Alberta Regulation 175/2018

Traffic Safety Act

TRAFFIC SAFETY REGULATIONS AMENDMENT REGULATION

Filed: October 2, 2018

For information only: Made by the Minister of Transportation (M.O. 29/18) on

October 1, 2018 pursuant to sections 64, 116 and 156 of the Traffic Safety Act

1(1) The Commercial Vehicle Certificate and Insurance

Regulation (AR 314/2002) is amended by this section.

(2) Section 4 is repealed and the following is substituted:

Application for a safety fitness certificate

4(1) An application for a safety fitness certificate by a registered

owner must

(

a) be made on a form satisfactory to the Registrar, containing

the information required by the Registrar,

(

b) be accompanied by the application fee prescribed in

Schedule

(

c) confirm that the applicant has a written ongoing inspection,

maintenance and repair program that meets the requirements

of the Commercial Vehicle Safety Regulation (AR 121/2009)

for all commercial vehicles in respect of which the

application is made and for any commercial vehicles which

may subsequently be acquired by the applicant,

(

d) confirm that the applicant has a written safety program that

addresses the matters described in

section 40,

(

e) confirm that one or more persons are designated in writing as

responsible for

(

i) the inspection, maintenance and repair program, and

(ii) the safety program,

(

f) provide evidence of insurance required by this Regulation

and any other enactment and, if required by the Registrar,

verification from the insurer,

(

g) provide names, addresses and contact information for the

applicant and any other information necessary to establish or

update a carrier profile,

(

h) state whether the applicant operates or proposes to operate a

commercial vehicle in a jurisdiction outside Alberta, and

(

i) state the applicant's principal place of business in Alberta.

(2) The Registrar may not issue a safety fitness certificate unless the

Registrar is satisfied that an appropriate individual has, on behalf of

the applicant,

(

a) completed the mandatory safety and compliance course

established by the Registrar, and

(

b) passed, within 180 days before the day the application is

made, the safety and compliance knowledge test established

by the Registrar with a grade satisfactory to the Registrar.

(3) For the purposes of subsection (2), the following are

"appropriate individuals" who may take the safety and compliance

knowledge test on behalf of a registered owner:

(

a) if the registered owner is an individual, the registered owner;

(

b) if the registered owner is a corporation,

(

i) an officer of the corporation, or

(ii) if the Registrar is satisfied that it would be impractical

for an officer to take the safety and compliance

knowledge test on behalf of the corporation, an

employee of the corporation who is satisfactory to the

Registrar.

(4) A registry agent giving the knowledge test referred to in

subsection (2)(

b) may charge a service charge to the individual

taking the knowledge test.

(5) The Registrar may require an applicant for a safety fitness

certificate to provide any additional information the Registrar

considers necessary to properly consider the application.

(3) The following is added after

section 4:

Application for an amendment

to a safety fitness certificate

4.1(1) An application for amendment of a safety fitness certificate

by a registered owner must be accompanied by

(

a) the application fee prescribed in

Schedule 2, and

(

b) a description of the amendment requested and the reasons for

it.

(2) The Registrar may require an applicant for an amendment to a

safety fitness certificate to provide any additional information the

Registrar considers necessary to properly consider the application.

Application for a renewal of

a safety fitness certificate

4.2(1) An application for renewal of a safety fitness certificate by a

registered owner must

(

a) be made on a form satisfactory to the Registrar, containing

the information required by the Registrar,

(

b) be accompanied by the information and confirmations set out

section 4(1) and any additional information required by the

Registrar,

(

c) if the applicant holds a safety fitness certificate issued on or

before February 28, 2019, confirm that the applicant has

comprehensive knowledge of safety laws in Alberta and, if

the applicant operates or intends to operate in a jurisdiction

outside Alberta, that the applicant will obtain comprehensive

knowledge of safety laws in that jurisdiction or those

jurisdictions and will comply with them, and

(

d) be accompanied by the application fee prescribed in

Schedule

(2) Where a registered owner has a conditional rating or if the

Registrar considers that there are or may be any compliance issues,

the Registrar may

(

a) require that the registered owner, or an appropriate individual

on behalf of the registered owner, complete the mandatory

safety and compliance course and knowledge test in

accordance with

section 4(2), or

(

b) require a compliance audit in a form satisfactory to the

Registrar.

(3) A safety fitness certificate issued on or before February 28, 2019

expires on February 28, 2022.

(4) Section 6(1) is repealed and the following is substituted:

Registrar's decision

6(1) The Registrar may, after considering an application for a safety

fitness certificate, an application for renewal of a safety fitness

certificate or an application for an amendment to a safety fitness

certificate, any carrier profile and any relevant safety fitness rating of

the applicant in Alberta and in any jurisdiction outside Alberta,

(

a) issue to the applicant a safety fitness certificate for a term not

(

b) issue to the applicant a renewal of the applicant's safety

fitness certificate for a term not to exceed 3 years, with or

(

c) refuse the application for a safety fitness certificate or the

application for a renewal of a safety fitness certificate, in

which case the applicant is to be entered in the carrier profile

with an unsatisfactory safety fitness rating,

(

d) issue an amended safety fitness certificate for a term not to

(

e) refuse the amendment.

(5) Section 7 is repealed.

(6) Section 20 is amended

(

a) in subsection (2)

(

i) by repealing clause (

b) and substituting the

following:

(

b) be accompanied by the application fee prescribed

in

Schedule 2;

(ii) by repealing clause (c);

(

b) by adding the following after subsection (2):

(2.1) The Registrar may not issue a safety fitness certificate

unless the Registrar is satisfied that an appropriate individual

has, on behalf of the applicant,

(

a) completed the mandatory safety and compliance course

established by the Registrar, and

(

b) passed, within 180 days before the day the application is

made, the safety and compliance knowledge test

established by the Registrar with a grade satisfactory to

the Registrar.

(2.2) For the purposes of subsection (2.1), the following are

"appropriate individuals" who may take the safety and

compliance knowledge test on behalf of a registered owner:

(

a) if the registered owner is an individual, the registered

owner;

(

b) if the registered owner is a corporation,

(

i) an officer of the corporation, or

(ii) if the Registrar is satisfied that it would be

impractical for an officer to take the examination

on behalf of the corporation, an employee of the

corporation who is satisfactory to the Registrar.

(2.3) A registry agent giving the knowledge test referred to in

subsection (2.1)(

b) may charge a service charge to the individual

taking the knowledge test.

(

c) by repealing subsection (3);

(

d) in subsection (4) by striking out "or amendment to it".

(7) The following is added after

section 20:

Application for an amendment

to a safety fitness certificate

20.1(1) An application for amendment of a safety fitness certificate

by a registered owner must be accompanied by

(

a) the application fee prescribed in

Schedule 2, and

(

b) a description of the amendment requested and the reasons for

it.

(2) The Registrar may require an applicant for an amendment to a

safety fitness certificate to provide any additional information the

Registrar considers necessary to properly consider the application.

Application for renewal of

safety fitness certificate

20.2(1) An application for renewal of a safety fitness certificate by

a registered owner must

(

a) be made on a form satisfactory to the Registrar, containing

the information required by the Registrar,

(

b) be accompanied by the information and confirmations set out

section 4(1) and any additional information required by the

Registrar,

(

c) if the applicant holds a safety fitness certificate issued on or

before February 28, 2019, confirm that the applicant has

comprehensive knowledge of safety laws in Alberta and, if

the applicant operates or intends to operate in a jurisdiction

outside Alberta, that the applicant will obtain comprehensive

knowledge of safety laws in that jurisdiction or those

jurisdictions and will comply with them, and

(

d) be accompanied by the application fee prescribed in

Schedule

(2) Where a registered owner has a conditional rating or if the

Registrar considers that there are or may be any compliance issues,

the Registrar may

(

a) require that the registered owner, or an appropriate individual

on behalf of the registered owner, complete the mandatory

safety and compliance course and knowledge test in

accordance with

section 4(2), or

(

b) require a compliance audit in a form satisfactory to the

Registrar.

(3) A safety fitness certificate issued on or before February 28, 2019

expires on February 28, 2022.

(8) Section 22(1) is repealed and the following is

substituted:

Registrar's decision

22(1) The Registrar may, after considering an application for a

safety fitness certificate, an application for renewal of a safety fitness

certificate or an application for an amendment to a safety fitness

certificate, any carrier profile and any relevant safety fitness rating of

the applicant in Alberta and in any jurisdiction outside Alberta,

(

a) issue to the applicant a safety fitness certificate for a term not

(

b) issue to the applicant a renewal of the applicant's safety

fitness certificate for a term not to exceed 3 years, with or

(

c) refuse the application for a safety fitness certificate or the

application for a renewal of a safety fitness certificate, in

which case the applicant is to be entered in the carrier profile

with an unsatisfactory safety fitness rating,

(

d) issue an amended safety fitness certificate for a term not to

(

e) refuse the amendment.

(9) Section 22.1 is repealed.

(10) Section 55 is amended by striking out "section 3(1)" and

substituting "section 3".

(11) Schedule 2 is amended by repealing

section 5 and

substituting the following:

5(1) Application for a safety fitness certificate 150

(2) Application for renewal of a safety

fitness certificate 110

(3) Application for amendment of a safety

fitness certificate 0

2(1) The Driver Training and Driver Examination Regulation

(AR 316/2002) is amended by this section.

(2) The title of the Regulation is repealed and the following

is substituted:

DRIVER TRAINING REGULATION

(3) Section 1 is amended

(

a) by repealing clause (

b) and substituting the

following:

(b) "Department" means the Ministry of Transportation;

(

b) by repealing clause (c);

(

c) by repealing clause (d);

(

d) by repealing clause (

f) and substituting the

following:

(f) "driver training school" means a person or partnership

that gives driver training, but does not include an

individual who

(

i) provides driver training solely for the purpose

described in clause (e)(i), and

(ii) is not receiving consideration for providing that

driver training;

(

e) by repealing clause (i);

(

f) by repealing clause (j.1).

(4) Section 2 is amended

(

a) in subsection (1) by striking out "the school" and

substituting "the driver training school";

(

b) by repealing subsection (2)(

b) and (

c) and

substituting the following:

(

b) a teacher employed by a board under the School Act

who is giving classroom training in respect of a Class 5

operator's licence only while in the course of the

teacher's employment;

(

c) a person or partnership providing instruction solely for

the purpose of improving the driving skills of that

person's or partnership's employees or prospective

employees where that instruction is not designed to train

or to qualify trainees for a purpose set out in

section

1(e)(ii) to (v);

(

d) a person or partnership providing instruction for

off-highway vehicle driving, racetrack driving or closed

circuit driving where that instruction is not designed to

train or to qualify trainees for a purpose set out in

section 1(e)(ii) to (v).

(5) Section 4(3)(

d) is amended by striking out "a person" and

substituting "an applicant".

(6) Section 7 is amended

(

a) in subsection (1)

(

i) by striking out "a person" and substituting "an

applicant";

(ii) in clause (

a) by striking out "the person" and

substituting "the applicant";

(

b) in subsection (2)

(

i) by striking out "a person" and substituting "an

applicant";

(ii) in clauses (a), (

b) and (

c) by striking out "the

person or the person's agent" and substituting "the

applicant or the applicant's agent";

(iii) in clause (

d) by striking out "the person" and

substituting "the applicant";

(iv) in clause (e)

(

A) by striking out "the person" and substituting

"the applicant";

(

B) by striking out "the person's" and

substituting "the applicant's";

(

v) in clause (

f) by striking out "the person" and

substituting "the applicant".

(7) The following is added after

section 9:

Training costs

9.1 A driver training school that provides the training course

referred to in

section 15.1 of the Operator Licensing and Vehicle

Control Regulation (AR 320/2002) may charge the applicant or

person in receipt of the training course fees up to the maximum

training course fee determined by the Registrar.

(8) Section 10(3) is repealed and the following is

substituted:

(3) To be designated a senior driving instructor under subsection

(2), a driving instructor must have, immediately prior to the date on

which the driving instructor is to be designated,

(

a) at least 2 years' experience in Alberta as a driving instructor

in the class of operator's licence for which the driving

instructor is to be designated as the senior driving instructor,

(

b) at least 2 years' experience in another jurisdiction that, in the

Registrar's opinion, is the equivalent.

(3.1) Notwithstanding subsections (1) to (3), the Registrar may

require a senior driving instructor or a driving instructor referred to

in subsection (3) who provides driving instruction in relation to a

Class 1 or 2 operator's licence to have

(

a) more than the 2 years' experience in Alberta as a driving

instructor in those classes referred to in subsection (3)(a), or

(

b) more than the 2 years' experience in another jurisdiction

referred to in subsection (3)(

b) that, in the Registrar's

opinion, is the equivalent.

(9) Section 16 is repealed and the following is substituted:

Sign

16(1) A motor vehicle other than a moped that is being used for

driver training in relation to a Class 5 operator's licence by a holder

of a driver training school licence must have a sign that

(

a) is securely mounted on top of the vehicle,

(

b) includes the name of the driver training school, and

(

c) has the words "student driver"

(

i) in letters at least 10 centimetres high and with a stroke

of 1.5 centimetres, and

(ii) that are clearly visible at all times to other drivers in

front of and behind the vehicle.

(2) A motor vehicle that is being used for driver training in relation

to a Class 1, 2, 3 or 4 operator's licence by a holder of a driver

training school licence must have a sign as determined by the

Registrar.

(10) Section 18 is repealed and the following is substituted:

Reflective vest

18 An individual who is receiving driver training for and is

operating a motorcycle or moped must wear a reflective vest that

conforms to the standards set out in the licensed driver training

school procedures manual.

(11) Section 19(2) is amended

(

a) by repealing clause (a.1) and substituting the

following:

(a.1) an individual providing instruction for off-highway

vehicle driving, racetrack driving or closed circuit

driving that is not designed to train or to qualify trainees

for a purpose set out in

section 1(e)(ii) to (v), or

(

b) in clause (

b) by adding "where that training is not

designed to train or qualify the employees or prospective

employees for a purpose set out in

section 1(e)(ii) to (v)"

after "engages the instructor".

(12) Section 20(

a) is repealed and the following is

substituted:

(

a) a completed application form indicating the type of driver

training the applicant intends to give and setting out the

information required by the Registrar for an instructor's

licence of that type,

(13) Section 22 is amended

(

a) in subsection (1)

(

i) by striking out "a person" and substituting "an

applicant";

(ii) in clause (a)(

i) by striking out "the person" and

substituting "the applicant";

(iii) in clause (

b) by striking out "the person's" and

substituting "the applicant's";

(iv) by repealing clause (

c) and substituting the

following:

(

c) the applicant has accumulated 7 or more demerit

points under the Act and regulations when the

application is made.

(

b) in subsection (2)

(

i) by striking out "a person" and substituting "an

applicant";

(ii) in clauses (

a) to (

d) by striking out "the person"

and substituting "the applicant;

(iii) in clause (e)

(

A) by striking out "the person" and substituting

"the applicant";

(

B) by striking out "the person's" and

substituting "the applicant's";

(iv) in clause (

f) by striking out "the person" and

substituting "the applicant";

(

c) by repealing subsection (3).

(14) Section 25(4) is repealed and the following is

substituted:

(4) An instructor's licence is cancelled from the time the driving

instructor accumulates 7 or more demerit points under the Act and

regulations.

(15) Part 3 is repealed and the following is substituted:

Part 3

Transitional

Transitional

definitions

26 In this

section and sections 27 and 28,

(a) "former driver examination" means a driver examination

validly conducted under the former Regulation;

(b) "former driver examiner" means the holder of an examiner's

licence under the former Regulation;

(c) "former driver examiner's licence" means a licence issued

under

Part 3 of the former Regulation and that was in effect

on February 28, 2019;

(d) "former Regulation" means the Driver Training and Driver

Examination Regulation (AR 316/2002) as it existed

immediately prior to March 1, 2019.

Former driver examiner's licence and records

27(1) A former driver examiner's licence expires on February 28,

(2) Effective on March 1, 2019 and not later than March 31, 2019, a

former driver examiner shall deliver the following to the Registrar:

(

a) the former driver examiner's licence;

(

b) all records relating to former driver examinations

administered by the former driver examiner;

(

c) all unused forms and materials that were supplied to the

person by the Government respecting former driver

examinations.

(3) A former driver examiner must not disclose personal information

about a student to anyone other than the Registrar or the student.

Former driver examinations

28(1) A former driver examination successfully completed prior to

March 1, 2019 is valid for one year for the purposes of issuing an

operator's licence under

section 15 of the Operator Licensing and

Vehicle Control Regulation (AR 320/2002).

(2) Notwithstanding subsection (1), the Registrar may decide that a

former driver examination is invalid.

(16) Section 38(1)(

d) is repealed.

(17) Section 39(1) is repealed and the following is

substituted:

Notice to report

39(1) The Registrar may, by written notice, direct a driving

instructor, the holder of a driver training school licence or a

representative of the holder of a driver training school licence to

report to a place designated by the Registrar and to discuss with a

person designated by the Registrar a practice that, in the Registrar's

opinion, is not consistent with good driver training principles or is

not in accordance with the licensed driver training school procedures

manual.

(18) Section 40 is amended

(

a) by repealing subsections (1) to (3) and substituting

the following:

Direction on practice

40(1) The Registrar may, by written notice, direct a holder of

a driver training school licence or a driving instructor to use a

practice that, in the opinion of the Registrar, is consistent with

good driver training principles or is not in accordance with the

licensed driver training school procedures manual.

(2) The Registrar may, by written notice, direct a holder of a

driver training school licence or a driving instructor to stop a

practice that, in the opinion of the Registrar, is not consistent

with good driver training principles or is not in accordance

with the licensed driver training school procedures manual.

(3) The Registrar may, by written notice, direct a driving

instructor to complete a training program specified by the

Registrar to a standard required by the Registrar.

(

b) in subsection (5) by striking out ", an instructor's

licence or an examiner's licence" and substituting "or an

instructor's licence".

(19) Section 43(3) is repealed.

(20) Section 49 is amended

(

a) by repealing subsection (1) and substituting the

following:

Cancellation, etc. - instructors

49(1) The Registrar may cancel or suspend an instructor's

licence if

(

a) the holder of the licence makes a false statement in the

application for the licence,

(

b) the holder of the licence provides false information to

the Registrar,

(

c) the holder of the licence refuses to produce information

as required under this Regulation,

(

d) the holder of the licence contravenes this Regulation,

(

e) the holder of the licence contravenes a direction by the

Registrar under this Regulation,

(

f) the holder of the licence contravenes a term or condition

of the licence,

(

g) the holder of the licence contravenes a provision of the

licensed driver training school procedures manual,

(

h) in the opinion of the Registrar, it is not in the public

interest for the person to continue to hold a licence, or

(

i) the holder of the licence or the holder's agent or

employee fails to pay an administrative penalty in

accordance with

section 143 of the Act.

(

b) by repealing subsection (2) and substituting the

following:

(2) The Registrar may suspend an instructor's licence for one or

more specified periods or pending the final disposition of an

appeal by the court if

(

a) the holder of the licence is charged with an offence

under the Criminal Code (Canada) that is related to the

functions, duties or business of a driving instructor,

including, without limitation, the offences of forgery,

the use of false pretences, bribery, extortion, conspiracy

to defraud or theft or an offence involving moral

turpitude or the unlawful operation of a vehicle, and

(

b) the Registrar is of the opinion that the licence should be

suspended.

(

c) by repealing subsection (4).

(21) Section 51(4) is repealed and the following is

substituted:

(4) The Registrar may require the holder of an instructor's licence to

successfully complete a training program specified by the Registrar.

(22) Section 53(3) is repealed.

(23) Section 55(7) is repealed.

(24) Section 58 is repealed.

(25) Section 59(

c) is repealed.

(26) Section 60(3) is repealed.

(27) Section 62 is repealed.

3(1) The Operator Licensing and Vehicle Control

Regulation (AR 320/2002) is amended by this section.

(2) Section 1(

e) is amended by striking out "a person

authorized as a driver examiner under the Driver Training and Driver

Examination Regulation" and substituting "a person designated by

the Registrar as an examiner under

section 15(2.1)".

(3) Section 15 is amended

(

a) in subsection (2)(

c) by striking out "an examination of

the person's driving ability" and substituting "the road

tests, knowledge tests and any other examinations that the

Registrar considers necessary to confirm the person's driving

ability";

(

b) by adding the following after subsection (2):

(2.1) A person designated by the Registrar as an examiner for

the purposes of subsection (2)(

c) must conduct the examinations

established by the Registrar in accordance with the standards

established by the Registrar.

(4) The following is added after

section 15:

Mandatory training for Class 1 or

Class 2 operator's licence

15.1(1) An applicant for a Class 1 or a Class 2 operator's licence, if

it is the operator's first application for an operator's licence of that

class, is ineligible to take the examinations established by the

Registrar for a Class 1 or a Class 2 operator's licence, as applicable,

until the applicant has successfully completed the training course

established by the Registrar in accordance with the standards

established by the Registrar for a Class 1 or a Class 2 operator's

licence, as applicable.

(2) Subsection (1) does not apply to an operator licensed or

registered in good standing in another jurisdiction that is recognized

by the Registrar as having substantively equivalent training.

(3) Notwithstanding subsections (1) and (2), the Registrar may, as

the Registrar considers necessary, require any applicant for a Class 1

or 2 operator's licence to successfully complete the training course

referred to in subsection (1).

Transitional - Class 1 or Class 2 operator's

licence issued between October 10, 2018

and February 28, 2019

15.2(1) A person who holds a Class 1 or a Class 2 operator's

licence issued between October 10, 2018 and February 28, 2019

must, on or before February 28, 2020, successfully complete

(

a) the knowledge test established by the Registrar, and

(

b) the road test established by the Registrar.

(2) The Registrar shall

(

a) pay the service charge for a person's first attempt to complete

the knowledge test and the road test referred to in subsection

(1), and

(

b) not charge the fee for the road test for a person's first attempt

to complete road test referred to in subsection (1).

(3) If the first attempt at the knowledge test or the first attempt at the

road test is not successful, a person referred to in subsection (1)

(

a) may apply for a second attempt, and

(

b) must pay

(

i) the service charges for the knowledge test and the road

test referred to in subsection (1), and

(ii) the fee for the road test referred to in subsection (1).

(4) A person referred to in subsection (1) must apply for a Class 1 or

Class 2 operator's licence pursuant to

section 15.1,

(

a) on the date of their second attempt, if the person does not

successfully complete the knowledge test or the road test

under this section, or

(

b) effective February 28, 2020, if the person fails to comply

with this section.

(5) The Class 1 or Class 2 operator's licence of a person referred to

in subsection (4) is of no force or effect, and the person is deemed to

be the holder of an operator's licence of a Class held by that person

when that person first applied for a Class 1 or Class 2 operator's

licence.

(5) The following is added before

section 21:

Definitions

20.5 For the purposes of this Division,

(a) "CSA-D250" means the Canadian Standards Association

Standard D250, School Buses;

(b) "originally foreign bus" means a commercial vehicle that

does not meet the requirements of a Type A1, A2, B, C or D

school bus described in CSA-D250-16, or a version of

CSA-D250 applicable at the time of manufacture and that is

used to transport passengers;

(c) "school bus" means a commercial vehicle that

(

i) meets the requirements of a Type A1, A2, B, C or D

school bus described in CSA-D250-16, or a version of

CSA-D250 applicable at the time of manufacture and

that is used primarily to transport passengers and

includes

(

A) a school bus as defined in the Commercial Vehicle

Safety Regulation (AR 121/2009),

(

B) a multifunction school activity bus as described in

CSA-D250-16, and

(

C) a commercial vehicle that is registered as a

kindergarten bus,

(ii) is an originally foreign bus,

but does not include a transit bus as defined in the Vehicle

Inspection Regulation (AR 211/2006).

(6) Section 27(

d) is amended by striking out "section 31" and

substituting "sections 29 and 31".

(7) The following is added after

section 27:

School bus

27.1 No person shall drive a school bus unless the person

(

a) holds an operator's licence that is endorsed by the Registrar

to permit the operation of a school bus, or

(

b) is learning to drive a school bus and the person and

supervisor comply with sections 29 and 31.

(8) Section 45(

f) is amended by striking out "Public Vehicle

Dimension and Weight Regulation" and substituting "Commercial

Vehicle Dimension and Weight Regulation (AR 315/2002)".

(9) Section 60(2) is amended by striking out "the maximum

allowable weight for that vehicle as determined by

section 9(1)(

k) of

the Public Vehicle Dimension and Weight Regulation" and

substituting "the maximum gross weight allowed for that vehicle as

determined by

section 9(1)(

k) of the Commercial Vehicle Dimension

and Weight Regulation (AR 315/2002)".

(10) The following is added after

section 119:

Fees for road tests

119.1 The fees for a road test are as follows:

CLASS

FEE

$189.00

$139.00

$127.00

$113.00

$ 55.00

5 Advanced

$110.00

$115.00

6 Advanced

$115.00

Coming into force

4(1) Sections 1 and 3 come into force on March 1, 2019.

(2) Section 2(1) to (26) come into force on March 1, 2019.

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

Alberta Regulation 176/2018

Provincial Court Act

PROVINCIAL COURT CIVIL PROCEDURE REGULATION

Filed: October 2, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 288/2018)

on October 1, 2018, 2018 pursuant to

section 9 of the Provincial Court Act.

Table of Contents

Definitions

2 Monetary limit

Part 1

Pleadings

3 Civil claim

4 Time for service of civil claim

5 Dispute note and counterclaim

6 Failure to file dispute note to civil claim

7 Dispute note to counterclaim

8 Failure to file dispute note to counterclaim

9 Third party claim

10 Dispute note to third party claim

11 Failure to file dispute note to third party claim

12 Amendments to pleadings

13 Parties confined to pleadings

Part 2

Scheduling a Pre-trial Conference,

Simplified Trial or Trial

14 Resolution tracks

15 Disclosure of records and documents

16 Location of pre-trial conference, simplified trial or trial

17 Change of location

18 Adjournment

Part 3

Payment into Court, Admission of Liability

and Withdrawal or Consent Judgment

19 Payment into Court

20 Admission of indebtedness or liability

21 Withdrawal of claim or consent judgment

Part 4

Electronic Hearing

22 Electronic hearing

Part 5

Binding Judicial Dispute

Resolution Proceeding

23 Binding judicial dispute resolution proceeding

Part 6

Applications to the Court

24 Application to the Court

25 Applications without notice

26 How the Court considers applications

Part 7

Witnesses

27 Notice to attend as witness

28 Witness allowance

Part 8

Simplified Trial

29 Court direction

30 Trial statement

Part 9

Failure to Appear at Pre-trial

Conference or Trial

31 Failure to appear

Part 10

Judgment

32 Setting aside or varying judgment or dismissal

33 Counterclaim

34 Costs and interest

35 Payment hearings

36 Filing of judgment at the Court of Queen's Bench

37 Notice of appeal

Part 11

Costs

38 General rule for payment of litigation costs

39 Litigation expenses recoverable as costs

Part 12

Service

40 Definition of commencement document

Division 1

Service of Commencement Documents

41 Service of commencement documents on individual

42 Service of commencement documents on corporation

43 Service of commencement documents on partnership

44 Service of commencement documents on local authority

45 Service of commencement documents on party providing address

for service

Division 2

Service of Documents Other Than

Commencement Documents

46 Service of documents other than commencement documents

Division 3

Proving, Validating or Dispensing with

Service, and Substitutional Service

47 Proof of service

48 Validating or dispensing with service

49 Substitutional service

Division 4

Address for Service

50 Address for service

Part 13

Transitional Provisions, Consequential Amendment,

Repeal and Coming into Force

51 Definition

52 Regulation applies to existing proceedings

53 Resolution of difficulty or doubt

54 Time limits

55 New test or criteria

56 Consequential amendment

57 Repeal

58 Coming into force

Schedule

Definitions

1(1) In this Regulation,

(a) "Act" means the Provincial Court Act;

(b) "civil claim" means the document that commences an action

under

Part 4 of the Act;

(c) "file" means to present a document to a clerk and obtain an

acknowledgment from the clerk that the document is part of

the Court record;

(d) "prescribed form" means in the form prescribed by the

Minister under

section 9(2)(

h) of the Act;

(e) "trial" includes a simplified trial under

Part 8 unless the

context requires otherwise.

(2) For the purposes of

section 24.2 of the Act, "defend a claim"

means file a dispute note, dispute note to counterclaim or dispute note

to third party claim, as the case may be.

(3) For the purposes of the Act and this Regulation, "pleading" means

a civil claim, dispute note with or without a counterclaim,

counterclaim, dispute note to counterclaim, third party claim and

dispute note to third party claim.

Monetary limit

2 For the purposes of

section 9.6(1)(a)(

i) of the Act, $50 000 is

prescribed as the amount in respect of which the Court has jurisdiction

to hear and adjudicate on any claim or counterclaim referred to in

section 9.6(1)(a)(

i) of the Act.

Part 1

Pleadings

Civil claim

3(1) A person may make a claim by filing a civil claim in the

prescribed form.

(2) A civil claim must clearly state

(

a) the particulars of the plaintiff's claim,

(

b) the remedy sought by the plaintiff, and

(

c) the plaintiff's address for service of documents.

(3) The civil claim and a blank copy of the prescribed form of dispute

note shall be served on the defendant by the plaintiff in accordance

with Division 1 of

Part 12.

(4) A civil claim and a blank copy of the prescribed form of dispute

note may be served outside Alberta without an order of the Court.

Time for service of civil claim

4(1) A civil claim shall be served on the defendant within one year

after the date that the civil claim is filed unless the Court, on

application filed before the one-year time limit expires, grants an

extension of time for service.

(2) An extension of time for service under this

section shall not exceed

3 months.

(3) If a civil claim is served within an extension of time for service

granted under subsection (1), the civil claim that is served must be

accompanied with

(

a) a copy of the order granting the extension, or

(

b) a written notice of the order granting the extension.

(4) If a civil claim is not served on a defendant within the time or

extended time for service set out in this section, no further proceedings

may be taken in the action against a defendant who was not served in

time.

(5) A civil claim served on any defendant within the time or extended

time for service set out in this

section is not affected by the failure to

serve any other defendant in time.

Dispute note and counterclaim

5(1) A defendant may

(

a) satisfy the civil claim, or

(

b) defend the civil claim by filing a dispute note in the

prescribed form,

(

i) if the defendant is served in Alberta, within 20 days

from the date of service of the civil claim, or

(ii) if the defendant is served outside Alberta, within 30

days from the date of service of the civil claim.

(2) A dispute note must clearly state

(

a) the nature or grounds of the defendant's defence,

(

b) where the claim is disputed in part only, which parts or items

are disputed,

(

c) where the claim is admitted in part, which parts or items are

admitted,

(

d) the particulars of the defendant's claim for set-off, if any,

(

e) the particulars of the defendant's counterclaim, if any, and

(

f) the defendant's address for service of documents.

(3) A defendant may file a dispute note after the expiry of the

applicable time in subsection (1) unless the defendant has been noted

in default or a default judgment has been entered.

(4) On the filing of a dispute note under this section, the clerk shall

send a copy of the dispute note to all parties other than the party who

filed the dispute note and any new party added in a counterclaim

included in the dispute note.

(5) For the purposes of subsection (4),

(

a) a copy of a dispute note may be sent to a party at

(

i) the party's address for service, or

(ii) the party's last known address, if the party has not yet

provided an address for service,

and

(

b) despite

section 46, the sending of a dispute note to a party in

accordance with clause (

a) constitutes service of the dispute

note and any included counterclaim.

(6) Where a dispute note includes a counterclaim adding a new party,

the defendant shall serve the dispute note and counterclaim,

accompanied with a blank copy of the prescribed form of dispute note

to counterclaim, on the new party

(

a) in accordance with Division 1 of

Part 12 as if the dispute note

were a commencement document, and

(

b) within 30 days after the filing of the dispute note and

counterclaim, unless the Court orders otherwise.

(7) Except when the context or this Regulation otherwise provides, a

provision that applies to or in respect of

(

a) a plaintiff applies equally to or in respect of a plaintiff by

counterclaim,

(

b) a defendant applies equally to or in respect of a defendant by

counterclaim, and

(

c) a pleading related to a claim made by a civil claim applies

equally to or in respect of a pleading related to a

counterclaim.

Failure to file dispute note to civil claim

6(1) If a defendant has not filed a dispute note to the civil claim and

the time for doing so under

section 5 has expired, on filing proof of

service of the civil claim and a blank copy of the prescribed form of

dispute note on the defendant, the plaintiff may file

(

a) a request to enter default judgment in the prescribed form

against the defendant for the full amount of the claim, if the

claim is for a debt or liquidated demand, or

(

b) a request to note the defendant in default in the prescribed

form, if the claim is not for a debt or liquidated demand.

(2) Where a defendant is noted in default under this section, the

plaintiff may, without notice to the defendant, apply to the Court for

judgment against the defendant, and on proof of the plaintiff's claim,

the Court may do one or more of the following:

(

a) enter judgment;

(

b) make any necessary order;

(

c) direct an assessment of damages, with or without notice to

the defendant or other parties;

(

d) adjourn the application and order additional evidence to be

provided;

(

e) dismiss the civil claim or a part of it;

(

f) direct that the civil claim proceed to trial and that notice be

served on every other defendant;

(

g) make a costs award in favour of the plaintiff.

(3) An application for judgment under subsection (2) may proceed

without the attendance of the plaintiff, if the plaintiff has filed an

affidavit in the prescribed form in support of the application.

(4) If the Court has directed an assessment of damages under

subsection (2)(

c) with notice to the defendant or other parties, at least 7

days before the date of the assessment hearing the plaintiff shall serve

notice of the time, date and location of the assessment hearing on

(

a) the defendant in accordance with Division 1 of

Part 12 as if

the notice were a commencement document, and

(

b) all other parties to the action in accordance with Division 2

Part 12.

(5) If judgment is entered under this

section against some but not all

defendants, the plaintiff may continue the claim in respect of any

defendant against whom judgment is not entered.

Dispute note to counterclaim

7(1) Despite subsections (2) to (5), a defendant by counterclaim who

is not a new party to the action is not required to file a dispute note to

counterclaim, unless the Court orders otherwise.

(2) Where a dispute note includes a counterclaim, the defendant by

counterclaim shall

(

a) satisfy the counterclaim, or

(

b) defend the counterclaim by filing a dispute note to

counterclaim in the prescribed form.

(3) A dispute note to counterclaim under this

section shall be filed

(

a) in the case referred to in subsection (2)(b),

(

i) within 20 days from the date of service of the dispute

note and counterclaim, if the party was served in

Alberta, or

(ii) within 30 days from the date of service of the dispute

note and counterclaim, if the party was served outside

Alberta,

(

b) in the case of a dispute note to counterclaim filed under an

order referred to in subsection (1), within the time directed

by the Court.

(4) A dispute note to counterclaim must clearly state

(

a) the nature or grounds of the party's defence to the

counterclaim,

(

b) where the counterclaim is disputed in part only, which parts

or items are disputed,

(

c) where the counterclaim is admitted in part, which parts or

items are admitted, and

(

d) the party's address for service of documents.

(5) The clerk shall send a copy of the dispute note to counterclaim to

all parties at their addresses for service.

Failure to file dispute note to counterclaim

8(1) If a defendant by counterclaim who is required under

section 7 to

file a dispute note to counterclaim has failed to do so, the plaintiff by

counterclaim may file a request to note the defendant by counterclaim

in default in the prescribed form.

(2) If a defendant by counterclaim has been noted in default under

subsection (1), no further proceedings may be taken on the

counterclaim except with the permission of the Court.

Third party claim

9(1) A defendant or third party defendant may file a third party claim

in the prescribed form against another person who

(

a) is or might be liable to the party filing the third party claim

for all or part of the claim against that party,

(

b) is or might be liable to the party filing the third party claim

for an independent claim arising out of

(

i) a transaction or occurrence or series of transactions or

occurrences involved in the action between the plaintiff

and the defendant, or

(ii) a related transaction or occurrence or series of related

transactions or occurrences,

(

c) should be bound by a decision respecting an issue between

the plaintiff and the defendant.

(2) A third party claim shall be filed and served by the third party

plaintiff on the third party defendant, the plaintiff and the other

defendants

(

a) within 30 days, or another time permitted by the Court, after

the dispute note is filed, and

(

b) before judgment is entered against the defendant or the

defendant is noted in default.

(3) The third party claim shall be served on the third party defendant

in accordance with Division 1 of

Part 12, accompanied with

(

a) a copy of any filed civil claim,

(

b) a copy of any filed dispute note, and

(

c) a blank copy of the prescribed form of dispute note to third

party claim.

(4) The third party claim shall be served on the plaintiff and

defendants other than the third party defendant in accordance with

Division 2 of

Part 12.

(5) Except when the context or this Regulation otherwise provides, a

provision that applies to or in respect of

(

a) a plaintiff applies equally to or in respect of a third party

plaintiff,

(

b) a defendant applies equally to or in respect of a third party

defendant, and

(

c) a pleading related to a claim made by a civil claim applies

equally to or in respect of a pleading related to a third party

claim.

Dispute note to third party claim

10(1) A dispute note to third party claim in the prescribed form shall

be filed

(

a) within 20 days from the date of service of the third party

claim, if the third party defendant is served in Alberta, or

(

b) within 30 days from the date of service of the third party

claim, if the third party defendant is served outside Alberta.

(2) On the filing of a dispute note to third party claim, the clerk shall

send a copy of the dispute note to third party claim to all parties at their

addresses for service, other than the third party defendant that filed the

dispute note to third party claim.

Failure to file dispute note to third party claim

11(1) If a third party defendant fails to file a dispute note to third

party claim under

section 10, the third party plaintiff may file a request

to note the third party defendant in default in the prescribed form.

(2) If a third party defendant has been noted in default under

subsection (1), no further proceedings may be taken on the third party

claim except with the permission of the Court.

Amendments to pleadings

12(1) A party may amend the party's pleadings at any time before the

action has been scheduled for a mediation, pre-trial conference,

binding judicial dispute resolution proceeding or trial.

(2) After an action is scheduled for a mediation, pre-trial conference,

binding judicial dispute resolution proceeding or trial, a party may not

amend the party's pleadings unless

(

a) all parties have agreed in writing to the amendment, and this

agreement has been filed, or

(

b) the party, on application, has obtained the permission of the

Court.

(3) If the Court gives permission referred to in subsection (2)(b), the

Court shall specify the time period within which the amended pleading

shall be filed.

(4) A party who amends a pleading under this

section shall file a copy

of the amended pleading and shall ensure

(

a) the copy is marked "Amended", and

(

b) any changes to the last filed copy of the pleading are

identified in the copy.

(5) On the filing of an amended pleading, other than the amended

pleadings referred to in subsection (6), the clerk shall send a copy of

the amended pleading to all parties who have provided an address for

service.

(6) If a party files

(

a) an amended civil claim,

(

b) an amended third party claim, or

(

c) an amended pleading adding a new party,

the party shall serve a copy of the amended pleading on each of the

other parties to the action in accordance with Division 1 of

Part 12.

(7) An amended pleading that is required to be served under

subsection (6) must be served on each of the other parties

(

a) within 10 days after the date on which it is filed,

(

b) if the pleading is a civil claim that has not yet been served,

within the time or extended time for service of a civil claim

set out in

section 4, or

(

c) if the pleading is a third party claim that has not yet been

served, within the time for service of a third party claim set

out in

section 9(2).

(8) A party who is served with an amended pleading is not required to

amend that party's own pleadings.

Parties confined to pleadings

13 At a trial, unless the Court is satisfied that sufficient cause is

shown, and permits otherwise, the parties are confined to the

particulars set out in their pleadings.

Part 2

Scheduling a Pre-trial Conference,

Simplified Trial or Trial

Resolution tracks

14(1) On the filing of a dispute note under

section 5, the Court shall,

subject to sections 64.1 and 65 of the Act and having regard to

section

36.1 of the Act, direct that the action be set for

(

a) a pre-trial conference,

(

b) a simplified trial under

Part 8, or

(

c) a trial.

(2) Notwithstanding that a direction has been made under subsection

(1) that an action be set for a simplified trial or a trial, the Court may at

any time, on its own motion or an application by a party, direct that the

action instead proceed by way of the other proceeding.

(3) The Court may at any time advise the parties to consider

participating in a binding judicial dispute resolution proceeding.

(4) If the Court makes a direction under subsection (1), the clerk shall

(

a) set the time, date and location of the pre-trial conference,

simplified trial or trial, and

(

b) send to all parties at their addresses for service a notice of the

time, date and location set for the pre-trial conference,

simplified trial or trial.

(5) A proceeding referred to in this

section is not invalid by reason

only that it was held at a time, date or location other than the time, date

or location set out in the notice referred to in subsection (4)(b).

Disclosure of records and documents

15 The parties shall comply with any direction or notice given by the

Court to produce records and documents in the possession or power of

the parties that relate to the issues in the action.

Location of pre-trial conference, simplified trial or trial

16(1) For the purposes of

section 14(4), the clerk shall set the pre-trial

conference, simplified trial or trial at the location where the Court

holds regular sittings that is closest to the place where

(

a) the defendant resided or carried on business at the time that

the civil claim was filed, or

(

b) the cause of action arose.

(2) Despite subsection (1), the parties may agree to have the pre-trial

conference, simplified trial or trial held at a location other than as

provided for in subsection (1).

Change of location

17 The Court may, on its own motion or on application by a party,

order that a pre-trial conference, simplified trial or trial be held at a

time, date or location other than that set out in the notice referred to in

section 14(4)(

b) or at a location other than that agreed to by the parties

under

section 16(2).

Adjournment

18 The Court may adjourn a pre-trial conference, simplified trial or

trial to another date

(

a) on the application of a party, on notice to the other parties,

(

b) on the failure of a party to attend,

(

c) if insufficient time is allotted to complete the pre-trial

conference, simplified trial or trial, or

(

d) on the Court's own motion.

Part 3

Payment into Court, Admission

of Liability and Withdrawal

or Consent Judgment

Payment into Court

19(1) A party may at any time before the date of the trial pay into

Court a sum of money to satisfy, as the case may be,

(

a) the plaintiff's claim, including interest and costs, or

(

b) the defendant's counterclaim, including interest and costs.

(2) When a party makes a payment under subsection (1), the clerk

shall send to the other party, at that party's address for service, a notice

setting out the date payment was made, and the amount paid in respect

of the claim or counterclaim, including interest and costs.

(3) If a party accepts in writing the payment made under subsection

(1) in full satisfaction of the claim or counterclaim, including interest

and costs, the clerk shall pay the money to that party.

(4) If a party has not accepted payment within 30 days of the sending

of the notice referred to in subsection (2) or has refused the payment,

the payment into Court is considered to be rejected, and the money

shall be returned to the party who paid the money into Court.

(5) If a party proceeds with the claim or counterclaim, as the case may

be, after receiving the notice referred to in subsection (2) and is not

awarded a sum greater than the amount paid into the Court, that party

is liable to the other party for those costs incurred after the payment

into Court, unless the Court otherwise orders.

(6) Despite subsection (4), the Court may, at any time, make an order

with respect to the disposition of the money paid into Court under

subsection (1).

(7) No interest accrues to money paid into Court under subsection (1).

Admission of indebtedness or liability

20(1) A party may admit the party's indebtedness or liability in whole

or in part by including the admission in the dispute note or the dispute

note to counterclaim or by filing a notice to that effect.

(2) When a party admits indebtedness or liability in whole under

subsection (1), the Court may order that judgment be entered with

respect to the claim or counterclaim.

(3) When a party admits indebtedness or liability in part under

subsection (1), the Court may

(

a) order that a partial judgment be entered with respect to the

claim or counterclaim, as the case may be, in an amount

based on the extent of the admission, and

(

b) direct a hearing to address the balance of the claim or

counterclaim.

Withdrawal of claim or consent judgment

21(1) At any time,

(

a) a party may withdraw the party's claim or counterclaim, as

the case may be, by filing a notice to that effect, or

(

b) the parties may consent to a judgment being entered.

(2) When a party files a notice under subsection (1)(a), the clerk shall

send all other parties a copy of the notice at their addresses for service.

(3) Within 30 days after the notice of the withdrawal of the claim or

counterclaim is sent by the clerk to the other parties to the claim or

counterclaim, each of the other parties may apply to the Court for

costs.

(4) When a consent judgment under subsection (1)(

b) is entered, the

clerk shall send all other parties a copy of the judgment at their

addresses for service.

Part 4

Electronic Hearing

Electronic hearing

22(1) In this section, "electronic hearing" means an application,

proceeding or trial conducted, in whole or in part, by electronic means

in which all the participants in a hearing and the Court can hear each

other, whether or not all or some of the participants and the Court can

see each other or are in each other's presence.

(2) An electronic hearing may be held if

(

a) the parties agree and the Court so permits, or

(

b) on application, the Court orders an electronic hearing.

(3) The Court may

(

a) direct that an application for an electronic hearing be heard

by electronic hearing,

(

b) direct that an application, proceeding or trial be heard in

whole or in part by electronic hearing,

(

c) give directions about arrangements, including any expenses,

for the electronic hearing,

(

d) give directions about the distribution of records and

documents and the practice and procedure for the electronic

hearing, or

(

e) order that an electronic hearing be completed in person.

(4) The clerk shall participate in an electronic hearing unless the Court

directs otherwise.

Part 5

Binding Judicial Dispute

Resolution Proceeding

Binding judicial dispute resolution proceeding

23(1) The written agreement of the parties to participate in a binding

judicial dispute resolution proceeding under

section 64.1 of the Act

must include an acknowledgment that

(

a) the process is confidential,

(

b) no record will be kept of the proceeding,

(

c) the judge is not bound by the laws of evidence applicable to

judicial proceedings,

(

d) the judge may meet privately with a party in order to

facilitate settlement,

(

e) after hearing from all parties, if the action does not settle, the

judge may give a final and binding judgment that may

include costs, and

(

f) a judgment referred to in clause (

e) cannot be appealed.

(2) If, under

section 64.1 of the Act, the Court is to conduct a binding

judicial dispute resolution proceeding, the clerk shall

(

a) set the time, date and location of the binding judicial dispute

resolution proceeding, and

(

b) send to all parties at their addresses for service a notice of the

time, date and location set for the binding judicial dispute

resolution proceeding.

(3) Notwithstanding that an action has been set for a binding judicial

dispute resolution proceeding, and despite the written agreement of the

parties, at any time before, during or at the conclusion of the binding

judicial dispute resolution proceeding, the judge may

(

a) give direction regarding the practice or procedure for the

binding judicial dispute resolution proceeding,

(

b) adjourn the binding judicial dispute resolution proceeding, or

(

c) terminate the binding judicial dispute resolution proceeding

and direct the parties to a pre-trial conference or trial.

(4) A party shall comply with any direction or notice given by the

Court to produce records and documents that are in the party's

possession or power that relate to the issues in the action.

(5) If a party fails to comply with a direction or notice provided under

subsection (3)(

a) or (4), the judge may

(

a) provide further direction to the party who failed to comply,

and reschedule the binding judicial dispute resolution

proceeding to a future date,

(

b) proceed with the binding judicial dispute resolution

proceeding and give a final and binding judgment based on

the information before the judge, or

(

c) terminate the binding judicial dispute resolution proceeding

and direct the parties to proceed to a pre-trial conference or

trial.

(6) If a party fails to appear at the binding judicial dispute resolution

proceeding, the judge may

(

a) terminate the binding judicial dispute resolution proceeding

and direct the parties to proceed to a pre-trial conference or

trial, or

(

b) strike out pleadings and enter judgment.

(7) The judge who directs parties to proceed to a trial under this

section shall not conduct the trial of the action unless all the parties to

the action give their consent for the judge to do so.

Part 6

Applications to the Court

Application to the Court

24(1) Unless this Regulation or an enactment otherwise provides or

the Court otherwise permits, an application to the Court may be filed

only during an action or after judgment is entered.

(2) Unless the Court otherwise permits, an application to the Court

must

(

a) be in the prescribed form,

(

b) state briefly the reasons for making the application,

(

c) state the remedy claimed or sought, and

(

d) be accompanied with an affidavit in the prescribed form in

support of the application.

(3) Unless this Regulation or another enactment otherwise provides or

the Court otherwise permits, the applicant shall

(

a) file the application, the affidavit and any other evidence in

support of the application, and

(

b) serve the application, affidavit and any other evidence in

support of the application on all parties and every other

person affected by the application, at least 7 days before the

application is scheduled to be heard or considered.

(4) If a respondent to an application intends to rely on an affidavit or

other evidence when the application is heard or considered, the

respondent shall file an affidavit in the prescribed form or other

evidence and serve a copy on the applicant a reasonable time before

the date the application is scheduled to be heard or considered.

Applications without notice

25 Despite

section 24 or any other provision to the contrary, the

applicant is not required to serve the application on a party if

(

a) an enactment provides that service of an application is not

required,

(

b) an enactment permits an application to be made without

notice, and the party meets any requirements in the

enactment to do so, or

(

c) the Court is satisfied that

(

i) no notice is necessary, or

(ii) serving the application might cause undue prejudice to

the applicant.

How the Court considers applications

26 The Court may consider an application in one or more of the

following ways:

(

a) in person, with one, some or all of the parties present;

(

b) by means of an electronic hearing if an electronic hearing is

permitted under

section 22;

(

c) by a process involving documents only.

Part 7

Witnesses

Notice to attend as witness

27(1) A party may file a notice to attend as a witness in the prescribed

form in respect of a person who may be a witness at a trial.

(2) A party who files a notice to attend as a witness shall serve the

person with the notice to attend as a witness, accompanied with the

allowance prescribed in

section 28,

(

a) at least 21 days prior to the trial, or

(

b) as directed by the Court.

(3) Unless otherwise directed by the Court, service under subsection

(2) shall be effected

(

a) by leaving the notice to attend as a witness and the allowance

with the person, or

(

b) by sending the notice to attend as a witness and the

allowance by recorded mail addressed to the person.

(4) Service under this

section is effected

(

a) under subsection (3)(a), on the date the notice to attend as a

witness and the allowance are left with the person, or

(

b) under subsection (3)(b), on the date the acknowledgment of

receipt is signed by the person to whom it is addressed.

(5) A person served with a notice to attend as a witness and the

allowance shall attend the trial in accordance with the terms set out in

the notice.

(6) A notice to attend as a witness has the same effect as a notice to

attend given in a proceeding in the Court of Queen's Bench and is

enforceable in the same manner.

Witness allowance

28(1) Unless the Court orders otherwise, the allowance payable to a

person who attends a trial as a witness is prescribed as the allowance

determined in accordance with the Schedule.

(2) If an amount payable under this

section is disputed or uncertain,

the amount may be estimated and may be adjusted by the Court after

completion of the attendance.

Part 8

Simplified Trial

Court direction

29 If the Court has directed an action to be heard by way of a

simplified trial, the Court may provide further directions in accordance

with

section 36.1 of the Act in the notice sent to the parties under

section 14.

Trial statement

30(1) If an action has been directed to be heard by way of a simplified

trial, each party shall file a trial statement in the prescribed form and

serve the trial statement on each of the other parties.

(2) A trial statement must include or attach

(

a) a

summary of the facts and evidence the party intends to

present to the Court at the simplified trial,

(

b) the amount the party is claiming, disputing or

counterclaiming, and, if applicable, how that amount is

calculated,

(

c) a list of witnesses intended to provide evidence at the

simplified trial, and a

summary of the evidence the party

believes each witness will provide,

(

d) copies of all relevant documents and records,

(

e) an acknowledgment by the party that the party

(

i) is aware of the date of the simplified trial and is ready to

proceed,

(ii) will provide all relevant documents and records to the

other parties in accordance with subsection (4),

(iii) has read the notice of simplified trial,

(iv) knows the scheduled length of the simplified trial and

that the party is expected to present the party's case in

no more than half of the scheduled time, and

(

v) may attempt to settle the action with the other parties

before the simplified trial,

and

(

f) a certification by the party of the accuracy of the trial

statement.

(3) Each party shall file a trial statement at least 14 days before the

date set for the simplified trial.

(4) Each party shall serve a copy of the filed trial statement on each of

the other parties in accordance with Division 2 of

Part 12 at least 7

days before the date set for the simplified trial.

(5) If a party fails to file and serve a trial statement in accordance with

subsections (3) and (4), the Court may award costs to the other parties

and may

(

a) strike that party's pleadings and enter judgment,

(

b) adjourn the simplified trial, or

(

c) proceed in the absence of the trial statement.

Part 9

Failure to Appear at Pre-trial

Conference or Trial

Failure to appear

31(1) If a defendant fails to appear on the date set for a pre-trial

conference or a trial in respect of a claim or counterclaim, the Court

may

(

a) where the claim is for a debt or liquidated demand, enter

judgment on the claim,

(

b) where the claim requires the assessment of damages, proceed

to assess the damages or adjourn the action to a subsequent

date for assessment of damages,

(

c) where the claim is for a remedy, other than a remedy referred

to in clause (

a) or (b), that is within the jurisdiction of the

Court, grant the remedy to the extent that the Court considers

appropriate in the circumstances, or adjourn the action to a

subsequent date for the determination and granting of the

remedy, or

(

d) dismiss the counterclaim of the defendant.

(2) If a plaintiff fails to appear on the date set for a pre-trial

conference or trial in respect of a claim or counterclaim, the Court may

(

a) dismiss the claim of the plaintiff,

(

b) where the counterclaim is for a debt or liquidated demand,

enter judgment on the counterclaim,

(

c) where the counterclaim requires the assessment of damages,

proceed to assess the damages or adjourn the action to a

subsequent date for assessment of damages, or

(

d) where the counterclaim is for a remedy, other than a remedy

referred to in clause (

b) or (c), that is within the jurisdiction

of the Court, grant the remedy to the extent that the Court

considers appropriate in the circumstances, or adjourn the

action to a subsequent date for the determination and

granting of the remedy.

Part 10

Judgment

Setting aside or varying judgment or dismissal

32(1) The Court may, on any terms it considers proper, set aside or

vary

(

a) a noting in default under

section 6, 8 or 11,

(

b) a judgment on a claim or counterclaim entered under

section

6, 23, 30 or 31, or

(

c) a dismissal of a claim or counterclaim under

section 31.

(2) The person in whose favour an order under subsection (1) is made

may file a certified copy of the order in the Court of Queen's Bench,

and once the certified copy of the order is filed,

(

a) the judgment or the dismissal referred to in subsection (1), as

the case may be, is set aside or varied, as the order provides,

and

(

b) any enforcement proceeding taken or garnishee summons

issued pursuant to the judgment is stayed subject to the order

of the Court of Queen's Bench.

Counterclaim

33(1) Subject to this section, a counterclaim may, to the extent it is

established, be applied in satisfaction of a plaintiff's claim established

by the Court.

(2) If a counterclaim is established that

(

a) exceeds the amount of the plaintiff's established claim, the

Court may enter judgment in favour of the defendant in the

amount of the difference, or

(

b) is less than the amount of the plaintiff's established claim,

the Court may enter judgment in favour of the plaintiff in the

amount of the difference.

(3) In the event that both a claim and a counterclaim are established,

the Court may, if it awards costs for and against both the plaintiff and

the defendant, make an order for a net amount of costs in favour of the

party entitled to them.

Costs and interest

34 Where judgment is entered under

Part 4 of the Act, the judgment

amount includes costs and prejudgment interest.

Payment hearings

35 Unless the Court proceeds on its own motion, a payment hearing

under

section 44.2 of the Act shall be

(

a) on an application in the prescribed form, accompanied with

an affidavit in the prescribed form that includes evidence of

the applicant's income, expenses, assets and liabilities, and

(

b) on notice to the party in whose favour judgment has been

entered.

Filing of judgment at the Court of Queen's Bench

36 Any judgment under

Part 4 of the Act that is to be filed with the

Court of Queen's Bench shall be filed at the judicial centre that is, by

road, closest to the court at which the judgment was entered.

Notice of appeal

37 Where a judgment is to be appealed under

section 46 of the Act,

the notice of appeal shall be filed with the Court of Queen's Bench at

the judicial centre that is, by road, closest to the court at which the

judgment was entered.

Part 11

Costs

General rule for payment of litigation costs

38 A successful party to an application, proceeding or action is

entitled to a costs award as against the unsuccessful party, subject to

(

a) the Court's general discretion under

section 37.1 of the Act,

and

(

b) provisions in this Regulation or any other enactment

governing who is to pay costs in particular circumstances.

Litigation expenses recoverable as costs

39(1) The litigation expenses recoverable as costs between the parties

are as follows:

(

a) for fees paid to the clerk under

section 1(

a) to (

d) of the

Provincial Court Fees Regulation (AR 18/91), the amount of

the fees actually paid;

(

b) for service of a civil claim

(

i) by a private process server, the actual cost, for all

activities necessary for effecting service, including

(

A) searches of any registry maintained by the

Alberta or a local authority,

(

B) service attempts by the process server, and

(

C) travel by private vehicle, in accordance with any

directive issued by the Treasury Board respecting

travel, meal and hospitality expenses, as though

the private process server were an employee as

defined in the Public Service Act,

(ii) by a method of mailing as designated in the Provincial

Court Act or this Regulation, the actual cost, and

(iii) by a method directed by the Court, the amount as fixed

by the Court;

(

c) for the search of any registry maintained by the Government

of Canada, the Government of Alberta or a local authority,

the actual cost of the search;

(

d) for the preparation by an expert witness of an expert

witness's report, or for the preparation by an expert witness

for a trial, and for the expert witness's attendance at the trial,

the amount as fixed by the Court;

(

e) for the attendance of a witness at a trial, the amount of the

allowance prescribed under

section 28 actually paid or

reimbursed, as the case may be, to the witness to travel to,

attend at and return from the location of the trial;

(

f) for a default judgment entered under

section 6, the amounts

set out in clauses (

a) to (c).

(2) Despite subsection (1)(

d) and (e), the Court may, in its discretion,

reduce or disallow the costs claimed for a witness if the Court is of the

opinion that

(

a) the witness did not present evidence that advanced the claim

or defence, or

(

b) a proposed expert witness

(

i) was not qualified by the Court as an expert witness, or

(ii) gave opinion evidence that duplicated opinion evidence

given by another expert witness at the hearing.

(3) The Court may, in its discretion, award costs for additional classes

of litigation expenses not specified in subsection (1).

Part 12

Service

Definition of commencement document

40 In this Part, "commencement document" means a civil claim, a

counterclaim in which a new party is added, a third party claim, and

any of these documents as amended.

Division 1

Service of Commencement Documents

Service of commencement documents on individual

41(1) Service of a commencement document on an individual may be

made

(

a) by leaving a copy with the individual,

(

b) by leaving a copy for the individual at the individual's most

usual place of residence with someone residing at the

residence who is apparently 16 years of age or older,

(

c) by sending a copy by recorded mail addressed to the

individual, or

(

d) as directed by the Court.

(2) Service under this

section is effected

(

a) under subsection (1)(a), on the date that the commencement

document is left with the individual,

(

b) under subsection (1)(b), on the date that the commencement

document is left with an individual at the residence,

(

c) under subsection (1)(c), on the date that the acknowledgment

of receipt is signed by the individual to whom the document

is addressed, or by another individual on behalf of the

individual to whom the document is addressed, or

(

d) under subsection (1)(d), on the date specified in the order.

Service of commencement documents on corporation

42(1) Service of a commencement document on a corporation, other

than a local authority, may be made

(

a) by serving it, using a method of service set out in

section

41(1), on a director of the corporation,

(

b) by serving it, using a method of service set out in

section

41(1), on an individual who appears to have management or

control responsibilities in respect of the corporation at its

principal place of business or activity in Alberta, or at its

place of business or activity in Alberta where the claim arose,

(

c) by leaving it at or sending it by recorded mail to the

registered office of the corporation, or

(

d) if the corporation is an extra-provincial corporation, by

serving it in accordance with

section 288(7) of the Business

Corporations Act.

(2) Service under this

section is effected

(

a) if the document is served in accordance with subsection

(1)(

a) or (b), on the applicable date provided for in

section

41(2),

(

b) if the document is left at the registered office of the

corporation, on the date the document is left,

(

c) if the document is sent by recorded mail to the registered

office of the corporation, on the date the acknowledgment of

receipt is signed, or

(

d) if the document is served in accordance with subsection

(1)(d), on the date the document is delivered or is deemed to

be received under

section 288(7) or (8) of the Business

Corporations Act, as applicable.

Service of commencement documents on partnership

43(1) Service of a commencement document on a partnership may be

made by serving it on one of the partners of the partnership, using a

method of service set out in

section 41(1) or

section 42(1), as

applicable.

(2) Service under this

section is effected

(

a) if the document is served using a method of service set out in

section 41(1), on the applicable date provided for in

section

41(2), or

(

b) if the document is served using a method of service set out in

section 42(1), on the applicable date provided for in

section

42(2).

Service of commencement documents on local authority

44(1) Service of a commencement document on a local authority may

be made by serving it on

(

a) the chief elected official or chief administrative officer,

(

b) in the case of an improvement district, the Minister

responsible for the Municipal Government Act,

(

c) in the case of a special area, the Minister responsible for the

Special Areas Act, or

(

d) in the case of a Metis settlement, the settlement chair or

settlement administrator,

using a method of service set out in

section 41(1).

(2) Service under this

section is effected on the date provided for in

section 41(2).

Service of commencement documents on party providing

address for service

45(1) Where a party has provided an address for service on a

document filed in the action, a commencement document may be

served

(

a) by leaving a copy, addressed to the party, at that address, or

(

b) by sending a copy by recorded mail, addressed to the party at

that address.

(2) Service is effected under subsection (1)

(

a) if the document is left at the address, on the date it is left, or

(

b) if the document is sent by recorded mail, on the date the

acknowledgment of receipt is signed.

Division 2

Service of Documents Other Than

Commencement Documents

Service of documents other than commencement documents

46(1) Service of a document, other than a commencement document,

on a party may be made

(

a) by any method set out in Division 1, as applicable,

(

b) by leaving a copy, addressed to the party, at the address for

service provided in the most recently filed document in the

action,

(

c) by sending a copy to the party by ordinary mail addressed to

the party at the address for service provided in the most

recently filed document in the action, or

(

d) by an electronic method, if

(

i) the party has provided an electronic address as an

address for service to which information or data in

respect of an action may be transmitted, and

(ii) the document is sent to the party at the specified address

and in a format that is usable for subsequent reference.

(2) Service is effected

(

a) under subsection (1)(

a) on the applicable date provided for in

Division 1,

(

b) under subsection (1)(

b) on the date the document is left at the

party's address for service,

(

c) under subsection (1)(c)

(i) 7 days after the date on which the mail is sent to an

address in Alberta, or

(ii) 14 days after the date on which the mail is sent to an

address outside Alberta,

(

d) under subsection (1)(d)

(

i) on the date confirmation is received or obtained that the

transmission to the address for service of the party to be

served was successfully completed, or

(ii) if no confirmation referred to in subclause (

i) is received

or obtained, on the date the document was sent by the

electronic method, unless there are reasonable grounds

for believing that the party did not receive the document

at that time.

Division 3

Proving, Validating or Dispensing with

Service, and Substitutional Service

Proof of service

47(1) Service of a document may be proved

(

a) by an affidavit of service proving the service, or

(

b) by the oral testimony of the person serving it.

(2) In the case of service by recorded mail, the affidavit of service

must attach as an exhibit the acknowledgment of receipt of that mail

signed

(

a) by the person to be served, or

(

b) by the person who signed the acknowledgment of receipt on

behalf of the person to be served.

(3) In the case of service on a corporation, the affidavit of service

must attach as an exhibit

(

a) a corporate registry search result for the corporation, and

(

b) if service is effected by recorded mail, the acknowledgment

of receipt signed on behalf of the corporation.

(4) In the case of service by electronic method, the affidavit of service

must attach as an exhibit

(

a) a copy of the transmission sent to the address for service of

the party to be served, and

(

b) a copy of the confirmation received or obtained that the

transmission to the address for service of the party to be

served was successfully completed, if available.

Validating or dispensing with service

48(1) Notwithstanding that service of a document does not comply

with this Part, the Court may, on application, if it is satisfied that the

document has come or is likely to have come to the attention of the

party being served, deem the service to be valid.

(2) On application, the Court may shorten the applicable time for

service of any document if satisfied that sufficient cause is shown.

(3) On application, the Court may dispense with service of any

document if satisfied that sufficient cause is shown.

Substitutional service

49(1) If service of a document, inside or outside Alberta, in

accordance with other provisions in this

Part is impractical, the Court

may, on application, make an order for substitutional service.

(2) The application must be supported by an affidavit

(

a) setting out why service in accordance with other provisions

in this

Part is impractical,

(

b) proposing an alternative method of service, and

(

c) stating why the alternative method of service is likely to

bring the document to the attention of the person to be

served.

(3) Unless otherwise ordered, an order for substitutional service of a

document shall be served with the document except where

substitutional service is by advertisement, in which case the

advertisement must contain a reference to the order.

(4) If a document is served in accordance with an order for

substitutional service, service is effected on the date specified in the

order.

Division 4

Address for Service

Address for service

50(1) On each document that is filed, the party filing the document

shall provide that party's address for service of documents.

(2) A party shall

(

a) notify the Court in writing of any change to the party's

address for service, and

(

b) send a copy of the written notification to all other parties at

their address for service.

Part 13

Transitional Provisions, Consequential

Amendment,

Repeal and Coming into Force

Definition

51 In this Part, "existing proceeding" means a court proceeding under

Part 4 of the Provincial Court Act commenced but not concluded

before the coming into force of this Regulation.

Regulation applies to existing proceedings

52(1) Except as otherwise provided by this Part or by an order under

section 53, this Regulation applies to every existing proceeding.

(2) Every order or judgment made in an existing proceeding before the

coming into force of this Regulation and everything done in the course

of an existing proceeding is to be considered to have been done under

this Regulation and has the same effect under this Regulation as it had

before the coming into force of this Regulation.

Resolution of difficulty or doubt

53 If there is doubt about the application or operation of this

Regulation to an existing proceeding or if any difficulty, injustice or

impossibility arises as a result of this Part, a party may apply to the

Court for directions or an order, or the Court may make an order, with

respect to any matter it considers appropriate in the circumstances,

including:

(

a) suspending the operation of any provision and substituting

one or more provisions that were in effect before the coming

into force of this Regulation, with or without modification,

for particular purposes or proceedings or any aspect of them;

(

b) modifying the application or operation of this Regulation in

particular circumstances or for particular purposes.

Time limits

54(1) Where under this Regulation a time limit is provided for doing

anything, other than the serving of a notice or other document in

advance of some event, that is longer than the time limit that applied

before the coming into force of this Regulation, the time limit provided

in this Regulation prevails, despite that the action or proceeding to

which the time limit applies was commenced before the coming into

force of this Regulation.

(2) Where under this Regulation a time limit is provided for doing

anything, other than the serving of a notice or other document in

advance of some event, that is shorter than the time limit that applied

before the coming into force of this Regulation, a person who

commenced the action or proceeding must comply with

(

a) the time limit that applied before the coming into force of

this Regulation, or

(

b) the time limit under this Regulation, calculated from the date

on which this Regulation comes into force,

whichever occurs first.

(3) Where this Regulation imposes a time limit for doing anything for

which no time limit was provided before the coming into force of this

Regulation, and on the coming into force of this Regulation the thing

has not yet been done, the time limit under this Regulation applies to

the doing of that thing and is calculated from the date on which this

Regulation comes into force.

(4) Where the time limit provided by this Regulation for doing

anything runs from a different event than the equivalent time limit that

applied before the coming into force of this Regulation, and on the

coming into force of this Regulation the thing has not yet been done,

the time limit provided by this Regulation applies, calculated either

(

a) from the event specified in this Regulation, or

(

b) from the coming into force of this Regulation,

whichever occurs later.

(5) Service of a document or notice that was effected before the

coming into force of this Regulation remains valid despite any change

to the relevant time limit imposed as a result of the coming into force

of this Regulation.

New test or criteria

55 Where this Regulation imposes a new test, provides new criteria

or provides an additional ground for making an application in an

existing proceeding, this Regulation applies in respect of the

application if the application was made but has not been heard prior to

the coming into force of this Regulation.

Consequential amendment

56 The Provincial Court Fees and Costs Regulation

(AR 18/91) is amended

(

a) by repealing the title and substituting the following:

PROVINICIAL COURT FEES REGULATION

(

b) by repealing sections 1.2 and 2.

Repeal

57 The Provincial Court Civil Division Regulation

(AR 329/89) is repealed.

Coming into force

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

section 6(2), (3), (4)(a)(

i) to (iv), (vi) and (vii), (

b) and (

c) and (5) to

(17) of the Statutes Amendment Act, 2015.

Schedule

Witness Allowance

(Section 28)

1 The allowance payable to a person who is served a notice to attend

as a witness at a trial, except a person paid in accordance with

section

5 of this Schedule, for each day or part of a day necessarily spent by

the witness in travelling to, staying as long as is reasonably necessary

to give evidence at and travelling back from the location of the trial, is

$25.

2 The allowance payable to a person for travel to attend as a witness

at, and return from, the location of the trial is

(

a) for travel by private vehicle, the business kilometre rate for

private vehicles for each kilometre necessarily travelled, and

for parking charges, in accordance with any directive issued

by the Treasury Board respecting travel, meal and hospitality

expenses, as though the person were an employee as defined

in the Public Service Act,

(

b) for travel by train, bus or other public ground transportation,

the reasonable fare for that travel, and

(

c) for travel by a regularly scheduled air carrier of a required

distance of over 200 kilometres, the reasonable airfare for

that travel.

3 If a person who attends a trial as a witness does not reside within

reasonable commuting distance of the place of the trial, the allowance

payable is the amount paid for accommodation in accordance with any

directive issued by the Treasury Board respecting travel, meal and

hospitality expenses, as though the person were an employee as

defined in the Public Service Act.

4 The allowance payable to a person who attends a trial as a witness

for necessary meals is an amount in accordance with any directive

issued by the Treasury Board respecting travel, meal and hospitality

expenses, as though the person were an employee as defined in the

Public Service Act.

5 If a witness is not a party to the action and is called to give

evidence as an expert witness, for each day or part of a day necessarily

spent by the expert witness in travelling to, staying as long as required

to give evidence, and travelling back from the location of the trial, the

witness, except a witness paid in accordance with

section 1 of this

Schedule, is entitled to

(

a) an allowance of $50, and

(

b) the allowance that a witness is entitled to under sections 2, 3

and 4 of this Schedule.

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

Alberta Regulation 177/2018

Municipal Government Act

CALGARY INTERNATIONAL AIRPORT VICINITY PROTECTION

AREA AMENDMENT REGULATION

Filed: October 4, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 290/2018)

on October 3, 2018 pursuant to

section 693 of the Municipal Government Act.

1 The Calgary International Airport Vicinity Protection Area

Regulation (AR 177/2009) is amended by this Regulation.

Schedule 3 is amended

(

a) by adding the following after

section 1(c):

(c.1) "dBA" means a measure of sound level in decibels

using a reference sound pressure of 20 micropascals

when measured on the A-weighting network of a sound

level meter;

(

b) by adding the following after

section 3.1:

School and place of worship a permitted use

3.2(1) Despite any other provision of this Regulation,

development for a school and place of worship is permitted

within the NEF 35-40 and NEF 40+ Areas on Lot 2, Block 7,

Plan 0511592, subject to compliance with the following

requirements in respect of the building in which the school and

place of worship are located:

(

a) the design criteria for the building must be approved by

a professional engineer specializing in acoustics to

ensure that exterior noise in any occupied room in the

building during the operating hours of the school and

place of worship does not exceed

(

i) a maximum sound level of 50 dBA, and

(ii) a maximum hourly equivalent continuous sound

level of 35 dBA;

(

b) after construction of the building is complete but before

the building is occupied, a professional engineer

specializing in acoustics must confirm that the building

meets the sound level requirements referred to in clause

(a);

(

c) after the building is occupied, the owner of the building

must ensure the building is monitored at least once in

each quarter of a calendar year by a professional

engineer specializing in acoustics to confirm that the

building continues to meet the sound level requirements

referred to in clause (a);

(

d) the owner of the building must submit to the City of

Calgary in each quarter of a calendar year a report

containing the monitoring data for that quarter obtained

under clause (c);

(

e) if the building fails to meet the sound level requirements

referred to in clause (a), the City of Calgary must by

written order require the owner of the building to

remedy the failure.

(2) An order under subsection (1)(

e) may

(

a) direct the owner of the building to stop doing

something, or to change the way in which the owner is

doing it,

(

b) direct the owner of the building to take any action or

measure necessary to remedy the failure to meet the

sound level requirements in subsection (1)(a), and if

necessary, prevent a reoccurrence of that failure,

(

c) state a time within which the owner of the building must

comply with the directions, and

(

d) state that if the owner of the building does not comply

with the directions within a specified time, the City of

Calgary will take the action or measure at the expense

of the owner.

(3) An order under subsection (1)(

e) is considered to be an

order under

section 545 of the Act.

Alberta Regulation 178/2018

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: October 4, 2018

For information only: Made by the Lieutenant Governor in Council (O.C. 297/2018)

on October 3, 2018 pursuant to sections 16, 17 and 18 of the Government

Organization Act.

1 The Designation and Transfer of Responsibility

Regulation (AR 80/2012) is amended by this Regulation.

Section 2.1(3) is repealed.

Section 3 is amended by adding the following after

subsection (1):

(1.1) The Minister of Agriculture and Forestry is designated as the

Minister responsible for the Supporting Alberta's Local Food Sector

Act.

Section 4.1 is amended

(

a) by repealing subsection (1)(b);

(

b) by adding the following after subsection (1.3):

(1.4) The Minister of Economic Development and Trade is

designated as the Minister responsible for the Interactive Digital

Media Tax Credit Act.

Section 6 is amended

(

a) by adding the following after subsection (1.02):

(1.03) The Minister of Energy is designated as the Minister

responsible for the Energy Diversification Act.

(1.04) The Minister of Energy is designated as the Minister

responsible for the Preserving Canada's Economic Prosperity

Act.

(

b) by repealing subsections (4) to (6).

Section 9 is amended by adding the following after

subsection (1.4):

(1.5) The Minister of Health is designated as the Minister

responsible for the Long Term Care Information Act.

(1.6) The Minister of Health is designated as the Minister

responsible for the Protecting Choice for Women Accessing Health

Care Act.

Section 18 is amended

(

a) by repealing subsection (1)(i);

(

b) by adding the following after subsection (1.1):

(1.2) The President of Treasury Board, Minister of Finance

continues as the Minister responsible for the ATB Financial Act.

(

c) by repealing subsection (2).

8 The following is added after

section 18.2:

Transfer of FOIP services and IMT services

18.3(1) The responsibility for that part of the public service

associated with the parts of the appropriation transferred under

subsections (2) and (3) is transferred to the Minister of Service

Alberta.

(2) The responsibility for the administration of the unexpended

balance of the parts of the following 2018-19 Government

appropriations related to freedom of information and protection of

privacy services is transferred to the Minister of Service Alberta:

(

a) of the appropriation for Agriculture and Forestry, element

1.4, Corporate Services, of program 1, Ministry Support

Services;

(

b) of the appropriation for Children's Services,

(

i) element 1.5, Corporate Services, of program 1, Ministry

Support Services, and

(ii) element 2.2, Child Intervention Services, of program 2,

Child Intervention;

(

c) of the appropriation for Community and Social Services,

(

i) element 1.5, Corporate Services, of program 1, Ministry

Support Services,

(ii) element 2.1, Program Planning and Delivery, of

program 2, Employment and Income Support,

(iii) element 5.1, Program Planning and Delivery, of

program 5, Homeless and Outreach Support Services,

and

(iv) program 7, Services Provided to Other Ministries;

(

d) of the appropriation for Culture and Tourism, element 1.4,

Corporate Services, of program 1, Ministry Support Services;

(

e) of the appropriation for Economic Development and Trade,

element 1.4, Strategic Policy and Corporate Services, of

program 1, Ministry Support Services;

(

f) of the appropriation for Education, element 1.3, Corporate

Services, of program 1, Ministry Support Services;

(

g) of the appropriation for Energy, element 2.1, Revenue

Collection, and element 2.2, Resource Development, of

program 2, Resource Development and Management;

(

h) of the appropriation for Environment and Parks, element 1.5,

Corporate Services, of program 1, Ministry Support Services;

(

i) of the appropriation for Indigenous Relations, element 1.4,

Strategic and Corporate Services, of program 1, Ministry

Support Services;

(

j) of the appropriation for Infrastructure, element 1.4, Corporate

Strategies and Services, of program 1, Ministry Support

Services;

(

k) of the appropriation for Justice and Solicitor General,

element 1.3, Corporate Services, of program 1, Ministry

Support Services;

(

l) of the appropriation for Labour, element 1.4, Corporate

Services, of program 1, Ministry Support Services;

(

m) of the appropriation for Municipal Affairs, element 1.3,

Support Services, of program 1, Ministry Support Services;

(

n) of the appropriation for Seniors and Housing, element 1.3,

Strategic Corporate Services, of program 1, Ministry Support

Services;

(

o) of the appropriation for Transportation, element 1.3, Strategic

Services, of program 1, Ministry Support Services;

(

p) of the appropriation for Treasury Board and Finance, element

1.3, Strategic and Business Services, of program 1, Ministry

Support Services.

(3) The responsibility for the administration of the unexpended

balance of the parts of the following 2018-19 Government

appropriations related to information management and technology

services is transferred to the Minister of Service Alberta:

(

a) of the appropriation for Advanced Education, element 1.3,

Strategic and Corporate Services, of program 1, Ministry

Support Services;

(

b) of the appropriation for Agriculture and Forestry, element

1.4, Corporate Services, of program 1, Ministry Support

Services;

(

c) of the appropriation for Children's Services,

(

i) element 1.4, Strategic Services, of program 1, Ministry

Support Services,

(ii) element 2.1, Program Planning and Delivery, and

element 2.2, Child Intervention Services, of program 2,

Child Intervention, and

(iii) element 3.1, Program Planning and Delivery, of

program 3, Child Care;

(

d) of the appropriation for Community and Social Services,

(

i) element 1.4, Strategic Services, of program 1, Ministry

Support Services,

(ii) element 2.1, Program Planning and Delivery, of

program 2, Employment and Income Support,

(iii) element 3.1, Program Planning and Delivery, of

program 3, Assured Income for the Severely

Handicapped,

(iv) element 4.2, Persons with Developmental Disabilities -

Supports to Albertans, of program 4, Disability

Services, and

(

v) program 7, Services Provided to Other Ministries;

(

e) of the appropriation for Culture and Tourism, element 1.4,

Corporate Services, of program 1, Ministry Support Services;

(

f) of the appropriation for Economic Development and Trade,

element 1.4, Strategic Policy and Corporate Services, of

program 1, Ministry Support Services;

(

g) of the appropriation for Education,

(

i) element 1.4, Information and Program Services, of

program 1, Ministry Support Services, and

(ii) element 2.7, Education System Support, of program 2,

Operating Support for Public and Separate Schools;

(

h) of the appropriation for Energy, element 2.1, Revenue

Collection, and element 2.2, Resource Development, of

program 2, Resource Development and Management;

(

i) of the appropriation for Environment and Parks, element 1.5,

Corporate Services, of program 1, Ministry Support Services;

(

j) of the appropriation for Executive Council, element 1.3,

Corporate Services, of program 1, Office of the

Premier/Executive Council;

(

k) of the appropriation for Indigenous Relations, element 1.4,

Strategic and Corporate Services, of program 1, Ministry

Support Services;

(

l) of the appropriation for Infrastructure, element 1.4, Corporate

Strategies and Services, of program 1, Ministry Support

Services;

(

m) of the appropriation for Justice and Solicitor General,

(

i) element 1.3, Corporate Services, of program 1, Ministry

Support Services,

(ii) element 2.1, Program Support, and element 2.2,

Resolution Services, of program 2, Resolution and

Court Administration Services,

(iii) element 3.1, Civil Law, of program 3, Legal Services,

(iv) element 4.1, Program Support, and element 4.3,

Criminal and Youth Prosecutions, of program 4, Alberta

Crown Prosecution Service,

(

v) of program 5, Justice Services,

(

A) element 5.1, Program Support,

(

B) element 5.2, Family Support Order Services,

(

C) element 5.3, Office of the Chief Medical

Examiner,

(

D) element 5.6, Public Trustee, and

(

E) element 5.7, Fines Enforcement,

(vi) of program 6, Public Security,

(

A) element 6.1, Program Support,

(

B) element 6.3, Alberta Serious Incident Response

Team,

(

C) element 6.4, Law Enforcement Standards and

Audits,

(

D) element 6.10, Fish and Wildlife Enforcement, and

(

E) element 6.11, Commercial Vehicle Enforcement,

and

(vii) of program 7, Correctional Services,

(

A) element 7.1, Program Support,

(

B) element 7.2, Adult Remand and Correctional

Centres, and

(

C) element 7.3, Young Offender Centres;

(

n) of the appropriation for Labour,

(

i) element 1.4, Corporate Services, of program 1, Ministry

Support Services,

(ii) element 2.3, Policy and Labour Market Information,

and element 2.8, Skills and Training Support, of

program 2, Workforce Strategies, and

(iii) element 3.3, Employment Standards, of program 3,

Safe, Fair and Healthy Workplaces;

(

o) of the appropriation for Municipal Affairs, element 1.3,

Support Services, of program 1, Ministry Support Services;

(

p) of the appropriation for Seniors and Housing,

(

i) element 1.3, Strategic Corporate Services, of program 1,

Ministry Support Services,

(ii) element 2.1, Program Planning and Delivery, of

program 2, Seniors Services,

(iii) element 3.1, Program Delivery, of program 3, Alberta

Seniors Benefit, and

(iv) element 4.1, Program Planning and Delivery, of

program 4, Housing;

(

q) of the appropriation for Status of Women, element 1.3,

Corporate Services, of program 1, Ministry Support Services;

(

r) of the appropriation for Transportation, element 1.3, Strategic

Services, of program 1, Ministry Support Services;

(

s) of the appropriation for Treasury Board and Finance,

(

i) element 1.3, Strategic and Business Services, of

program 1, Ministry Support Services, and

(ii) element 10.2, Public Service Commission Programs, of

program 10, Public Service Commission.

Transfer of human resources services

18.4(1) The responsibility for that part of the public service

associated with the parts of the appropriations transferred under

subsection (2) is transferred to the President of Treasury Board,

Minister of Finance.

(2) The responsibility for the administration of the unexpended

balance of the parts of the following 2018-19 Government

appropriations related to human resources services is transferred to

the President of Treasury Board, Minister of Finance:

(

a) of the appropriation for Advanced Education, element 1.4,

Human Resources, of program 1, Ministry Support Services;

(

b) of the appropriation for Agriculture and Forestry, element

1.5, Human Resources, of program 1, Ministry Support

Services;

(

c) of the appropriation for Children's Services,

(

i) element 1.3, Human Resources, of program 1, Ministry

Support Services,

(ii) element 2.1, Program Planning and Delivery, and

element 2.2, Child Intervention Services, of program 2,

Child Intervention, and

(iii) program 5, Services Provided to Other Ministries;

(

d) of the appropriation for Community and Social Services,

(

i) element 1.3, Human Resources, of program 1, Ministry

Support Services, and

(ii) element 2.1, Program Planning and Delivery, of

program 2, Employment and Income Support;

(

e) of the appropriation for Culture and Tourism, element 1.3,

Human Resources, of program 1, Ministry Support Services;

(

f) of the appropriation for Economic Development and Trade,

element 1.3, Human Resources, of program 1, Ministry

Support Services;

(

g) of the appropriation for Education, element 1.3, Corporate

Services, of program 1, Ministry Support Services;

(

h) of the appropriation for Energy, element 1.3, Corporate

Services, of program 1, Ministry Support Services;

(

i) of the appropriation for Environment and Parks, element 1.3,

Human Resources, of program 1, Ministry Support Services;

(

j) of the appropriation for Health, element 1.4, Strategic

Corporate Support, of program 1, Ministry Support Services;

(

k) of the appropriation for Indigenous Relations, element 1.3,

Human Resources, of program 1, Ministry Support Services;

(

l) of the appropriation for Infrastructure, element 1.3, Human

Resources, of program 1, Ministry Support Services;

(

m) of the appropriation for Justice and Solicitor General,

element 1.3, Corporate Services, and element 1.4, Human

Resources, of program 1, Ministry Support Services;

(

n) of the appropriation for Labour,

(

i) element 1.3, Human Resources, of program 1, Ministry

Support Services, and

(ii) element 2.8, Skills and Training Support, of program 2,

Workforce Strategies;

(

o) of the appropriation for Municipal Affairs, element 1.3,

Support Services, of program 1, Ministry Support Services;

(

p) of the appropriation for Service Alberta, element 1.3,

Corporate Services, of program 1, Ministry Support Services;

(

q) of the appropriation for Status of Women, element 1.3,

Corporate Services, of program 1, Ministry Support Services;

(

r) of the appropriation for Transportation, element 1.3, Strategic

Services, of program 1, Ministry Support Services.

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

Alberta Regulation 179/2018

Provincial Court Act

PROVINCIAL COURT CIVIL FORMS REGULATION

Filed: October 12, 2018

For information only: Made by the Minister of Justice and Solicitor General

(M.O. 29/2018) on October 9, 2018 pursuant to

section 9(2)(

h) of the Provincial

Court Act.

Form of documents

1(1) A civil claim must be in Form 1 of the Schedule.

(2) A dispute note must be in Form 2 of the Schedule.

(3) A request to note in default must be in Form 3 of the Schedule.

(4) A request for default judgment must be in Form 4 of the Schedule.

(5) A dispute note to counterclaim must be in Form 5 of the Schedule.

(6) A third party claim must be in Form 6 of the Schedule.

(7) A dispute note to third party claim must be in Form 7 of the

Schedule.

(8) An application must be in Form 8 of the Schedule.

(9) An affidavit must be in Form 9 of the Schedule.

(10) A notice to attend as a witness must be in Form 10 of the

Schedule.

(11) A trial statement must be in Form 11 of the Schedule.

Repeal

2 The Provincial Court Civil Claims Forms Regulation (AR 55/2001)

is repealed.

Coming into force

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

section 6(2), (3), (4)(a)(

i) to (iv), (vi) and (vii), (

b) and (

c) and (5) to

(17) of the Statutes Amendment Act, 2015.

Schedule

Form 1

(Section 3 of the Provincial Court

Civil Procedure Regulation)

Clerk's stamp

ACTION NUMBER

PROVINCIAL COURT OF ALBERTA (CIVIL)

COURT LOCATION

PLAINTIFF(

S) DEFENDANT(

S) DOCUMENT CIVIL CLAIM

NOTICE TO DEFENDANT(S):

You are being sued. You are a defendant. Failure to respond to

this civil claim may result in a judgment being entered against

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

when you must do it.

The claim arose at ________________(City/Town), Alberta on or about

________________, 20__.

1 The plaintiff(

s) claims from the defendant(s):

(check applicable box(es))

[] $_________ (amount claimed, not including interest or costs)

[] Interest from the date the claim arose to the date of judgment

pursuant to: (check applicable box(es))

[] an agreement between the plaintiff(

s) and the defendant(

s) at

the rate of______% per year

[] the Judgment Interest Act

[] other (describe the basis for and amount of your interest claim):

[] Costs

[] filing fees, costs for service of the claim and any steps taken

up to judgment

[] other (describe the basis for and amount of any other costs you

are requesting): ______________________________________

[] Other (describe any other relief you are requesting):

__________________________________________________

2 Abandonment of excess portion of claim

(check the following box only if you are abandoning any claim that exceeds

the financial jurisdiction of this Court)

[] I abandon that part of the civil claim that exceeds the financial

jurisdiction of this Court. I understand and agree that I cannot

recover in this Court or any other court the part of my civil

claim that is abandoned.

3 I will be calling (number) witness(es) at the trial of this matter,

including myself.

4 Parties' Contact Information

Plaintiff(s) (provide the following information for each plaintiff)

Last name, or name of company (corporation

or business/trade name)

18 years old or over?

[] Yes [] No [] n/a

First name

Second name

Address for service (building, street, apt., unit, P.O. Box number)

City/Town

Province

Postal Code

Daytime Phone No.

( )

Cellular Phone No.

( )

Fax No.

( )

E-mail address

Represented by:

[] Lawyer

[] Student-at-law

[] Agent

[] Self

Name of Lawyer/

Student-at-law/Agent

(if any)

Firm Name (if any)

Defendant(s) (provide the following information for each defendant)

Last name, or name of company (corporation

or business/trade name)

18 years old or over?

[] Yes [] No [] n/a

First name

Second name

Address of most usual place of residence, or registered office or place of

business (building, street, apt., unit, P.O. Box number)

City/Town

Province

Postal Code

Daytime Phone No.

( )

Cellular Phone No.

( )

Fax No.

( )

E-mail address

5 Reasons for Claim

The reasons for the claim by the plaintiff(

s) are:

(Briefly describe the reasons for your claim against the defendant(s).

Describe what happened, where and when it happened, who was involved,

and how you arrive at the amount claimed.)

____________________________________________________________

NOTICE TO DEFENDANT(S):

You have only a short time to respond to this civil claim:

20 days if you are served in Alberta

30 days if you are served outside Alberta

You must either:

1 Settle the claim directly with the plaintiff.

- or -

2 Pay the amount plus interest and costs as claimed in the civil

claim to the Provincial Court office by cash, certified cheque,

money order or debit card (if available) only. A Court appearance

may not be necessary if you choose this option.

- or -

3 Dispute the civil claim within the applicable time limit set out

above, by doing the following:

(

a) Complete a dispute note (which may include a

counterclaim) giving your reasons for disputing the civil

claim. If there are parts of the civil claim you agree with,

check the applicable box in

section 2 in the dispute note.

(

b) File the dispute note and pay the applicable filing fee either

in person at any Provincial Court office, or by mail to the

Provincial Court location shown on the civil claim. The

Provincial Court must receive a dispute note and the

applicable filing fee within the time limit set out above.

WARNING:

If you do not pay the civil claim or file a dispute note within the

time limit set out above, the plaintiff(

s) may obtain a judgment

against you.

Forms and self-help materials are available at any Provincial

Court location and on the Alberta Courts website at:

https://www.albertacourts.ca/provincial-court/civil

Form 2

(Section 5 of the Provincial Court

Civil Procedure Regulation)

Clerk's stamp

ACTION NUMBER

PROVINCIAL COURT OF ALBERTA (CIVIL)

COURT LOCATION

PLAINTIFF(

S) DEFENDANT(

S) DOCUMENT DISPUTE NOTE

(check the applicable box)

[] without counterclaim

[] with counterclaim

[] with counterclaim adding the

following new party(parties):

_____________________________

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

Document filed on behalf of the following

party(parties) (defendant(s)):

18 years old or over?

[] Yes [] No [] n/a

Address for service (building, street, apt., unit, P.O. Box number)

City/Town

Province

Postal Code

Daytime Phone No.

( )

Cellular Phone No.

( )

Fax No. for service

( )

E-mail address for service

Represented by:

[] Lawyer

[] Student-at-law

[] Agent

[] Self

Name of Lawyer/

Student-at-law/Agent

(if any)

Firm Name (if any)

NOTICE TO PLAINTIFF(S):

This document may contain a counterclaim. If so, you are a

"defendant by counterclaim". Failure to respond to a counterclaim

may result in a judgment being entered against you. Go to the end of

this document to see what you can do and when you must do it.

1 I dispute the civil claim for the following reasons:

(Explain which parts of the civil claim you do not agree with and why.

Simply stating that you cannot afford to pay the claim is not a valid

defence.)

_________________________________________________________

2 I admit the following parts of the civil claim:

____________________________________________________

3 Regarding the amount claimed in the civil claim:

(check the applicable box if you agree to pay all or a part of the civil

claim)

[] I agree I owe the entire amount claimed in the civil claim.

[] I agree I owe $_____, which is a part of the amount claimed in

the civil claim but I do not agree with the remaining amount

claimed.

[] I do not agree with the amount claimed.

4 I will be calling (number) witness(es) at the trial of this matter,

including myself.

DEFENDANT'S COUNTERCLAIM

OR CLAIM FOR SET-OFF

(Complete the

section below only if you are making a counterclaim or a

claim for set-off against the plaintiff(s). If you file a counterclaim, you

become a "plaintiff by counterclaim".

A counterclaim is not required if you are seeking only costs for time and

expenses to dispute the plaintiff's claim. Costs may be addressed with the

Court at the conclusion of the matter.)

5 The defendant(

s) counterclaim(

s) or claim(

s) a set-off from the

plaintiff(

s) in the amount of $_____________, not including interest

and costs, for the following reasons:

_____________________________________________________

6 The defendant(

s) also claims:

[] Interest from the date the counterclaim arose to the date of

judgment pursuant to: (check applicable box(es))

[] an agreement between the plaintiff(

s) and the defendants at

the rate of ___% per year

[] the Judgment Interest Act

[] other (describe the basis for and amount of your interest

claim):________________________________________

[] Costs (check applicable box(es))

[] filing fee, service of the claim and any steps taken up to

judgment

[] other (describe the basis for and amount of any other costs

you are requesting): ______________________________

7 Abandonment of excess portion of counterclaim

(check the following box only if you are abandoning any part of the

counterclaim that exceeds the financial jurisdiction of this Court)

[] I abandon that part of the counterclaim that exceeds the financial

jurisdiction of this Court. I understand and agree that I cannot recover

in this Court or any other court the part of my counterclaim that is

abandoned.

Do not attach any additional material or evidence to this

dispute note to counterclaim.

NOTICE TO DEFENDANT(

S) BY COUNTERCLAIM:

If you have been served this dispute note and it includes a

counterclaim that has added you as a new party to the action, you

have only a short time to respond to this counterclaim:

20 days if you are served in Alberta

30 days if you are served outside Alberta

You must either:

1 Settle the counterclaim directly with the plaintiff by

counterclaim.

- or -

2 Pay the amount plus interest and costs as claimed in the

counterclaim to the Provincial Court office by cash, certified

cheque, money order or debit card (if available) only.

- or -

3 Dispute the counterclaim within the time limit set out above,

by doing the following:

(

a) Complete a dispute note to counterclaim giving your

reasons for disputing the counterclaim. If there are parts of

the counterclaim you agree with, fill out paragraph 2 in the

dispute note to counterclaim.

(

b) File the dispute note to counterclaim and pay the applicable

filing fee either in person at any Provincial Court office, or

by mail to the Provincial Court location shown on the

dispute note. The Provincial Court must receive a dispute

note to counterclaim and the applicable filing fee within the

time limit set out above.

WARNING:

If you fail to do one of the options listed above, or are late in

doing so, the plaintiff by counterclaim may request to note you in

default and apply to the Court for judgment against you in the

amount set out in their counterclaim.

If you are an existing party to the action and have received this

dispute note and it includes a counterclaim, you may respond to

the counterclaim by completing one of the options listed above,

but you are not required to do so.

Forms and self-help materials are available at any Provincial

Court location and on the Alberta Courts website at:

https://www.albertacourts.ca/provincial-court/civil

Form 3

(Section 6, 8 or 11 of the Provincial Court

Civil Procedure Regulation)

Clerk's stamp

ACTION NUMBER

PROVINCIAL COURT OF ALBERTA (CIVIL)

COURT LOCATION

PLAINTIFF(

S) DEFENDANT(

S) DOCUMENT REQUEST TO NOTE IN DEFAULT

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

Document filed on behalf of the following

party(parties):

[] Plaintiff [] Defendant

Address for service (building, street, apt., unit, P.O. Box number)

City/Town

Province

Postal Code

Daytime Phone No.

( )

Cellular Phone No.

( )

Fax No. for service

( )

E-mail address for service

Represented by:

[] Lawyer

[] Student-at-law

[] Agent

[] Self

Name of Lawyer/

Student-at-law/Agent

(if any)

Firm Name (if any)

1 As no dispute note has been filed, the time for doing so has expired

and proof of service has been filed with the Court, (name of

party) requests the Clerk of the Court to note the following

party(parties) in default (check applicable box(es) and provide

name(s)):

[] defendant(s) __________________________________ (name)

[] defendant(

s) by counterclaim ____________________ (name)

[] third party defendant(s) _________________________ (name)

2 (Complete this

section only if you are asking to note a defendant in default

- not a defendant by counterclaim or a third party defendant)

The party filing this document requests, in respect of the defendant(

s) noted in default, that: (check the applicable box)

[] a hearing date be set to assess the damages

[] a judgment be entered based on the supporting affidavit

without further notice to the above named defendant(s).

NOTICE TO PARTY FILING THIS DOCUMENT:

If you have requested a noting in default on a counterclaim or third

party claim, no further steps may be taken to obtain judgment without

the permission of the Court.

For office use only

This matter is set for a hearing to assess the damages on:

____________, 20___, at ___________ [] a.m. [] p.m.

in Courtroom # _______________________.

Form 4

(Section 6 of the Provincial Court

Civil Procedure Regulation)

Clerk's stamp

ACTION NUMBER

PROVINCIAL COURT OF ALBERTA (CIVIL)

COURT LOCATION

PLAINTIFF(

S) DEFENDANT(

S) DOCUMENT REQUEST FOR DEFAULT JUDGMENT

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

Document filed on behalf of the following

party(parties):

18 years old or over?

[] Yes [] No [] n/a

Address for service (building, street, apt., unit, P.O. Box number)

City/Town

Province

Postal Code

Daytime Phone No.

( )

Cellular Phone No.

( )

Fax No. for service

( )

E-mail address for service

Represented by:

[] Lawyer

[] Student-at-law

[] Agent

[] Self

Name of Lawyer/

Student-at-law/Agent

(if any)

Firm Name (if any)

1 As no dispute note has been filed, the time for doing so has expired and

proof of service of the civil claim has been filed with the Court, the

plaintiff(

s) requests the Clerk of the Court to enter default judgment

against the defendant(s) (name of defendant(s)) in the following

amount:

(

A) AMOUNT CLAIMED

(not including interest or costs) $_________

Less payments made since

date claim was filed - $_________

(TOTAL A) = $_____________

(

B) INTEREST (attach your calculation of interest)

(TOTAL B) = $_____________

(

C) COSTS (attach your calculation of costs)

(TOTAL C) = $_____________

(

D) TOTAL JUDGMENT OF (A+B+C) = $_____________

Form 5

(Section 7 of the Provincial Court

Civil Procedure Regulation)

Clerk's stamp

ACTION NUMBER

PROVINCIAL COURT OF ALBERTA (CIVIL)

COURT LOCATION

PLAINTIFF(

S) DEFENDANT(

S) DOCUMENT DISPUTE NOTE TO COUNTERCLAIM

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

Document filed on behalf of the following

party(parties):

18 years old or over?

[] Yes [] No [] n/a

Address for service (building, street, apt., unit, P.O. Box number)

City/Town

Province

Postal Code

Daytime Phone No.

( )

Cellular Phone No.

( )

Fax No. for service

( )

E-mail address for service

Represented by:

[] Lawyer

[] Student-at-law

[] Agent

[] Self

Name of Lawyer/

Student-at-law/Agent

(if any)

Firm Name (if any)

1 I dispute the counterclaim for the following reasons: (Explain which

parts of the counterclaim you do not agree with and why. Simply stating that

you cannot afford to pay the counterclaim is not a valid defence.)

_____________________________________________________

2 I admit the following parts of the counterclaim:

_____________________________________________________

3 Regarding the amount claimed in the counterclaim (check applicable

box if you agree to pay all or a part of the counterclaim):

[] I agre