Alberta Regulation 126/2023

Judicature Act

ALBERTA RULES OF COURT AMENDMENT REGULATION

Filed: November 8, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 185/2023)

on November 8, 2023 pursuant to

section 28.1 of the Judicature Act.

1 The Alberta Rules of Court (AR 124/2010) are amended

by this Regulation.

2 Rule 4.15 is repealed and the following is substituted:

Case management judge presiding

at streamlined trial and trial

4.15 Unless every party and the judge agree, a case management

judge must not preside at the streamlined trial or trial of the action

for which the case management judge is appointed.

3 Rule 4.24 is amended

(

a) in subrule (1) by repealing clause (

a) and

substituting the following:

(

a) a streamlined trial is scheduled to be heard,

(

b) in subrule (3) by repealing clause (

b) and

substituting the following:

(

b) the start of a streamlined trial, the start of a trial or the

start of a hearing of an application, as the case may be,

4 Rule 4.29(4)(

b) is repealed and the following is

substituted:

(

b) in the case of a formal offer to settle made with respect to a

streamlined trial, if the offer is made less than 10 days before

the date scheduled to hear the streamlined trial,

5 The heading to

Part 7 is repealed and the following is

substituted:

Part 7

Resolving Claims Without Trial

6 The heading to Division 1 of

Part 7 is repealed and the

following is substituted:

Division 1

Resolving Particular Questions or Issues

7 Rule 7.3 is amended by adding the following after subrule

(3):

(4) If the application is unsuccessful, the Court may

(

a) direct that all or part of the claim proceeds by a streamlined

trial, and

(

b) make a procedural order respecting the streamlined trial.

8 Division 3 of

Part 7 is repealed.

9 Rule 8.1 is repealed and the following is substituted:

Mode of trial

8.1(1) A court action may be tried by

(

a) a jury trial under Division 1.1,

(

b) a judge alone, or

(

c) a judge alone at a streamlined trial under Division 5.

(2) Subject to Division 5, unless the Chief Justice directs that the

mode of trial shall be by jury, or in part by jury and in part by judge

alone, the trial must be by judge alone.

10 The following is added before rule 8.2:

Division 1.1

Jury Trial

11 The following is added after rule 8.24:

Division 5

Streamlined Trial

Use of streamlined trial

8.25(1) The Court, on application by a party or on the Court's own

motion, may order or direct that a court action be resolved by a

streamlined trial if the Court is satisfied that

(

a) it is necessary for the purpose of the action to be fairly and

justly resolved, and

(

b) it is proportionate to the importance and complexity of the

issues, the amounts involved and the resources that can

reasonably be allocated to resolving the dispute.

(2) An order or direction under subrule (1) may be made at any time,

including in chambers, at a case conference meeting or case

management meeting, at an application for judgment or at any other

appearance.

(3) A streamlined trial shall not be considered as a disproportionate

process solely because

(

a) issues of credibility may arise,

(

b) some oral evidence may be required at the trial,

(

c) cross-examination of some witnesses may be required, or

(

d) expert evidence may be introduced.

Application for streamlined trial

8.26(1) An application for a streamlined trial must be made

(

a) by filing the application in Form 36 and serving the

application on the other parties,

(

b) by submitting a written request to the Court, accompanied

with a proposed consent order directing a streamlined trial,

agreed to by all parties,

(

c) by making a request through the case management process,

(

d) as directed by the Court.

(2) At any case conference or on an application under this Division,

the judge may

(

a) direct that the trial proceed, in whole or part, as a streamlined

trial or a trial,

(

b) make a procedural order, including an order that the evidence

of any potential witness be taken before trial, or an order for

security for costs, and

(

c) give any other direction to further the purpose and intention

of the rules set out in this Division and rule 1.2.

Dispute over mode of trial

8.27(1) Any dispute about the mode of trial shall be resolved in a

summary manner, relying on

(

a) the pleadings,

(

b) statements by the parties of the issues to be resolved at the

streamlined trial,

(

c) outlines of the evidence that would be called at the

streamlined trial, and

(

d) other relevant information, if any.

(2) If the case conference judge or trial judge concludes that an

objection to the use of the streamlined trial was unjustified, the case

conference judge or trial judge, as the case may be, may do one or

more of the following:

(

a) make a procedural order;

(

b) make a costs award for costs incurred as a result of the

objection;

(

c) impose a penalty under rule 10.49.

Preparing record

8.28 The parties have a joint responsibility to prepare the record for a

streamlined trial to ensure an efficient adjudication, including by

(

a) identifying the real issues in dispute,

(

b) agreeing on relevant and material facts and records that are

not in dispute,

(

c) ensuring that only the relevant and material evidence

necessary to resolve the dispute is contained in the trial

record, and

(

d) organizing the record and the evidence to expedite the

streamlined trial and assist the trial judge.

Scheduling of streamlined trials

8.29(1) Unless otherwise provided for in the streamlined trial order or

a procedural order, a streamlined trial shall be scheduled in accordance

with Division 2 using Form 37, with all necessary modifications.

(2) Where required by the streamlined trial order, a procedural order or

a practice note, the parties to a streamlined trial must participate in an

alternative dispute resolution process in accordance with rule 4.16.

(3) When estimating the trial time needed for a streamlined trial, the

parties shall include sufficient preparation time prior to the

commencement of the trial for the trial judge to review the streamlined

trial record.

(4) No later than three months prior to the streamlined trial, the parties

must

schedule a pretrial conference or a conference under rule 4.10 to

confirm readiness for trial and the amount of trial time required and to

resolve any other issue related to the management of the streamlined

trial.

(5) The parties shall confirm the scheduled streamlined trial date in

accordance with rule 8.7.

Procedure at streamlined trial

8.30(1) The rules in Divisions 3 and 4 apply to streamlined trials,

with all necessary modifications and subject to the streamlined trial

order, any procedural order made by the streamlined trial judge or any

practice note.

(2) Subject to rule 13.18(3), the rules of evidence and any contrary

direction, evidence at a streamlined trial shall be entered by affidavit.

(3) Unless the Chief Justice otherwise directs, if a streamlined trial is

adjourned after the scheduled commencement of the trial, the assigned

trial judge shall remain seized of the action.

Decision after streamlined trial

8.31(1) A streamlined trial is a full trial on the merits.

(2) The trial judge shall grant judgment after the conclusion of the

streamlined trial.

12 Rule 12.49 is repealed and the following is substituted:

Streamlined trial

12.49 Subject to this Part and any enactment, proceedings under

this Part may be tried by a streamlined trial in accordance with

Part

8, Division 5.

13 Rule 14.5(1) is amended

(

a) by repealing clause (

e) and substituting the

following:

(

e) a decision as to a costs award only, but an appeal or

cross appeal is not "as to a costs award only" if a related

substantive decision is also being appealed;

(

b) in clause (

i) by striking out "rule 12.71" and

substituting "rule 10.26, 10.44 or 12.71".

14 Rule 14.36(3) is repealed and the following is

substituted:

(3) Any person affected by an administrative direction of a case

management officer may apply to a single appeal judge within one

month of the date of the administrative direction to have the

administrative direction rescinded, confirmed, amended or enforced.

15 The following provisions are amended by striking out

"summary trial" and substituting "streamlined trial":

rule 6.10(1) and (3)(b);

rule 6.37(1);

rule 10.31(2)(d);

rule 10.41(2)(e).

Schedule A, Division 1 is amended

(

a) by striking out

Application for a

Summary Trial

7.5(2)

and substituting

Application for a Streamlined Trial

8.26(1)(a)

(

b) in Form 33 by striking out

You are called on to admit for purposes of an

application/originating application/summary trial or trial,

and substituting

You are called on to admit for purposes of an

application/originating application/streamlined trial or trial,

(

c) by repealing Form 36 and substituting the

following:

Form 36

[Rule 8.26(1)(a)]

Clerk's stamp:

COURT FILE NUMBER

COURT OF KING'S BENCH OF ALBERTA

JUDICIAL CENTRE

PLAINTIFF(S) (APPLICANT(S))

DEFENDANT(S) (RESPONDENT(S))

DOCUMENT APPLICATION FOR STREAMLINED TRIAL

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

NOTICE TO RESPONDENT(

S) This application is made against you. You are a respondent.

You have the right to state your side of this matter before the judge.

To do so, you must be in Court when the application is heard as shown

below:

Date ___________________

Time ___________________

Where ___________________

Before Whom ___________________

Go to the end of this document to see what else you can do and when

you must do it.

Basis on which this case is appropriate for streamlined

trial:

1 Some or all of the disputed issues can be fairly and justly resolved

in a proportionate manner through the streamlined trial process, and

(

a) The parties have participated in an alternative dispute

resolution process as required by the streamlined trial order, a

procedural order or the practice note;

(

b) The action is ready to be scheduled for trial.

Issue or issues to be determined by streamlined trial:

2 All issues (or list issues to be determined at the streamlined trial)

Briefly outline the nature of the cause of action and the

main issues in dispute:

Briefly outline material or evidence to be relied on at the

streamlined trial, listing any witnesses or expert witnesses

who are likely to give oral evidence in court, and summarize

proposed mode of proceeding:

4 Draft streamlined trial order is attached.

WARNING

If you do not come to Court either in person or by your lawyer,

the Court may give the applicant(

s) what they want in your

absence. You will be bound by any order the Court makes. If

you want to take

part in this application, either you or your

lawyer must

(

a) within a reasonable time before the date scheduled for the

hearing of the application, file and serve on the applicant(s)

(

i) any material that you intend to rely on in response to the

application to hold a streamlined trial,

(ii) a brief outline of any objection you have to a streamlined

trial and your position on the other issues raised in this

application, and

(iii) a brief

summary of the evidence you would rely on at a

streamlined trial, including any witnesses or expert

witnesses who are likely to give oral evidence, and

(

b) attend in Court on the date and at the time shown at the

beginning of this form.

Schedule C, Division 2, items 10 and 11 are amended by

striking out "summary trial" wherever it occurs and

substituting "streamlined trial".

18 The Appendix is amended

(

a) in the definition of "electronic hearing" by striking out

"summary trial" and substituting "streamlined trial";

(

b) by adding the following after the definition of

"secured property":

"streamlined trial" means a streamlined trial under

Part

8, Division 5;

19 This Regulation comes into force on January 1, 2024.

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Alberta Regulation 127/2023

Government Organization Act

RECORDS MANAGEMENT AMENDMENT REGULATION

Filed: November 8, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 187/2023)

on November 8, 2023 pursuant to

Schedule 11,

section 14 of the Government

Organization Act.

1 The Records Management Regulation (AR 224/2001) is

amended by this Regulation.

Section 1(1)(

d) is amended by striking out "Service Alberta

and Red Tape Reduction" and substituting "Technology and

Innovation".

Section 2(2)(

a) is amended by striking out "Service Alberta

and Red Tape Reduction" and substituting "Technology and

Innovation".

Alberta Regulation 128/2023

Government Organization Act

EDMONTON RESTRICTED DEVELOPMENT AREA

AMENDMENT REGULATION

Filed: November 8, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 188/2023)

on November 8, 2023 pursuant to

Schedule 5,

section 4 of the Government

Organization Act.

1 The Edmonton Restricted Development Area Regulations

(AR 287/74) are amended by this Regulation.

2 The

Schedule is amended

(

a) in item 1, describing land located in Township 53,

Range 25, West of the Fourth Meridian, by striking

out

SECTION 27: Plan 882 1697 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor; All that area south

and east of Plan 882 1697 within Block 6 of Plan

179 H.W.; All that area within the northeast quarter

section 27, south of Plan 882 1697 and northeast

and northwest of Road Plan 822 3194; EXCEPTING

THEREOUT Plans 022 4775, 162 1078, 192 1124

and 182 1412.

and substituting

SECTION 27: Plan 882 1697 showing survey for descriptive

purposes of a right-of-way for a

Transportation/Utility Corridor; All that area south

and east of Plan 882 1697 within Block 6 of Plan

179 H.W.; All that area within the northeast quarter

section 27, south of Plan 882 1697 and northeast

and northwest of Road Plan 822 3194; EXCEPTING

THEREOUT Plans 022 4775, 162 1078, 192 1124,

182 1412 and 232 1934.

(

b) in item 5, describing land located in Township 53,

Range 23, West of the Fourth Meridian,

(

i) by striking out

SECTIONS Plans 892 0981, 892 0369 and 022 3214 showing

20 & 21: survey for descriptive purposes of a right-of-way for

a Transportation/Utility Corridor; Lot B of Plan

992 1889; EXCEPTING THEREOUT Plan

822 2434.

and substituting

SECTIONS Plans 892 0981, 892 0369 and 022 3214 showing

20 & 21: survey for descriptive purposes of a right-of-way for

a Transportation/Utility Corridor; Lot B of Plan

992 1889 and Plan 232 0695; EXCEPTING

THEREOUT Plan 822 2434.

(ii) by striking out

SECTIONS Plan 892 0561 and Area D of Plan 022 1099

31 & 32: showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor;

Lot 3 of Plan 8188 E.T.; All that area of the

northeast quarter of

section 31, northeast of Plan 892

0561 and southeast of Plan 5815 R.S.; EXCEPTING

THEREOUT Areas A and B of Plan 022 1099, Plans

092 9343, 192 1044 and 192 1331.

and substituting

SECTIONS Plan 892 0561 and Area D of Plan 022 1099

31 & 32: showing survey for descriptive purposes of a

right-of-way for a Transportation/Utility Corridor;

Lot 3 of Plan 8188 E.T.; All that area of the

northeast quarter of

section 31, northeast of Plan

892 0561 and southeast of Plans 5815 R.S. and

232 1970; EXCEPTING THEREOUT Areas A and

B of Plan 022 1099; Plans 092 9343, 192 1044 and

192 1331.

(

c) in item 10, describing land located in Township 51,

Range 25, West of the Fourth Meridian, by striking

out

SECTIONS Plan 882 2894 showing survey for descriptive

25 & 26: purposes of a right-of-way for a

Transportation/Utility Corridor; All that area of

Block 3 of Plan 822 0275 northwest of Plan

882 2894 within the northeast quarter of

section 25;

Plans 052 5764 and 052 5117; EXCEPTING

THEREOUT Plans 942 1206, 002 0909, 022 6075,

072 1202, 072 2548, 112 1554, 152 1453 and

172 1904.

and substituting

SECTIONS Plan 882 2894 showing survey for descriptive

25 & 26: purposes of a right-of-way for a

Transportation/Utility Corridor; All that area of

Block 3 of Plan 822 0275 northwest of Plan

882 2894 within the northeast quarter of

section 25;

Plans 052 5764 and 052 5117; EXCEPTING

THEREOUT Plans 942 1206, 002 0909, 022 6075,

072 1202, 072 2548, 112 1554, 152 1453, 172 1904

and 232 1429.

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Alberta Regulation 129/2023

ATB Financial Act

ATB FINANCIAL AMENDMENT REGULATION

Filed: November 8, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 189/2023)

on November 8, 2023 pursuant to

section 34 of the ATB Financial Act.

1 The ATB Financial Regulation (AR 187/97) is amended by

this Regulation.

Section 4 is amended

(

a) by renumbering it as

section 4(1);

(

b) in subsection (1) by adding the following after

clause (e):

(

f) a self-directed registered first home savings account

under the Income Tax Act (Canada);

(

g) any other self-directed registered fund, plan, account or

product that falls under Division G of

Part I of the

Income Tax Act (Canada).

(

c) by adding the following after subsection (1):

(2) The Minister may make guidelines for ATB in respect of a

self-directed registered fund, plan, account or product referred

to in subsection (1).

Alberta Regulation 130/2023

Financial Administration Act

INDEMNITY AUTHORIZATION AMENDMENT REGULATION

Filed: November 8, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 190/2023)

on November 8, 2023 pursuant to

section 71 of the Financial Administration Act.

1 The Indemnity Authorization Regulation (AR 22/97) is

amended by this Regulation.

2 The following is added after

section 14:

Low-pressure natural gas distribution system indemnity

15 The Minister of Affordability and Utilities is authorized on

behalf of the Crown to give an indemnity to any person with respect

to the ownership, operation or maintenance of a low-pressure natural

gas distribution system servicing residents of the Hamlet of

Riverview.

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

Alberta Regulation 131/2023

Municipal Government Act

CITY OF EDMONTON CAPITAL CITY DOWNTOWN COMMUNITY

REVITALIZATION LEVY AMENDMENT REGULATION

Filed: November 8, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 192/2023)

on November 8, 2023 pursuant to

section 381.5 of the Municipal Government Act.

1 The City of Edmonton Capital City Downtown

Community Revitalization Levy Regulation (AR 141/2013) is

amended by this Regulation.

Section 1(

b) is amended by striking out "approved by the

Lieutenant Governor in Council" and substituting "approved in

accordance with

section 381.2(4) of the Act".

Section 2(2)(

b) is repealed and the following is

substituted:

(

b) the community revitalization levy bylaw is approved in

accordance with

section 381.2(4) of the Act.

Section 4(3) is amended by striking out "section 622" and

substituting "section 618.4".

Section 5(2) is repealed.

6 Sections 12(

b) and 14(

a) are amended by striking out

"approved by the Lieutenant Governor in Council" and substituting

"approved in accordance with

section 381.2(4) of the Act".

7 The following is added after

section 14:

Reporting

14.1 Commencing in 2024, on or before May 1 of each year, the

City of Edmonton shall submit to the Minister, in the form and

manner acceptable to the Minister, a report containing the required

information relating to the community revitalization levy, including

information relating to

(

a) the amount of revenue raised by the levy from year to year,

broken down by

(

i) the equivalent of the municipal portion, and

(ii) the equivalent of the education property tax portion,

(

b) the amount of revenue raised from other sources from year to

year,

(

c) the amount of costs incurred under the community

revitalization plan from year to year, and

(

d) the incremental assessed value within the Capital City

Downtown Revitalization Levy Area for the year and

previous years.

Section 15 is repealed and the following is substituted:

Expiry

15 This Regulation expires on December 31, 2034.

Alberta Regulation 132/2023

Safety Codes Act

PRESSURE EQUIPMENT SAFETY AMENDMENT REGULATION

Filed: November 8, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 193/2023)

on November 8, 2023 pursuant to

section 65 of the Safety Codes Act.

1 The Pressure Equipment Safety Regulation (AR 49/2006)

is amended by this Regulation.

Section 1(2) is repealed and the following is substituted:

(2) In this Regulation, a reference to a professional engineer means

a professional engineer as defined in the Engineering and

Geoscience Professions Act.

3 The following provisions are amended by striking out "in

duplicate":

section 15(1);

section 16(1);

section 17(1);

section 18(2).

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

Alberta Regulation 133/2023

Responsible Energy Development Act

SPECIFIED ENACTMENTS (JURISDICTION)

AMENDMENT REGULATION

Filed: November 8, 2023

For information only: Made by the Lieutenant Governor in Council (O.C. 195/2023)

on November 8, 2023 pursuant to

section 26 of the Responsible Energy Development

Act.

1 The Specified Enactments (Jurisdiction) Regulation

(AR 201/2013) is amended by this Regulation.

Section 19(7)(

c) is repealed and the following is

substituted:

(

c) section 24 is to be read as if

(i) subsection (4) were repealed and the following were

substituted:

(4) The Alberta Energy Regulator shall use security

forfeited under subsection (1) to carry out the

conservation and reclamation activities on the specified

land in accordance with the Act, the regulations and the

order referred to in subsection (1).

(ii) subsection (6) were repealed and the following were

substituted:

(6) Where the amount required to carry out the

conservation and reclamation activities under subsection

(4) exceeds the amount of the forfeited security, the

operator remains liable to the Alberta Energy Regulator

for the difference, which amount is recoverable by the

Alberta Energy Regulator as a debt due to the Alberta

Energy Regulator.

Section 28 is amended by striking out "November 29, 2023"

and substituting "November 30, 2033".

Schedule 6,

Part 3,

section 2 is amended by adding the

following after clause (c):

(c.1)

section 24(5);

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

Alberta Regulation 134/2023

Historical Resources Act

DISPOSITIONS (MINISTERIAL) AMENDMENT REGULATION

Filed: November 15, 2023

For information only: Made by the Minister of Arts, Culture and Status of Women

(M.O. 20/23) on November 8, 2023 pursuant to

section 35 of the Historical Resources

Act.

1 The Dispositions (Ministerial) Regulation (AR 101/98) is

amended by this Regulation.

Section 1(

a) is amended by adding "and includes all

gemmological by-products of ammonite shell" after "saddles".

Section 3(3) is amended by striking out "prescribe" and

substituting "set".

Schedule 1 is amended by repealing clauses (

a) and (

b) and substituting the following:

(

a) invertebrate fossils, including

(

i) all evidence of invertebrate fossils, including tracks,

traces, molds and casts,

(ii) ammonite shell, and

(iii) oyster shell