall make reasonable efforts to

(

a) meet with the assisted person or represented person in

person,

(

b) explain to the assisted person or represented person

(

i) the nature and purpose of the application, and

(ii) that the assisted person or represented person has the

right to request a hearing of the application and to

attend and make representations at the hearing,

and

(

c) ascertain the views and wishes of the assisted person or

represented person respecting the application.

Request for hearing

50(1) The following persons are entitled to request a hearing in

respect of an application under

section 21, 40, or 70 of the Act:

(

a) the assisted person or represented person;

(

b) the review officer;

(

c) any person to whom a notice of application and hearing was

sent under

section 48(4) or (6);

(

d) any interested person.

(2) The assisted person or represented person may request a hearing

by completing the request for hearing and submitting it to the review

officer on or before the date for submitting the request for hearing.

(3) A review officer may request a hearing in the review officer's

report.

(4) A person referred to in subsection (1)(

c) may request a hearing by

completing the request for hearing and submitting it to the review

officer on or before the date for submitting the request for hearing.

(5) An interested person referred to in subsection (1)(

d) may request a

hearing by completing a request for hearing, in Form 31, and

submitting it to the review officer before the review officer files the

application with the Court.

Review officer's report

51(1) Before filing the application with the Court, the review officer

shall complete the review officer's report in accordance with this

section.

(2) The review officer's report must be in a form approved by the

Minister and include the following:

(

a) a

summary of the views and wishes of the assisted person or

represented person respecting the application or a statement

indicating the reasons why it was not possible for the review

officer to ascertain the assisted person's or represented

person's views and wishes;

(

b) a

summary of any information of which the review officer is

aware that relates to the suitability of a proposed

co-decision-maker, guardian, alternate guardian, trustee or

alternate trustee;

(

c) a statement that

(

i) the documents referred to in

section 48(2) were

personally served on the assisted person or represented

person, or

(ii) if the documents referred to in

section 48(2) were not

personally served on the assisted person or represented

person, sets out the reasons why personal service was

not effected;

(

d) a statement identifying the persons to whom the review

officer sent a notice of application and a request for hearing

under

section 48(4) and (6);

(

e) a statement identifying any persons referred to in

section

48(4) to whom the review office did not send a notice of the

application and a request for hearing;

(

f) a statement indicating whether a document referred to in

clause (

d) was returned undelivered;

(

g) a statement indicating whether a request for hearing was

submitted to the review officer;

(

h) a statement as to whether the review officer is requesting a

hearing.

(3) The review officer may include in the review officer's report the

review officer's comments on any other matter that the review officer

considers relevant to the application.

(4) If a proposed trustee or alternate trustee is a trust corporation, a

statement that the proposed trustee or alternate trustee is registered as a

trust corporation under the Loan and Trust Corporations Act is

sufficient for the purposes of subsection (2)(b).

(5) If the review officer's report indicates that a request for hearing

was submitted to the review officer, the request for hearing must be

attached to the report.

(6) The review officer shall send the applicant a copy of the review

officer's report, including any attachments, by ordinary mail.

Filing of application

52 The review officer shall, as soon as practicable after the latest date

for submitting the request for hearing set out in a request for hearing

that was served or sent in accordance with

section 48, file with or

submit to the Court

(

a) subject to

section 99, the documents submitted to the review

officer under

section 47(2), (3) or (4), and

(

b) the review officer's report,

(

c) the draft order submitted to the review officer by the

applicant, if applicable, and

(

d) in the case of an application for review of a guardianship or

trusteeship order, if the applicant did not submit a draft order

and if the review officer is not requesting a hearing and has

not received a request for hearing, a draft order, in Form 23,

prepared by the review officer solely on the basis of the

information set out in the application submitted to the review

officer under

section 47(3)(

a) or (4)(a).

Powers of Court

53(1) If the review officer's report in respect of an application

indicates that no person has submitted a request for hearing to the

review officer and that the review officer is not requesting a hearing,

the Court may

(

a) consider and determine the application in the absence of the

applicant and any other persons in accordance with

section

111 of the Act, or

(

b) direct that a hearing be held in respect of the application.

(2) The Court may consider and determine an application under

subsection (1)(

a) despite evidence that a person to whom a notice of

application and request for hearing was sent under

section 48(4) or (6)

did not receive the notice of application or request for hearing.

(3) Subject to subsection (4), if the Court considers and determines the

application in the absence of the applicant and any other persons in

accordance with

section 111 of the Act and makes an order, the clerk

of the Court shall send a copy of the order by ordinary mail to

(

a) the assisted person or represented person,

(

b) the applicant,

(

c) the review officer, and

(

d) each person to whom the review officer sent notice of

application.

(4) The Court may direct that another form of notice of an order be

given to an assisted person, represented person or other person referred

to in subsection (3) in addition to or in substitution for the notice

provided for in subsection (3).

Procedure where hearing required

54(1) Where a person has requested a hearing in accordance with

section 50 or the Court has directed that a hearing be held under

section 53(1)(b), the applicant may, after the review officer has filed

the application with the Court, proceed with the application by filing

with the Court a notice of application and hearing, in Form 39.

(2) Unless the Court directs otherwise, the applicant shall, at least 20

days before the hearing, serve

(

a) on the review officer the notice of application and hearing,

and

(

b) on the assisted person or represented person, each proposed

co-decision-maker, guardian, alternate guardian, trustee,

alternate trustee and any person who submitted a request for

hearing

(

i) the notice of application and hearing,

(ii) the documents submitted by the applicant to the review

officer, except any personal references,

(iii) the review officer's report, and

(iv) any other documents on which the applicant intends to

rely in support of the application.

(3) The review officer has no duties or functions in respect of an

application that proceeds under this section.

Application by Co-decision-maker,

Guardian or Trustee Started by

Notice of Application and Hearing

Application

55(1) A co-decision-maker, guardian or trustee may start an

application for a review of a co-decision-making order under

section

21 of the Act, a guardianship order under

section 40 of the Act or a

trusteeship order under

section 70 of the Act by filing with or

submitting to the Court the documents set out in subsection (2), (3) or

(4).

(2) In the case of an application for a review of a co-decision-making

order under

section 21 of the Act, the applicant shall file or submit the

following documents:

(

a) an application, in Form 6;

(

b) the affidavit of the applicant, in Form 7;

(

c) a capacity assessment report in the form prescribed in the

Adult Guardianship and Trusteeship (Ministerial) Regulation

(

i) the application for a review is made in accordance with

a requirement in the co-decision-making order, unless

the order provides that a capacity assessment report is

not required,

(ii) the capacity of the assisted person is in issue in the

proceedings,

(iii) the applicant is requesting a termination of the

co-decision-making order, or

(iv) the applicant has reason to believe there has been a

significant change in the capacity of the assisted person;

(

d) if the applicant is requesting the continuation, amendment or

replacement of the co-decision-making order, the consent of

(

i) each proposed co-decision-maker, in Form 12, to act as

a co-decision-maker;

(ii) each proposed new co-decision-maker, in Form 12, to

act as a co-decision-maker and to the review officer or a

person acting on behalf of the review officer obtaining a

criminal records check respecting the proposed new

co-decision-maker;

(ii) the proposed assisted person to the appointment of the

proposed co-decision-maker, in Form 11;

(

e) a draft order, in Form 5, to which the assisted person has

consented;

(

f) a notice of application and hearing, in Form 9.

(3) In the case of an application for a review of a guardianship order

under

section 40 of the Act, the applicant shall file or submit the

following documents:

(

a) an application, in Form 19;

(

b) the affidavit of the applicant, in Form 20;

(

c) a capacity assessment report in the form prescribed in the

Adult Guardianship and Trusteeship (Ministerial) Regulation

(

i) the application for a review is made in accordance with

a requirement in the guardianship order unless the order

provides that a capacity assessment report is not

required,

(ii) the capacity of the represented person is in issue in the

proceedings,

(iii) the applicant is requesting a termination of the

guardianship order, or

(iv) the applicant has reason to believe there has been a

significant change in the capacity of the represented

person;

(

d) if the applicant is requesting the continuation, amendment or

replacement of the guardianship order,

(

i) a guardianship plan, in Form 32,

(ii) a record of decisions for each guardian, in Form 33,

(iii) the consent of

(

A) each proposed guardian, in Form 24 or 25, and

alternate guardian, if any, in Form 26, to act as

guardian or alternate guardian, and

(

B) each proposed new guardian, in Form 24 or 25,

and alternate guardian, if any, in Form 26, to act as

a guardian or alternate guardian and to the review

officer or a person acting on behalf of the review

officer obtaining a criminal records check

respecting the proposed new guardian or alternate

guardian;

(

e) a notice of application and hearing, in Form 22.

(4) In the case of an application for a review of a trusteeship order

under

section 70 of the Act, the applicant shall file or submit the

following documents:

(

a) an application, in Form 19;

(

b) the affidavit of the applicant, in Form 20;

(

c) a capacity assessment report in the form prescribed in the

Adult Guardianship and Trusteeship (Ministerial) Regulation

if,

(

i) the application for a review is made in accordance with

a requirement in the trusteeship order unless the order

provides that a capacity assessment report is not

required,

(ii) the capacity of the represented person is in issue in the

proceedings,

(iii) the applicant is requesting a termination of the

guardianship order, or

(iv) the applicant has reason to believe there has been a

significant change in the capacity of the represented

person;

(

d) if the applicant is requesting the continuation, amendment or

replacement of the trusteeship order,

(

i) a trusteeship plan, in Form 34 or 35,

(ii) the consent of

(

A) each proposed trustee, in Form 27 or 28, and

alternate trustee, in Form 29, to act as trustee or

alternate trustee, and

(

B) each proposed new trustee, in Form 27 or 28, and

alternate guardian, in Form 29, to act as trustee or

alternate trustee and to the review officer or a

person acting on behalf of the review officer

obtaining a credit report and a criminal records

check in respect of the proposed new trustee or

alternate trustee;

(

e) a notice of application and hearing, in Form 22.

Service and notice

56(1) The applicant shall serve the documents filed under

section 57

on the assisted person or represented person.

(2) The applicant shall serve on the review officer

(

a) the documents filed under

section 57, and

(b) 2 personal references, in Form 30, for each proposed new

(

i) co-decision-maker,

(ii) guardian or alternate guardian, or

(iii) trustee or alternate trustee who is an individual.

(3) The applicant shall serve the notice of application and hearing on

(

a) each co-decision-maker, guardian, alternate guardian, trustee,

alternate trustee, agent or attorney of the assisted person or

represented person, and

(

b) each proposed co-decision-maker, guardian, alternate

guardian, trustee or alternate trustee.

(4) The applicant shall send the notice of application and hearing to

the following persons by ordinary mail:

(

a) each of the following relatives of the assisted person or

represented person who resides in Canada:

(

i) spouse or adult interdependent partner;

(ii) parent;

(iii) child who is 18 years of age or older;

(iv) sister and brother who is 18 years of age or older;

(

b) if the assisted person or represented person resides in a

residential facility, the director of the residential facility;

(

c) if the assisted person or represented person is an Indian who

is a member of a band and is ordinarily resident on a reserve,

the Chief of the council of the band.

(5) The applicant is not required to send the notice of application and

hearing to any person referred to in subsection (4)(

a) whose address

cannot be ascertained by the use of ordinary diligence.

(6) Documents must be served under subsection (1) to (3) and sent

under subsection (4) at least one month before the hearing date.

(7) A person referred to in subsection (3) or (4) may request the

applicant to provide a copy of any document filed with the Court by

the applicant.

(8) A request under subsection (7) must be in writing.

(9) Unless the Court approves a shorter period, on receiving a request

made by a person in accordance with subsections (7) and (8) the

applicant shall provide the documents to the person making the request

at least 5 days before the hearing date.

Duty of review officer

57 Except where the applicant is seeking an order dispensing with

service on the assisted person or represented person, the review officer

shall make reasonable efforts to

(

a) meet with the assisted person or represented person in

person,

(

b) explain to the assisted person or represented person

(

i) the nature and purpose of the application, and

(ii) that the assisted person or represented person has the

right to attend and make representations at the hearing,

and

(

c) ascertain the views and wishes of the assisted person or

represented person respecting the application.

Review officer's report

58(1) On receiving a notice of application and hearing under

section

58(2), the review officer shall complete the review officer's report in

accordance with this section.

(2) The review officer's report must be in a form approved by the

Minister and must include the following:

(

a) a

summary of the views and wishes of the assisted person or

represented person respecting the application or a statement

indicating the reasons why it was not possible for the review

officer to ascertain the assisted person's or represented

person's views and wishes;

(

b) a

summary of any information of which the review officer is

aware that relates to the suitability of any proposed new

co-decision-maker, guardian, alternate guardian, trustee or

alternate trustee.

(3) The review officer may include in the review officer's report the

review officer's comments on any other matter that the review officer

considers relevant to the application.

(4) If a proposed trustee or alternate trustee is a trust corporation, a

statement that the proposed trustee or alternate trustee is registered as a

trust corporation under the Loan and Trust Corporations Act is

sufficient for the purposes of subsection (2)(b).

(5) The review officer shall

(

a) file the review officer's report with the Court, and

(

b) provide a copy of the review officer's report to the applicant

at least 2 days before the hearing date.

Application for Review of Co-decision-making,

Guardianship or Trusteeship Order

by Other Person

Application

59 A person other than a co-decision-maker, guardian or trustee may

start an application for a review of a co-decision-making order under

section 21 of the Act, a guardianship order under

section 40 of the Act

or a trusteeship order under

section 70 of the Act by filing with the

Court

(

a) a notice of application and hearing, in Form 39,

(

b) any other documents the applicant intends to rely on in

support of the application, and

(

c) if the capacity of the assisted person or represented person is

in issue on the application, a capacity assessment report

respecting the assisted person or represented person in the

form prescribed in the Adult Guardianship and Trusteeship

(Ministerial) Regulation.

Service and notice

60(1) The applicant shall serve the documents filed under

section 59

(

a) the assisted person or represented person,

(

b) each co-decision-maker, guardian, trustee, agent or attorney

of the assisted person or represented person, and

(

c) if the applicant is requesting the appointment of a new or

additional co-decision-maker, guardian or trustee, the review

officer.

(2) The applicant shall send the documents filed under

section 59 to

the following persons by ordinary mail:

(

a) each of the following relatives of the assisted person or

represented person who resides in Canada:

(

i) spouse or adult interdependent partner;

(ii) parent;

(iii) child who is 18 years of age or older;

(iv) sister or brother who is 18 years of age or older;

(

b) if the assisted person or represented person resides in a

residential facility, the director of the residential facility;

(

c) if the assisted person or represented person is an Indian who

is a member of a band and is ordinarily resident on a reserve,

the Chief of the council of the band.

(3) Documents must be served under subsection (1) or (2) or sent

under subsection (2) at least one month before the hearing date.

(4) The applicant is not required to send documents under subsection

(2)(

a) to a person whose address cannot be ascertained by the use of

ordinary diligence.

Application for Examination and

Approval of Trustee's Accounts

Financial statements

61 Financial statements submitted or filed on an application for

examination and approval of a trustee's accounts under

section 62 or

70 must

(

a) be verified by the affidavit of the trustee, and

(

b) include

(

i) an inventory, in Form 37, to which is attached

(

A) a current copy of the certificate of title for any land

identified in the inventory, and

(

B) a copy of the most recent statement of account for

any bank account or investment account identified

in the inventory,

(ii) a statement of transactions, which may be in Form 36,

that contains the information referred to in

section

15(1)(b)(

i) to (vi) for each transaction that occurred

during the period covered by the financial statements,

and

(iii) an overview of trusteeship accounts, in Form 38.

Desk Application

Application

62(1) A trustee may start a desk application for an examination and

approval of the trustee's accounts under

section 63(10) of the Act by

submitting the following documents to the review officer:

(

a) an application, in Form 19;

(

b) the affidavit of the applicant, in Form 20;

(

c) the financial statements.

(2) In addition to the documents referred to in subsection (1), the

applicant may submit to the review officer a draft form of order, which

may be in Form 23.

(3) If the applicant has not submitted all of the documents required

under subsection (1), the review officer shall advise the applicant that

the documents are not complete and may return some or all of the

documents that were submitted to the applicant.

Service and notice

63(1) If the desk application for examination and approval of the

trustee's accounts is being made at the same time as a desk application

for a review of the trusteeship order, the review officer shall serve the

overview of trusteeship accounts on the represented adult in addition to

the documents that are served under

section 48(2).

(2) If the desk application for examination and approval of trustee's

accounts is not being made at the same time as a desk application for a

review of the trusteeship order, the review officer shall send the

following documents to the represented adult by ordinary mail:

(

a) the application;

(

b) the affidavit of the applicant;

(

c) the overview of trusteeship accounts;

(

d) a notice of application, in Form 21;

(

e) a request for hearing, in Form 31.

(3) Subject to subsection (4), the review officer shall send the notice

of application, the overview of trusteeship accounts and a request for

hearing, in Form 31, to the following persons by ordinary mail:

(

a) each of the following relatives of the represented adult who is

the subject of the application whose name and address

appears in the application and who resides in Canada:

(

i) spouse or adult interdependent partner;

(ii) parent;

(iii) child who is 18 years of age or older;

(iv) sister or brother who is 18 years of age or older;

(

b) any guardian, alternate guardian, trustee, alternate trustee or

agent of the represented adult;

(

c) if the application is combined with an application for a

review of the trusteeship order, each proposed guardian,

alternate guardian, trustee or alternate trustee;

(

d) if the represented adult resides in a residential facility, the

director of the residential facility.

(4) The review officer shall not send documents to a person referred to

in subsection (3) if the applicant has, in the application, requested the

Court to dispense with notice to the person.

(5) If the review officer is of the opinion that it would be in the best

interests of the represented adult for any other person to be given

notice of the application, the review officer may send a notice of

application, the overview of trusteeship accounts and a request for

hearing to the person.

(6) Documents must be served under subsection (1) and sent under

subsections (2), (3) and (5) at least 20 days before the date for

submitting the request for hearing.

Request for financial statements

64(1) The represented adult or a person to whom the review officer

has sent a notice of the application under

section 63 may request the

review officer to provide a copy of the financial statements submitted

by the applicant in support of the application.

(2) A request under subsection (1) must be

(

a) in writing, and

(

b) submitted to the review officer before the date for submitting

the request for hearing.

(3) On receiving a request made by a person in accordance with

subsections (1) and (2), the review officer shall provide a copy of the

financial statements to the person.

Request for hearing

65(1) The following persons are entitled to request a hearing in

respect of an application referred to in

section 62(1):

(

a) the represented adult;

(

b) any person to whom a notice of application was sent under

section 63;

(

c) any interested person.

(2) The represented adult may request a hearing by completing the

request for hearing and submitting it to the review officer on or before

the date for submitting the request for hearing.

(3) A person referred to in subsection (1)(

b) may request a hearing by

completing the request for hearing and submitting it to the review

officer on or before the date for submitting the request for hearing.

(4) An interested person referred to in subsection (1)(

c) may request a

hearing by completing a request for hearing, in Form 31, and

submitting it to the review officer before the review officer files the

application with the Court.

Review officer's report

66(1) Before filing the application with the Court, the review officer

shall complete the review officer's report in accordance with this

section.

(2) If the desk application for examination and approval of the

trustee's accounts is combined with a desk application for a review of

the trusteeship order, the review officer's report shall, in addition to the

information required by

section 51(2), include the following:

(

a) information relating to the serving and sending of the

overview of trusteeship accounts, and

(

b) a statement that the review officer has not reviewed the

financial statements.

(3) If the desk application for examination and approval of the

trustee's accounts is not combined with a desk application for review

of the trusteeship order the review officer shall complete the review

officer's report in accordance with subsections (4) to (6).

(4) The review officer's report must be in a form approved by the

Minister and include the following:

(

a) a statement that the documents referred to in

section 63(2)

were sent to the represented adult by ordinary mail;

(

b) a statement identifying the persons to whom the review

officer sent the notice of application, the overview of

trusteeship accounts and a request for hearing under

section

63(3) and (5);

(

c) a statement identifying any persons referred to in

section

63(3) to whom the review officer did not send the notice of

application, the overview of trusteeship accounts and a

request for hearing;

(

d) a statement indicating whether a document referred to in

clause (

a) or (

b) was returned undelivered;

(

e) a statement indicating whether a request for hearing was

submitted to the review officer;

(

f) a statement that the review officer has not reviewed the

financial statements.

(5) If the review officer's report indicates that a request for hearing

was submitted to the review officer, the request for hearing must be

attached to the report.

(6) The review officer shall not

(

a) review the financial statements, or

(

b) comment on the substance of the financial statements in the

review officer's report.

(7) The review officer shall send the applicant a copy of the review

officer's report, including any attachments, by ordinary mail.

Filing of application

67(1) Where the desk application for examination and approval of the

trustee's accounts is combined with a desk application for a review of

the trusteeship order, the review officer shall file the financial

statements with the Court at the same time the review officer files or

submits the documents referred to in

section 52.

(2) Where the desk application for examination and approval of the

trustee's accounts is not combined with a desk application for review

of the trusteeship order, the review officer shall, as soon as practicable

after the latest date for submitting the request for hearing set out in a

request for hearing that was served or sent in accordance with

section

63, file with or submit to the Court

(

a) the documents submitted to the review officer under

section

62,

(

b) the review officer's report,

(

c) the draft order that was submitted to the review officer by the

applicant, if any, and

(

d) if the applicant did not submit a draft order and the review

officer has not received a request for hearing, a draft order, in

Form 23, prepared by the review officer solely on the basis of

the information set out in the application submitted to the

review officer.

Powers of Court

68(1) If the review officer's report in respect of a desk application for

examination and approval of a trustee's accounts indicates that no

person has submitted a request for hearing to the review officer, the

Court may

(

a) consider and determine the application in the absence of the

applicant and any other persons in accordance with

section

111 of the Act, or

(

b) direct that a hearing be held in respect of the application.

(2) The Court may consider and determine an application under

subsection (1)(

a) despite evidence that a person to whom a notice of

application, overview of trusteeship accounts and request for hearing

was sent under

section 63 did not receive the notice of application,

overview of trusteeship accounts or request for hearing.

(3) Subject to subsection (4), if the Court considers and determines the

application in the absence of the applicant and any other persons in

accordance with

section 111 of the Act and makes an order, the clerk

of the Court shall send a copy of the order by ordinary mail to

(

a) the represented adult,

(

b) the applicant,

(

c) the review officer, and

(

d) each person to whom the review officer sent notice of the

application.

(4) The