Alberta Gazette — 31 March 2014 (Part II)
31 March 2014
Alberta — Gazette
Alberta Regulation 31/2014
Agricultural Operation Practices Act
STANDARDS AND ADMINISTRATION AMENDMENT REGULATION
Filed: March 4, 2014
For information only: Made by the Minister of Agriculture and Rural Development
(M.O. 006/2014) on February 25, 2014 pursuant to
section 44(2) of the Agricultural
Operation Practices Act.
1 The Standards and Administration Regulation
(AR 267/2001) is amended by this Regulation.
Section 29 is amended by striking out "June 30, 2014" and
substituting "June 30, 2017".
--------------------------------
Alberta Regulation 32/2014
Agricultural Operation Practices Act
BOARD ADMINISTRATIVE PROCEDURES AMENDMENT REGULATION
Filed: March 4, 2014
For information only: Made by the Natural Resources Conservation Board on
February 4, 2014 pursuant to
section 44(3) of the Agricultural Operation Practices
Act.
1 The Board Administrative Procedures Regulation
(AR 268/2001) is amended by this Regulation.
Section 39 is amended by striking out "June 30, 2014" and
substituting "June 30, 2017".
Alberta Regulation 33/2014
Municipal Government Act
AERONAUTICS ACT AGREEMENTS (CITY OF MEDICINE HAT
AND CYPRESS COUNTY) REGULATION
Filed: March 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 59/2014)
on March 5, 2014 pursuant to
section 603 of the Municipal Government Act.
Definitions
1 In this Regulation,
(a) "aircraft", "airport" and "airport site" have the meanings
given to them in the Aeronautics Act (Canada);
(b) "municipality" means
(
i) the City of Medicine Hat, or
(ii) Cypress County.
Agreements
2 A municipality may
(
a) enter into agreements under
section 5.81 of the Aeronautics
Act (Canada) in respect of lands within its municipal
boundaries, and
(
b) pursuant to an agreement referred to in clause (a), make
bylaws to prohibit or regulate and control the use and
development of land and buildings that are within its
municipal boundaries and adjacent to or in the vicinity of an
airport or airport site, for the purpose of ensuring that the use
and development are not incompatible with the safe operation
of an airport or aircraft.
Repeal
3 This Regulation is made under
section 603(1) of the Act and is
subject to repeal under
section 603(2) of the Act.
Alberta Regulation 34/2014
Municipal Government Act
PLANNING EXEMPTION AMENDMENT REGULATION
Filed: March 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 60/2014)
on March 5, 2014 pursuant to
section 618 of the Municipal Government Act.
1 The Planning Exemption Regulation (AR 223/2000) is
amended by this Regulation.
2 The following is added after
section 4.7:
Application re change to environmental reserve
4.8 The words "for a term of not more than 3 years" in
section
676(1)(
c) of
Part 17 of the Act do not apply to the City of Edmonton
for the purpose of disposing of an interest in an environmental
reserve by way of granting and registering a conservation easement
in accordance with the Alberta Land Stewardship Act on the title in
respect of the land legally described as follows:
Plan 1027072
Block A
Lot 1ER (Environmental Reserve)
Containing 23.7 hectares (58.56 acres) more or less
Excepting thereout all mines and minerals
--------------------------------
Alberta Regulation 35/2014
Government Organization Act
EDMONTON RESTRICTED DEVELOPMENT AREA
AMENDMENT REGULATION
Filed: March 5, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 62/2014)
on March 5, 2014 pursuant to
Schedule 5,
section 4 of the Government Organization
Act.
1 The Edmonton Restricted Development Area
Regulations (AR 287/74) are amended by this Regulation.
2 Item 1 of the Schedule, describing land located in
Township 53, Range 25, West of the Fourth Meridian, is
amended by striking out
SECTION 35: Plans 882 1697 and 882 2071, showing survey for
descriptive purposes of a right-of-way for a
Transportation/Utility Corridor; Plans 772 1070
and 772 1071 within the northwest quarter of
section 35; EXCEPTING THEREOUT Plan
012 6293 and Plan 122 4335.
and substituting
SECTION 35: Plans 882 1697 and 882 2071 showing survey for
descriptive purposes of a right-of-way for a
Transportation/Utility Corridor; Plans 772 1070
and 772 1071 within the northwest quarter of
section 35; EXCEPTING THEREOUT Plans
012 6293, 122 4335 and 132 0797.
EXCEPTING THEREOUT All that portion of the
original government road allowance (142 Street),
within Plan 882 2071 and lying south of the
original government road allowance (167 Avenue).
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Alberta Regulation 36/2014
Fair Trading Act
TIME SHARE AND POINTS-BASED CONTRACTS AND BUSINESS
(EXTENSION OF EXPIRY DATE) AMENDMENT REGULATION
Filed: March 6, 2014
For information only: Made by the Minister of Service Alberta (M.O. SA:001/2014)
on February 27, 2014 pursuant to sections 4.1, 12(e), 41, 105 and 162(2) of the Fair
Trading Act.
1 The Time Share and Points-based Contracts and Business
Regulation (AR 105/2010) is amended by this Regulation.
Section 29 is amended by striking out "June 30, 2014" and
substituting "June 30, 2019".
Alberta Regulation 37/2014
Marketing of Agricultural Products Act
ALBERTA EGG PRODUCERS BOARD AUTHORIZATION
AMENDMENT REGULATION
Filed: March 10, 2014
For information only: Made by the Alberta Agricultural Products Marketing Council
on September 13, 2013 and approved by the Minister of Agriculture and Rural
Development on February 25, 2014 pursuant to sections 26 and 27 of the Marketing
of Agricultural Products Act.
1 The Alberta Egg Producers Board Authorization
Regulation (AR 279/97) is amended by this Regulation.
2 The title is repealed and the following is substituted:
EGG FARMERS OF ALBERTA
AUTHORIZATION REGULATION
Section 1 is amended
(
a) in clause (
b) by striking out "Alberta Egg Producers
Board" and substituting "Egg Farmers of Alberta";
(
b) in clause (
c) by striking out "Alberta Egg Producers
Plan Regulation" and substituting "Egg Farmers of
Alberta Plan Regulation".
Section 3(
c) is repealed and the following is substituted:
(
c) governing the transferability or non-transferability of quota;
Section 5 is repealed.
Section 6 is amended by striking out "May 31, 2014" and
substituting "September 30, 2024".
Alberta Regulation 38/2014
Marketing of Agricultural Products Act
EGG PRODUCTION AND MARKETING AMENDMENT REGULATION
Filed: March 10, 2014
For information only: Made by the Alberta Egg Producers Board on September 9,
2013 and approved by the Agricultural Products Marketing Council on October 29,
2013 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.
1 The Egg Production and Marketing Regulation
(AR 293/97) is amended by this Regulation.
2 The title is repealed and the following is substituted:
EGG FARMERS OF ALBERTA
MARKETING REGULATION
Section 1(1) is repealed and the following is substituted:
Definitions
1(1) In this Regulation,
(a) "animal care policy" means the Board's policy relating to
animal care as amended from time to time;
(b) "eggs for processing quota" means the number of dozens of
eggs that a producer is entitled to market to a processor in
accordance with the Canadian Egg Marketing Agency Quota
Regulations, 1986 (Canada);
(c) "hatcheryman" means a person who markets pullets or hens;
(d) "new entrants" means a producer who is allocated quota in
accordance with the Board's new entrants policy;
(e) "permit" means a written authorization issued by the Board
pursuant to the Federal-Provincial Agreement;
(f) "quota year" means January 1 to December 31;
(g) "Salmonella enteritidis Insurance Program" means the
Canadian Egg Industry Reciprocal Alliance National
Salmonella enteritidis insurance program, as varied from
time to time, approved by the Board for registered producers;
(h) "Start Clean-Stay Clean program" means the Canadian Egg
Marketing Agency's on farm food safety program for egg
producers known as Start Clean-Stay CleanTM, as varied from
time to time;
(i) "total provincial allotment of quota" means Alberta's share
of regulated eggs under the national quota as established by
the Federal-Provincial Agreement and expressed either in
dozens of eggs or, if converted by the Board, in numbers of
hens;
(j) "transfer" means every mode, direct or indirect, absolute or
conditional, voluntary or involuntary, of disposing of or
parting with property or with an interest in property, with or
without judicial proceedings, and includes, without
limitation, a transfer by conveyance, sale, payment, pledge,
mortgage, lien, encumbrance, gift or security.
Section 6 is amended by adding the following after
subsection (6):
(7) An applicant for a producer licence shall pay the fee, as set by
the Board, and include that fee with the submission of the
application.
Section 8 is amended
(
a) in subsection (1)(c.1)
(
i) in subclause (iii) by striking out "enteriditis" and
substituting "enteritidis";
(ii) by striking out "or" at the end of subclause (ii),
by adding "or" at the end of subclause (iii) and
by adding the following after subclause (iii):
(iv) fails to comply with the animal care policy,
(
b) in subsection (1.1) by adding "and the animal care
policy" after "program";
(
c) in subsection 2(
d) by striking out "or" at the end of
subclause (ii), by adding "or" at the end of
subclause (iii) and by adding the following after
subclause (iii):
(iv) fails to comply with the animal care policy,
(
d) in subsection (2.1) by adding "and the animal care
policy" after "program".
Section 10.1 is repealed and the following is substituted:
Deemed production quota
10.1 For the purpose of determining the production quota of a
registered producer, one hen is deemed to produce the number of
dozens of eggs per quota year as may be prescribed by the Board
from time to time.
Section 12 is repealed and the following is substituted:
Allotting quota
12(1) If the Board determines that the total provincial allotment of
quota should be increased, the increase shall
(
a) be allocated to new entrants under the new entrants policy,
(
b) sold to registered producers at fair market value, or
(
c) retained by the Board under
section 29.1.
(2) If the Board determines that the total provincial allotment of
quota should be decreased, the Board may apportion the decrease
between existing registered producers and the quota retained by the
Board under
section 29.1 in any manner determined by the Board.
(3) The manner, nature, time, date and place of the sale referred to
in subsection (1)(
b) shall be determined by the Board.
(4) Where a registered producer is allotted a possession quota or an
amended possession quota increasing the maximum number of hens
that may be possessed by that producer, the registered producer must
have those hens in production in the production facilities of that
producer within 10 years of being notified by the board of the
allotment, otherwise the quota reverts to the Board.
Section 14(4) is amended by striking out "5 years" and
substituting "10 years".
Section 16 is amended
(
a) in subsection (1) by striking out "A" and
substituting "Subject to subsection (6), a";
(
b) by adding the following after subsection (5):
(6) The Board may require that all quota to be leased be subject
to a Board administered leasing pool.
10 The following is added after
section 24.2:
Use of service charges
24.3 The Board may use service charges, licence fees, levies and
other money paid to it for the purposes of paying its expenses and
administering the Plan and regulations made by the Board.
Section 29 is repealed and the following is substituted:
Animal care policy
29 All registered producers shall comply with the Board's animal
care policy as amended from time to time.
Section 31 is repealed.
Section 32 is amended by striking out "May 31, 2014"
and substituting "September 30, 2019".
--------------------------------
Alberta Regulation 39/2014
Forests Act
HINTON TRAINING CENTRE RATES (INCORPORATION
OF DIRECTIVE) REGULATION
Filed: March 12, 2014
For information only: Made by the Minister of Environment and Sustainable
Resource Development (M.O. 13/2014) on February 27, 2014 pursuant to
section 5(
d) of the Forests Act.
Table of Contents
1 Incorporation of Directive
2 Publication
3 Repeal
4 Expiry
5 Coming into force
Incorporation of Directive
1 A directive entitled the Hinton Training Centre Rates Directive and
made by the Assistant Deputy Minister responsible for the Hinton
Training Centre, as that directive exists (with amendments, if any) as at
the end of March 2014, including any amendments subsequently made
to it, is incorporated by reference, in whole and without modification,
as if it were contained in this Regulation.
Publication
2 The Minister shall ensure that the Directive is published on the
Department's website and in such other manner as is appropriate to
bring it to the attention of those who may be affected by it.
Repeal
3 The Hinton Training Centre Rates Regulation (AR 69/2004) is
repealed.
Expiry
4 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be
repassed in its present or an amended form following a review, this
Regulation expires on March 31, 2023.
Coming into force
5 This Regulation comes into force on April 1, 2014.
--------------------------------
Alberta Regulation 40/2014
Mines and Minerals Act
OIL SANDS ALLOWED COSTS (MINISTERIAL)
AMENDMENT REGULATION
Filed: March 12, 2014
For information only: Made by the Minister of Energy (M.O. 19/2014) on February
25, 2014 pursuant to
section 36(5.1) of the Mines and Minerals Act.
1 The Oil Sands Allowed Costs (Ministerial) Regulation
(AR 231/2008) is amended by this Regulation.
Schedule 1 is amended in Item 20
(
a) in Column 1
(
i) by striking out "Complying" and substituting
"Except as set out in Column 2, complying";
(ii) by adding "and Sustainable Resource Development"
after "Environment";
(
b) in Column 2 by adding "A contribution, whether
monetary or otherwise, made in support of the activities set
out in the approved annual monitoring plan developed in
accordance with the Oil Sands Environmental Monitoring
Program".
3 This Regulation, other than
section 2(a)(ii), is deemed to
have come into force on January 1, 2012.
--------------------------------
Alberta Regulation 41/2014
Judicature Act
ALBERTA RULES OF COURT AMENDMENT REGULATION, 2014
Filed: March 12, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 64/2014)
on March 12, 2014 pursuant to
section 28.1 of the Judicature Act.
1 The Alberta Rules of Court (AR 124/2010) are amended
by this Regulation.
2 Rule 12.60 is amended
(
a) in subrule (1) by striking out "Subject to subrule (2), a"
and substituting "A";
(
b) by repealing subrule (2).
3 Rule 12.71 is amended
(
a) in subrule (2) by striking out "and subrule (3) apply"
and substituting "applies";
(
b) by repealing subrule (3).
4 The heading preceding Rule 14.1 and Rule 14.1 are
repealed and the following is substituted:
Part 14
Appeals
Division 1
The Right to Appeal
Subdivision 1
Interpretation and Application
Definitions
14.1(1) In this Part,
(a) "appeal" means an appeal to the Court of Appeal governed
by this Part;
(b) "appellant" means a person who under an enactment or these
rules
(
i) files an application for permission to appeal to the Court
of Appeal, or
(ii) files a notice of appeal;
(c) "case management officer" means a person appointed as a
case management officer under the Court of Appeal Act;
(d) "Civil Appeal Hearing List" means the list referred to in rule
14.33(1) that identifies selected appeals that have been
scheduled for oral argument and the date on which each oral
argument is to be heard;
(e) "court appealed from" means the court, person or tribunal
from which an appeal has been brought;
(f) "decision" means the whole or any part of the decision of the
court, person or tribunal from which an appeal lies and
includes a judgment, order, decision, verdict, direction,
determination or award and, where the context requires,
includes the verdict or finding of a jury;
(g) "fast track appeal" means an appeal that must be managed in
accordance with rule 14.14;
(h) "file" means to present the correct document and obtain an
acknowledgment by the Registrar of the Court of Appeal that
the document is part of the Court of Appeal Record;
(i) "judge", when used in reference to the Court of Appeal,
includes the Chief Justice of Alberta, the justices of appeal
and the supernumerary judges of the Court of Appeal;
(j) "panel" means three or more judges of the Court of Appeal
unless the Chief Justice, in case of emergency, declares that
two judges may form a panel;
(k) "party" means a party to an appeal or an application under
this Part and includes an intervenor where the context
requires;
(l) "Registrar" means a person appointed as a Registrar of the
Court of Appeal under the Court of Appeal Act and includes
a Deputy Registrar of the Court of Appeal and any person
designated by a Registrar or the Chief Justice of Alberta to
act for a Registrar;
(m) "respondent" means, unless the context otherwise requires,
the person who, under an enactment or these rules,
(
i) is named as a respondent to an application for
permission to appeal, or
(ii) is named as a respondent to an appeal;
(n) "standard appeal" means an appeal other than a fast track
appeal;
(o) "Unscheduled Civil Appeals List" means the list referred to
in rule 14.33(2) that identifies all the appeals that have not
been scheduled for oral argument, which are to be spoken to
at the next calling of the List.
(2) Where a respondent files a notice of cross appeal, unless this Part
otherwise provides, the rules relating to appeals apply to the cross
appeal and, in particular,
(
a) references to an appeal include a cross appeal;
(
b) references to an appellant include a respondent who files a
notice of cross appeal;
(
c) references to a respondent include an appellant who is named
as a respondent in a notice of cross appeal;
(
d) references to parties to an appeal include parties to a cross
appeal.
Application of general rules
14.2(1) Subject to this Part, to any enactment, and to any direction by
an appeal judge, if this Part does not deal with a matter, other Parts of
these rules apply to appeals, with any appropriate modifications.
(2) Where a rule in this Part provides that a specific rule in another
Part applies to appeals, the specific rule applies with any appropriate
modifications.
(3) Rule 13.5(1) does not apply to a time period or deadline referred to
in this Part.
(4) Subject to any appropriate modifications or any direction by an
appeal judge, when applying the provisions of any other Part to an
appeal under this Part,
(
a) a reference to the court clerk or a court officer is to be read as
a reference to the Registrar;
(
b) a reference to a plaintiff is to be read as a reference to an
appellant;
(
c) a reference to a defendant is to be read as a reference to a
respondent;
(
d) a reference to the court or a judge are to be read as a
reference to an appeal judge;
(
e) a reference to a pleading or commencement document
includes a reference to a notice of appeal, a notice of cross
appeal or an application for permission to appeal.
(5) In this Part, "appropriate modifications" means those changes and
modifications to the use and
interpretation of these rules necessary or
appropriate for a rule in another Part to apply to and to be used in
appellate practice.
When these rules apply
14.3 If a person has a right to appeal to the Court of Appeal under an
enactment or these rules or is granted permission to appeal to the Court
of Appeal, the appeal must be made and managed in accordance with
this Part.
Subdivision 2
Appeals as of Right
Right to appeal
14.4(1) Except as otherwise provided, an appeal lies to the Court of
Appeal from the whole or any part of a decision of a Court of Queen's
Bench judge sitting in court or chambers, or the verdict or finding of a
jury.
(2) No appeal is allowed to the Court of Appeal from the dismissal by
a Court of Queen's Bench judge of an application made without notice.
(3) Where an application has been made to the Court of Queen's
Bench without notice and has been dismissed, the applicant may
reapply
(
a) on notice, if the dismissal was for lack of notice, or
(
b) by renewal of the application if the dismissal was for reasons
other than the lack of notice.
(4) No appeal is allowed directly to the Court of Appeal from a
decision of a master in chambers.
(5) No appeal is allowed
(
a) from a judgment granting a divorce, on or after the date on
which the divorce takes effect, or
(
b) unless an appeal judge extends the time, from an order made
in a divorce proceeding, more than 30 days after the date on
which the order was made.
Subdivision 3
Appeals with Permission
Appeals only with permission
14.5(1) Except as provided in this rule, no appeal is allowed to the
Court of Appeal from the following types of decisions unless
permission to appeal has been obtained:
(
a) a decision of a single appeal judge;
(
b) any pre-trial decision directing adjournments, time periods or
time limits;
(
c) any ruling during trial, where the appeal is brought before the
trial is concluded;
(
d) a decision made on the consent of the parties;
(
e) a decision as to costs only, but an appeal or cross appeal is
not "as to costs only" if a related substantive decision is also
being appealed;
(
f) any decision where permission to appeal is required by an
enactment;
(
g) any decision in a matter where the controversy in the appeal
can be estimated in money and does not exceed the sum of
$25 000 exclusive of costs;
(
h) any decision on security for costs;
(
i) any decision of the Court of Queen's Bench sitting as an
appeal court under rule 12.71;
(
j) any appeal by a person who has been declared a vexatious
litigant in the court appealed from.
(2) Permission to appeal decisions of single appeal judges under
subrule (1)(
a) must be sought from the same judge who made the
decision that is to be appealed.
(3) No appeal is allowed under subrule (1)(
a) from a decision of a
single appeal judge denying permission to appeal.
(4) No appeal is allowed under subrule (1)(
j) from an order denying
the vexatious litigant leave to institute or continue proceedings.
Subdivision 4
Cross Appeals
Cross appeals
14.6(1) A respondent to an appeal may cross appeal any decision on
which it could have commenced an appeal, by filing a notice of cross
appeal under rule 14.11.
(2) Subject to subrule (3), where an appeal has been commenced as of
right or with permission, the respondent does not need permission to
file a cross appeal with respect to any decision described in rule 14.5 if
the cross appeal is only intended to vary the decision already under
appeal.
(3) Where an enactment provides that an appeal may be commenced
in the Court of Appeal with permission, a respondent who wishes to
cross appeal must apply for permission to cross appeal.
Division 2
The Appeal Process
Subdivision 1
Starting an Appeal or Cross Appeal
How to start an appeal
14.7 Appeals must be started
(
a) where an enactment or these rules give a right of appeal, by
filing a notice of appeal under rule 14.8, or
(
b) where permission to appeal must be obtained, by applying for
permission under rule 14.44, and if permission is granted, by
then filing a notice of appeal under rule 14.8.
Filing a notice of appeal
14.8(1) In this rule, "date of decision" means the later of
(
a) the date that the judgment, order or other decision being
appealed is made, or
(
b) if reasons are given after a judgment, order or other decision
being appealed is made, the date the reasons are issued.
(2) An appellant must
(
a) file with the Registrar 3 copies of a notice of appeal that
meets the requirements of rule 14.12 and Form AP-1,
(
i) within the time for commencing an appeal stated in an
enactment,
(ii) if the appellant is granted permission to appeal, within
10 days after the date permission is granted, or
(iii) if subclauses (
i) and (ii) do not apply, within one month
after the date of decision,
and
(
b) for every other party to the appeal, file and serve one
additional copy of the notice of appeal within the time
periods mentioned in clause (a).
(3) Where permission to appeal is required, an application for
permission to appeal in accordance with rule 14.44 must be filed,
served and returnable within the time periods mentioned in subrule
(2)(a).
(4) The appellant must serve a filed copy of the notice of appeal on
every party to the decision that is the subject of the appeal and any
person or body that these rules, an enactment or the direction of an
appeal judge require to be served.
(5) Appeals arising in the judicial centres of Calgary, Drumheller,
Lethbridge, Medicine Hat or Red Deer must be filed at the office of the
Registrar of the Court of Appeal in Calgary, and appeals arising in all
other judicial centres must be filed at the office of the Registrar of the
Court of Appeal in Edmonton.
(6) Despite subrule (5), in urgent situations an appellant may make
arrangements with a Registrar to file a notice of appeal in either office
of the Registrar of the Court of Appeal or to file a notice of appeal
electronically.
Appeals from several decisions
14.9 A separate notice of appeal must be filed for each decision that
is appealed, except where
(
a) the appeal concerns several decisions made by the court
appealed from that arise out of the same hearing,
(
b) the appeal concerns a substantive decision, and a ruling on
costs for the same hearing,
(
c) the appeal is of a decision that varies, confirms, explains, or
provides for the enforcement of a previous decision, and the
previous decision is also being appealed, or
(
d) a case management officer otherwise orders.
Notice to Court of Queen's Bench
14.10 Where the appeal is from a decision of the Court of Queen's
Bench, the appellant must file a copy of the notice of appeal with that
court within the time specified in rule 14.8(2).
How to start a cross appeal
14.11 A respondent who contends that the decision of the court
appealed from should be varied must, within the time for filing an
appeal or within 10 days of service of the notice of appeal, whichever
is later,
(
a) file with the Registrar
(i) 3 copies of a notice of cross appeal in Form AP-2, or
(ii) where permission to cross appeal is required under rule
14.6(3), an application for permission to cross appeal,
and
(
b) for every other party to the appeal and cross appeal, file and
serve an additional copy of the notice of cross appeal or
application.
Subdivision 2
Notices of Appeal and Cross Appeal
Contents and format of notices of appeal
and cross appeal
14.12(1) A notice of appeal must be in Form AP-1 and a notice of
cross appeal must be in Form AP-2.
(2) A notice of appeal must contain the following information:
(
a) the parties' names, in the same order used in the style of
cause in the court appealed from, with an indication of the
status of each on the appeal and in the court appealed from;
(
b) the name and file number used in the court appealed from;
(
c) whether the whole or only part of the decision is appealed,
and if only
part is appealed, which part;
(
d) whether the appeal is required by these rules to be, or it is
anticipated the appeal will be, managed as a fast track appeal;
(
e) whether the action under appeal was the subject of a
restricted access order under
Part 6, Division 4, or of any
statutory restriction on publication;
(
f) the relief claimed.
(3) A notice of appeal or cross appeal must include
(
a) where permission to appeal was required, particulars of or a
copy of the order granting permission to appeal, and
(
b) particulars of or a copy of the judgment, order or other
decision being appealed.
Subdivision 3
Types of Appeals
Standard appeals
14.13(1) All appeals that are not fast track appeals are standard
appeals.
(2) A case management officer may direct that any appeal must or
must not be managed as a fast track appeal.
Fast track appeals
14.14(1) Fast track appeals are appeals from a decision, or part of a
decision, that does not finally determine all or some significant part of
the substantive rights in issue.
(2) Unless otherwise ordered, appeals from the following kinds of
decisions are to be dealt with as fast track appeals:
(
a) a ruling by a judge made during a trial;
(
b) a decision as to custody, access, parenting or support of a
child;
(
c) a decision concerning support for a present or former spouse
or adult interdependent partner made without a trial being
held;
(
d) a decision concerning only costs or liability to pay fees or
costs;
(
e) a decision denying
summary judgment.
(3) Unless otherwise ordered, appeals from the following kinds of
decisions are not fast track appeals:
(
a) a decision granting
summary judgment or striking out a
statement of claim, statement of defence or third party notice;
(
b) a decision refusing to open a default judgment or a noting in
default;
(
c) a decision permitting or directing default judgment;
(
d) a decision staying an action indefinitely;
(
e) a decision dismissing an action on procedural grounds;
(
f) certification of or failure to certify a class proceeding.
Subdivision 4
Appeal Record
Ordering the Appeal Record
14.15(1) Subject to rule 14.20, the appellant must
(
a) within 10 days after filing a notice of appeal, order or
commence preparation of the Appeal Record,
(
b) order from Transcript Management Services or any other
commercial preparer a transcript of
(
i) all oral evidence,
(ii) subject to subrule (iii), only such part of the argument as
is necessary to dispose of the appeal,
(iii) all oral argument in a chambers hearing, if that hearing
did not exceed one-half day, and
(iv) any oral reasons for the decision under appeal and for
any other ruling that will be an issue on the appeal,
and
(
c) within 5 days after ordering the Appeal Record and
transcripts, file a copy of the order and serve a filed copy on
the respondent.
(2) Unless the Appeal Record is being prepared by the appellant, a
copy of any amendment to, or countermand of, the instructions to
prepare the Appeal Record or transcripts must be filed and served on
the respondent within a reasonable time after the amendment is made
or the countermand given.
Filing the Appeal Record - standard appeals
14.16(1) Subject to rules 14.18 and 14.21, the appellant in a standard
appeal must file 5 copies of the Appeal Record, consisting of
(
a) Part 1 - Pleadings,
(
b) Part 2 - Final Documents, and
(
c) Part 3 - Transcripts, consisting of
(
i) one paper and one electronic copy, if an electronic copy
is available, or
(ii) 5 paper copies, if no electronic copy is available.
(2) In addition to the copies required under subrule (1), the appellant
must serve on every other party to the appeal a copy of the Appeal
Record and an electronic copy of the Transcripts.
(3) The Appeal Record and Transcripts must be
(
a) prepared promptly and filed and served forthwith after they
are prepared, and
(
b) filed not later than 4 months from the date on which the
notice of appeal was filed,
or the appeal will be struck by the Registrar.
Filing the Appeal Record - fast track appeals
14.17(1) Rule 14.16 applies to fast track appeals, except that
(
a) the Appeal Record may be prepared in compliance with rule
14.22,
(
b) subject to subrule (2), unless otherwise ordered by a case
management officer, the Appeal Record and Transcripts must
be filed and served on the other parties to the appeal
immediately after they are prepared, and not later than one
month from the date on which the notice of appeal was filed,
and
(
c) unless otherwise ordered, electronic copies of Transcripts
need not be filed.
(2) If the Transcripts are not available when the Appeal Record is filed
and served in accordance with subrule (1), the Table of Contents of the
Appeal Record must mention that, and the Transcripts must be filed
and served as soon as possible.
Contents of Appeal Record - standard appeals
14.18(1) The Appeal Record for standard appeals must meet the
requirements of rule 14.21 and must contain the following:
(
a) a Table of Contents at the beginning of every volume, listing
separately each document and showing the page number
where the document can be found;
(
b) Part 1 - Pleadings, which must contain the relevant
pleadings in the action in chronological order, including
(
i) the relevant pleadings, but the last version only of any
pleading that was amended before trial,
(ii) any amendments to pleadings made at trial, and
(iii) if the appeal concerns a decision arising from an
application, a copy of the application;
(
c) Part 2 - Final Documents, which must include
(
i) the written or transcribed reasons
(
A) that led to the decision being appealed, including
the reasons for any decision rendered during the
trial that is relevant to the disposition of the appeal,
and
(
B) of any prior decision of a judge, master or tribunal
that led to the decision now appealed,
(ii) the formal judgment, order or decision appealed,
(iii) any restricted access order,
(iv) any prior order, reference to which is required to resolve
the appeal,
(
v) the order granting permission to appeal, if any,
(vi) the notice of appeal,
(vii) the notice of cross appeal, if any,
(viii) when an enactment or these rules requires service on the
Minister or the Minister of Justice and Attorney General
for Canada, or both, proof of that service, and
(ix) if there is no oral record that can be transcribed for
Part
3, a notation to that effect in the Table of Contents.
(
d) Part 3 - Transcripts, which must contain the following
information:
(
i) a table of contents at the beginning of every volume,
listing separately each part of the transcript, the name of
each witness and questioner and showing the page
number where the part or the testimony of the witness
or questioner begins;
(ii) all oral evidence, but only such part of the argument that
is necessary to determine the appeal or that is required
by rule 14.15(1)(b)(iii);
(iii) in the case of an appeal from a judgment in a jury trial,
the answers given to any questions from the jury, the
judge's charge to the jury and the address to the jury of
each party.
(2) Where any document required for the Appeal Record is not
available at the time of its preparation, a note to that effect must be
inserted in the Appeal Record in its place, and sufficient copies of the
unavailable document must be filed as soon as possible or included in
or appended to another document required to be filed.
(3) A case management officer may set or vary the contents or format
of the Appeal Record as the nature of the appeal requires, including
giving directions respecting transcripts.
Contents of Appeal Record - fast track appeals
14.19 Rule 14.18 applies to fast track appeals, except that rule 14.22
applies to the format of the Appeal Record for fast track appeals.
Contents of Appeal Record - appeals from tribunals
14.20(1) Where the appeal is from the decision of a person or body
other than a court, the contents, format and filing of the Appeal Record
must follow the format for standard appeals as set out in rule 14.18,
except that, subject to any direction of a case management officer,
(
a) the contents of the Appeal Record must be prepared with
appropriate changes, as the circumstances require, in order to
ensure that the information required to resolve the appeal is
before the Court, and
(
b) the Transcripts need only consist of any existing transcripts
of evidence before the person or body whose decision is
being appealed.
(2) A single appeal judge may make any order required to obtain
production of records from the person or body whose decision is being
appealed.
Format of Appeal Record - standard appeals
14.21(1) The Appeal Record must
(
a) be printed single-sided and bound together along the right
edge of the page so that the printed text is to the left of the
binding;
(
b) number the Pleadings starting with page P1, and the Final
Documents with page F1;
(
c) have red cardstock covers, front and back;
(
d) be divided into numbered volumes of approximately 200
pages each.
(2) The Transcripts must
(
a) be prepared by an official court reporter or comply with the
Transcript Fees and Format Regulation (AR 167/2010);
(
b) be prepared in an electronic format approved by the Registrar
and uploaded before the paper copy is filed;
(
c) be paginated and printed double-sided;
(
d) have grey cardstock covers, front and back;
(
e) be divided into numbered volumes of approximately 200
pages each.
(3) With the consent of all parties, or by order, an Appeal Record may
be completed in electronic format.
Format of Appeal Record - fast track appeals
14.22 Rule 14.21 applies to fast track appeals, except
(
a) if less than 200 pages in length, the Appeal Record may be
all in one volume, with red covers, and a comprehensive
index;
(
b) the items in the Appeal Record may be separated by tabs, and
consecutively numbered within each tab, rather than
continuously numbered.
Division 3
Preparing Written Argument and Scheduling
Oral Argument of Appeals
Subdivision 1
Factums
Filing factums - standard appeals
14.23(1) The appellant in a standard appeal must file 5 copies of an
appellant's factum that meet the requirements of rules 14.25 and 14.26,
and must file and serve one additional copy on every other party to the
appeal before the earlier of
(a) 2 months after the filing of the Appeal Record, and
(b) 6 months after the filing of the notice of appeal
or the appeal will be struck by the Registrar.
(2) The respondent in a standard appeal must, within 2 months of
service of the appellant's factum
(
a) file 5 copies of
(
i) a respondent's factum that meets the requirements of
rule 14.25 and rule 14.26, or
(ii) a letter of intention not to file a factum,
and
(
b) for every other party to the appeal file and serve an additional
copy of the factum or letter of intention.
(3) A respondent that does not file a factum will not be permitted to
present oral argument unless the panel orders otherwise.
(4) Where a cross appeal has been filed, the appellant must file and
serve a reply factum, or a letter of intention not to file a reply factum,
within 10 days of service of the respondent's factum.
Filing factums - fast track appeals
14.24(1) Rule 14.23 applies to fast track appeals, except that
(
a) the appellant's factum must be filed and served before the
earlier of
(i) 20 days after the Appeal Record is filed, and
(ii) 2 months after the notice of appeal is filed,
or the appeal will be struck by the Registrar,
and
(
b) the respondent's factum or letter of intention not to file a
factum must be filed and served before the earlier of
(
i) one month after service of the appellant's factum, and
(ii) 10 days before opening day of the sittings at which the
appeal is scheduled to be heard.
(2) A party that files a cross appeal in a fast track appeal must within 5
days of filing apply to a case management officer for the establishment
of a timetable and other necessary requirements for the appeal.
Contents of factums
14.25(1) A factum must include the following:
(
a) Table of Contents, including page numbers;
(
b) Part 1 - Facts: in the appellant's factum, a statement of facts
(including, if desired, a concise introductory statement of the
legal issues raised), and in the respondent's factum, its
position on the facts as stated by the appellant, and any other
facts considered relevant;
(
c) Part 2 - Grounds of Appeal: in the appellant's factum, a
concise statement of the grounds for appeal, and in the
respondent's factum, its position in regards to the stated
grounds, and any other points that may properly be put in
issue;
(
d) Part 3 - Standard of Review: a statement on the relevant
standard of review;
(
e) Part 4 - Argument: a discussion addressing the questions of
law or fact raised by the appeal;
(
f) Part 5 - Relief Sought: a statement of the relief sought,
including any special direction with respect to costs;
(
g) the estimated time required for the oral argument, within the
limits set out in rule 14.32(4);
(
h) Table of Authorities: a list of the legal authorities referred to
in the factum, that meets the requirements of rule 14.31(a);
(
i) an Appendix containing extracts from any statute, enactment
or rule necessary for the disposition of the appeal, unless they
are reproduced elsewhere in the materials to be filed.
(2) Where a cross appeal has been filed, the respondent's factum must
consist of 2 sections, each of 5 parts as required by subrule (1), entitled
"factum on the appeal" and "factum on the cross appeal", prepared in
accordance with subrule (1) with any appropriate modifications.
(3) An intervenor's factum must be prepared in the same form as a
respondent's factum, with any appropriate modifications.
(4) A case management officer may vary the format or filing of, or
dispense with the preparation of, a factum.
Format of factums
14.26(1) Factums must be
(
a) formatted using at least 12 point font, one-inch margins and
at least 1.5 line spacing, except for quotations, and
(
b) be printed single-sided and bound together along the right
hand edge of the page so that the printed text is to the left of
the binding.
(2) Parts 1 to 5 of a factum must not exceed in length
(a) 30 pages for the parties in a standard appeal,
(b) 40 pages for a respondent who has filed a cross appeal in a
standard appeal,
(c) 10 pages for an appellant's factum in response to a cross
appeal,
(d) 30 pages for an intervenor, or
(e) 12 pages for every party in a fast track appeal.
(3) Factums must contain precise references to the location, page
numbers and paragraph numbers or lines of the Appeal Record,
Extracts of Key Evidence and authorities referred to.
(4) Each factum must have cardstock covers, front and back, prepared
as required by rule 14.87(2), in the following colours:
(
a) appellants, including appellants who are cross respondents -
beige or ivory;
(
b) respondents, including respondents who are cross appellants
- green;
(
c) intervenors - blue.
Subdivision 2
Extracts of Key Evidence
Filing Extracts of Key Evidence
14.27(1) Each party to an appeal must file Extracts of Key Evidence
that meet the requirements of rule 14.29,
(
a) containing extracts of the transcripts, exhibits and other
material on the record needed to resolve the issues in the
appeal,
(
b) excluding any evidence, exhibits and other materials unlikely
to be needed, and
(
c) not containing any comment, argument, trial briefs, legal
authorities or new evidence.
(2) If any document required by rule 14.18 is not available at the time
of preparation of the Appeal Record, a copy must be included in the
Extracts of Key Evidence or appended to the factum.
(3) A party preparing Extracts of Key Evidence must file with the
Registrar, when or before filing that party's factum, 5 copies of the
Extracts of Key Evidence, and must file and serve one additional copy
on every other party to the appeal.
Record before the Court
14.28(1) Subject to any enactment, all evidence or exhibits received
by the court appealed from are an official part of the Appeal Record,
notwithstanding that no copy is filed with the Court of Appeal.
(2) If an exhibit cannot be readily reproduced and will be referred to
in argument, the Extracts of Key Evidence must be accompanied with
a letter to the Registrar requesting that the original exhibit be made
available at the hearing of the appeal.
(3) An appeal judge may direct, on any conditions that the judge
considers to be appropriate, that any records before the court appealed
from be transmitted to the Court of Appeal.
Format of Extracts of Key Evidence
14.29 Extracts of Key Evidence must
(
a) have a table of contents at the beginning of every volume,
listing separately each document, including each exhibit to
any affidavit, and showing the page number where the
document can be found;
(
b) be numbered sequentially throughout, commencing with
(
i) page A1 for the appellant's Extracts,
(ii) page R1 for the respondent's Extracts, and
(iii) page I1 for the intervenor's Extracts;
(
c) have cardstock covers, front and back, prepared as required
by rule 14.87(2), in the following colours:
(
i) appellants, including appellants who are cross
respondents - yellow;
(ii) respondents, including respondents who are cross
appellants - pink;
(iii) intervenors - blue;
(
d) be bound in volumes of approximately 200 pages each,
provided that if the Extracts of Key Evidence do not exceed
30 pages, they may be included as an appendix to the factum,
or in the Book of Authorities.
Subdivision 3
Books of Authorities
Filing Books of Authorities
14.30(1) Each party to an appeal shall prepare, if necessary, a Book
of Authorities
(
a) containing extracts of any statutes, regulations or bylaws
necessary for deciding the appeal,
(
b) including the headnote and relevant pages (or, only when
appropriate, the entirety) of any authority likely to be referred
to during oral argument or essential to the disposition of the
appeal, and
(
c) excluding well-known authorities, authorities of secondary
importance and other non-essential authorities not likely to
be referred to during oral argument.
(2) Each party must file with the Registrar, when or before filing that
party's factum, 5 copies of its Book of Authorities that meets the
requirements of rule 14.31 and must file and serve one additional copy
on every other party to the appeal.
Format of Books of Authorities
14.31 Books of Authorities must
(
a) have a comprehensive Table of Authorities, reproduced at the
beginning of every volume,
(
i) listing separately each authority, and
(ii) providing any neutral citation assigned to the authority
by the court that decided it, and at least one print
citation where available,
(
b) separate or identify each authority, by tabs or otherwise,
(
c) except in the case of fast track appeals, highlight or otherwise
identify in legible form the key passages in the authority to
be relied on,
(
d) where the authority has been reproduced from an electronic
source, contain paragraph or page numbers from an official
or printed source, or otherwise identify the various parts of
the authority,
(
e) have cardstock covers, front and back, prepared as required
by rule 14.87(2), in the same colour as the party's factum,
and
(
f) be bound in volumes of approximately 200 pages each,
provided that if the Book of Authorities does not exceed 30
pages, the authorities may be included as an appendix to the
factum or with the Extracts of Key Evidence.
Subdivision 4
Scheduling Oral Argument
Oral argument
14.32(1) Unless otherwise directed,
(
a) all appeals will be set down on the Civil Appeal Hearing List
for an oral hearing, and
(
b) the appeal and any cross appeal will be argued at the same
time.
(2) On agreement of all parties, but subject to any contrary direction,
the Court of Appeal may hear and decide an appeal without oral
argument.
(3) The Court of Appeal may proceed with the hearing of an appeal
when scheduled, even if
(
a) a party does not appear at the scheduled time, or
(
b) any party has failed to file its factum.
(4) Unless the panel otherwise permits, oral argument must not exceed
45 minutes for each separately represented party in the appeal, with
any consolidated appeals to be treated as one appeal.
(5) If present, the Chief Justice of Alberta presides at the sittings of
the Court, but otherwise the senior judge not being a supernumerary
judge presides.
Scheduling standard appeals
14.33(1) No later than 20 days after the deadline for the filing of the
last factum in a standard appeal,
(
a) the parties must contact the Registrar to
schedule the oral
hearing, and
(
b) the Registrar must, after consulting with the parties,
schedule
the appeal at a suitable time on the Civil Appeal Hearing
List.
(2) Any standard appeal that has not been scheduled for an oral
hearing and placed on the Civil Appeal Hearing List before
(
a) the earlier of
(i) 2 months after the deadline for the filing of the last
factum in the appeal, and
(ii) 9 months after the filing of the notice of appeal,
(
b) any deadline stipulated by a case management officer or a
single appeal judge
must be placed by the Registrar on the Unscheduled Civil Appeals List
and be spoken to by the parties at the next calling of the List.
(3) All the parties to each appeal on the Unscheduled Civil Appeals
List must appear at the time scheduled for the calling of the List, and
(
a) unless adjourned, appeals on the Unscheduled Civil Appeals
List will be scheduled for oral hearing and placed on the
Civil Appeal Hearing List, or
(
b) directions may be given for advancing the appeal.
(4) If the appellant in an appeal referred to in subrule (3) does not
appear at the time scheduled for the calling of the List, the appeal may
be struck.
Scheduling fast track appeals
14.34(1) The Registrar must
schedule fast track appeals in
accordance with these rules.
(2) The Registrar must place on the Civil Appeal Hearing List
(
a) any fast track appeal for which the Appeal Record and the
appellant's factum and Extracts of Key Evidence have been
filed 20 or more days before the opening of the sittings, and
(
b) any fast track appeal that a case management officer directs
to be scheduled for hearing.
(3) Despite subrule (2), the parties may, no less than 20 days before
the opening of the sittings, consent to an adjournment of the oral
hearing of a fast track appeal to no later than the next sitting of the
Court, provided that the appeal has not previously been adjourned
more than once.
Rescheduling appeals
14.35(1) Subject to Rule 14.34(3), a scheduled oral hearing may not
be adjourned or rescheduled unless the appeal has been discontinued or
settled or a case management officer permits the hearing to be
adjourned or rescheduled.
(2) A case management officer may at any time set down or
reschedule an appeal, or place any appeal on or remove any appeal
from the Civil Appeal Hearing List or the Unscheduled Civil Appeals
List.
Division 4
Applications
Subdivision 1
Deciding Applications
Case management officers
14.36(1) Unless an enactment or these rules otherwise provide, a case
management officer, at the direction of the Court, may assist the Court
with respect to the management of matters before the Court as
authorized by
section 14 of the Court of Appeal Act.
(2) A case management officer may consult with an appeal judge or
refer any issue to a single appeal judge or a panel of the Court of
Appeal.
(3) Any person affected by an administrative direction of a case
management officer may apply to a single appeal judge to have it
rescinded, confirmed, amended or enforced.
Single appeal judges
14.37(1) Unless an enactment or these rules otherwise require, a
single appeal judge may hear and decide any application incidental to
an appeal, including those that could have been decided by a case
management officer.
(2) For greater certainty, a single appeal judge may
(
a) grant permission to appeal, unless an enactment requires that
an application for permission to appeal must be heard by a
panel of the Court of Appeal,
(
b) declare an appeal to be struck, dismissed or abandoned for
failure to comply with a mandatory rule, prior order or
direction of the Court of Appeal,
(
c) when a notice of appeal or an application for permission to
appeal is not filed within the time limit, strike the appeal or
application or extend the time to appeal or to seek permission
to appeal,
(
d) dismiss an appeal if it has not been significantly advanced in
over 6 months and significant prejudice has resulted to a
party,
(
e) grant leave to intervene, and
(
f) refer any application to a panel of the Court of Appeal.
Court of Appeal panels
14.38(1) A panel of the Court of Appeal may decide any application,
including those that could have been decided by a single appeal judge.
(2) The following applications must be heard by a panel of the Court
of Appeal:
(
a) an application to allow or dismiss an appeal on the merits;
(
b) an application for new evidence, unless a panel of the Court
of Appeal directs that the application be heard by a single
appeal judge;
(
c) an application to reargue or reopen an appeal;
(
d) an application for directions required to give effect to any
decision of the Court of Appeal, unless a panel of the Court
of Appeal directs that the application be heard by a single
appeal judge;
(
e) an application to reconsider a prior precedential decision of
the Court.
Subdivision 2
How to Apply
Case management officers
14.39 A request for administrative directions from a case
management officer may be made informally, subject to any directions
of the case management officer.
Applications to single appeal judges
14.40(1) Subject to Subdivision 3, an application to a single appeal
judge must be made by filing 3 copies of
(
a) an application that meets the requirements of rule 14.53,
(
b) any accompanying affidavit, if required,
(
c) other material to be relied on, even if previously filed, and
(
d) a memorandum of argument,
prepared in compliance with Subdivision 5.
(2) Subject to rule 6.4 and rule 14.44, the applicant must file and serve
one additional copy of the application and other materials on every
other party to the appeal at least 10 days before the application is
scheduled to be heard.
Responses to applications to single appeal judges
14.41 The respondent to an application to a single appeal judge
must, at least 5 days before the scheduled hearing of the application,
(
a) file 3 copies of a reply memorandum of argument and any
accompanying affidavit (if required) and any other materials
to be relied on, prepared in compliance with Subdivision 5,
and file and serve additional copies on every other party, or
(
b) file 3 copies and serve a letter indicating that no additional
materials will be filed by the respondent.
Applications to court of appeal panels
14.42(1) Subject to Subdivision 3, an application to a panel of the
Court of Appeal must be made by filing 5 copies of
(
a) an application that meets the requirements of rule 14.53,
(
b) any accompanying affidavit, if required,
(
c) other material to be relied on, even if previously filed, and
(
d) a memorandum of argument,
prepared in compliance with Subdivision 5.
(2) For every other party to the appeal, the applicant must file and
serve one additional copy of the application and other materials at least
20 days before the application is scheduled to be heard.
Responses to applications to court of appeal panels
14.43 The respondent to an application to a panel of the Court of
Appeal must, at least 10 days before the scheduled hearing of the
application,
(
a) file 5 copies of a reply memorandum of argument and any
accompanying affidavit (if required), prepared in compliance
with Subdivision 5, and file and serve additional copies on
every other party to the appeal, or
(
b) file 5 copies and serve a letter indicating that no additional
materials will be filed by the respondent.
Subdivision 3
Rules for Specific Applications
Application for permission to appeal
14.44(1) An application for permission to appeal must comply with
rules 14.5(2) and 14.40 and
(
a) must be filed and served and must be returnable within the
period specified in any enactment or these rules, or
(
b) if there is no time for filing permission to appeal specified in
any enactment or these rules, must be filed and served and
returnable within the time for filing appeals set out in rule
14.8.
(2) An application for permission to appeal that has not been heard
within 6 months from the date of the filing of the application is deemed
to have been abandoned unless a case management officer otherwise
directs.
(3) Applications to preserve a time limitation may be brought on the
notice a single appeal judge directs.
Application to admit new evidence
14.45(1) An application to admit new evidence must be filed and
served prior to the filing of, and prior to the deadline for filing, the
applicant's factum.
(2) In addition to the documents required by rule 14.42(1), the
applicant must file
(a) 5 copies of the proposed new evidence, and
(b) 5 envelopes large enough to contain a copy of the new
evidence, marked "New Evidence" and with the appeal
number and style of cause.
Application to reconsider a previous decision
14.46 An application to reconsider a previous decision of the Court
of Appeal must be filed and served and must be returnable prior to the
filing of, and prior to the deadline for filing, the applicant's factum.
Application to restore an appeal
14.47 An application to restore an appeal that has been struck,
dismissed or deemed abandoned must be filed and served and must be
returnable
(
a) for a standard appeal, within 6 months, and
(
b) for a fast track appeal, within 3 months,
after having been struck, dismissed or deemed abandoned.
Stay pending appeal
14.48 An application to stay proceedings or enforcement of a
decision pending appeal may be made
(
a) to the judge who made that decision, or
(
b) to a single appeal judge, whether or not the application was
made to the judge who made the decision, and whether or not
that application was granted or dismissed.
Subdivision 4
Deciding Applications
Failure to respond
14.49 A respondent who fails to respond to an application or who
elects not to file a memorandum in response to an application may not
present oral argument at the hearing of the application unless the single
appeal judge or the panel of the Court of Appeal otherwise permits.
Time limits for oral argument
14.50 Unless otherwise permitted,
(
a) subject to clause (b), oral argument on an application,
including a reply, before a single appeal judge or a panel of
the Court of Appeal may not exceed 15 minutes for each
party to the application,
(
b) oral argument on an application for permission to appeal,
including a reply, may not exceed 30 minutes for each party
to the application, and
(
c) consolidated applications are to be treated as one application
for the purpose of this rule.
Applications without oral argument
14.51 On agreement of all parties, but subject to any contrary
direction, a single appeal judge or a panel of the Court of Appeal may
hear and decide applications without oral argument.
Applications not heard within 3 months
14.52 Subject to rule 14.44(2), if an application is not heard within 3
months after the date the application is filed, the application is deemed
to be abandoned unless a case management officer otherwise directs.
Subdivision 5
Format of Applications and Responses
Format of applications
14.53 An application to a single appeal judge or a panel of the Court
of Appeal must be in Form AP-3 and must
(
a) state briefly the grounds for filing the application,
(
b) identify the material or evidence intended to be relied on,
(
c) refer precisely to any applicable provision of an enactment or
rule, and
(
d) state the remedy sought.
Format of memoranda
14.54 Memoranda filed on an application
(
a) must not be longer than 10 double-spaced pages on an
application for permission to appeal and 5 double-spaced
pages for any other application,
(
b) may in addition attach a chronology, where that is relevant to
the application, and
(
c) in an application for permission to appeal, must include a
copy of the reasons for the decision proposed to be appealed.
Division 5
Managing the Appeal Process
Subdivision 1
Responsibilities of the Parties
and Court Assistance
Responsibility of parties to manage an appeal
14.55(1) The parties to an appeal are responsible for managing the
appeal and for planning its resolution in a timely and cost-effective
way.
(2) The parties may seek advice and direction for managing the appeal
from a case management officer as provided for in rule 14.36.
Orders to facilitate appeal
14.56 If an appeal is not being managed in an appropriate way, a
single appeal judge may make a procedural order, an order under
Part
4, Division 2, an order expediting the appeal, or any other appropriate
order, or a case management officer may make any appropriate
direction.
Subdivision 2
Parties to an Appeal
Adding, removing or substituting parties to an appeal
14.57 A party or person may be added, removed or substituted as a
party to an appeal in accordance with rule 3.74.
Intervenor status on appeal
14.58(1) In addition to persons having a right to intervene in law, a
single appeal judge may grant status to a person to intervene in an
privileges specified by the judge.
(2) A person granted intervenor status in the court appealed from must
apply again to obtain intervenor status on an appeal.
(3) Unless otherwise ordered, an intervenor may not raise or argue
issues not raised by the other parties to the appeal.
Subdivision 3
Settlement Using Court Process
Formal offers to settle
14.59(1) No later than 10 days before an appeal is scheduled to be
heard, a party may serve on the party to whom the offer is made a
formal offer to settle the appeal or any part of the appeal in accordance
with
Part 4, Division 5.
(2) A valid formal offer to settle an appeal may be accepted in
accordance with rule 4.25.
(3) Unless a valid formal offer to settle an appeal is withdrawn under
rule 4.24(4), the valid formal offer to settle an appeal remains open for
acceptance until the earlier of
(
a) the expiry of 2 months after the date of the offer or any
longer period specified in the offer, and
(
b) the start of the oral hearing of the appeal.
(4) Where a formal offer to settle an appeal is made, costs of the
appeal must be awarded in accordance with rule 4.29.
Subdivision 4
Judicial Dispute Resolution on Appeal
Judicial dispute resolution of an appeal
14.60 An arrangement for a judicial dispute resolution process on
appeal may be made in accordance with
Part 4, Division 3, Subdivision
Suspension of time periods
14.61(1) Once a date has been scheduled for judicial dispute
resolution, time limits in respect of the appeal are suspended until an
order or direction is made under subrule (2).
(2) If judicial dispute resolution is not successful,
(
a) the appeal judge conducting the judicial dispute resolution
will set time limits for filing and serving any remaining
materials on the appeal, or
(
b) if no order is made under clause (
a) a case management
officer may provide a direction setting the time limits for
filing and serving any remaining materials on the appeal.
Subdivision 5
Delay in Advancing Appeals
Dismissal for delay
14.62 A panel of the Court of Appeal may dismiss an appeal if it is
satisfied that delay in advancing the appeal has resulted in significant
prejudice to a party.
Powers of a single appeal judge
14.63 If delay occurs in the advancement of an appeal, a single
appeal judge may
(
a) make a procedural order or otherwise give directions to
expedite the appeal, or
(
b) dismiss the appeal, if it has not been significantly advanced
for over 6 months and significant prejudice has resulted to a
party.
Failure to meet deadlines
14.64 An appeal must be struck by the Registrar if
(
a) the appellant has failed to file the Appeal Record within the
time period set out in these rules,
(
b) the appellant has failed to file its factum
(
i) before the expiry of the deadline for filing the factum in
a standard appeal set out in rule 14.23(1), or
(ii) by the deadline for filing the factum in a fast track
appeal set out in rule 14.24(1)(a),
(
c) a standard appeal has not been placed on the Civil Appeal
Hearing List before the earlier of
(i) 6 months after the deadline for the filing of the last
factum in the appeal, and
(ii) 12 months after the filing of the notice of appeal,
(
d) a fast track appeal has not been placed on the Civil Appeal
Hearing List within 6 months of the filing of the notice of
appeal.
Restoring appeals
14.65(1) An appeal or application for permission to appeal that has
been struck by operation of these rules or the provisions of any order,
or by failure of any party to appear when required, may be restored
(
a) with the filed written consent of the parties or by order of a
single appeal judge on application under rule 14.47, and
(
b) on the payment of the fee for an application to restore an
appeal in
Schedule B.
(2) An order or written consent restoring an appeal must set deadlines
and directions for the filing of any outstanding materials, and if the
appellant fails to comply with any of those deadlines or directions, the
appeal is deemed to have been struck again.
(3) An appeal or application is deemed to have been abandoned if no
application to restore an appeal or application for permission to appeal
has been filed, served and made
(
a) for a standard appeal, within 6 months after having been
struck, dismissed or deemed abandoned, and
(
b) for a fast track appeal, within 3 months after having been
struck, dismissed or deemed abandoned.
Subdivision 6
Discontinuing an Appeal
Discontinuance
14.66(1) The appellant may discontinue the appeal by filing and
serving a notice to discontinue in Form AP-4, and the respondent is
entitled to a costs award for having responded to the appeal.
(2) The discontinuance of an appeal does not operate as a
discontinuance of a cross appeal.
Subdivision 7
Security for Costs
Security for costs
14.67(1) A single appeal judge may order a party to provide security
for payment of a costs award pursuant to
Part 4, Division 4.
(2) Where a party does not provide security as ordered, the appeal is
deemed to have been abandoned and the other party is entitled to a
costs award.
Division 6
Deciding Appeals and Applications
Subdivision 1
Effect of Filing an Appeal
No stay of enforcement
14.68 Unless otherwise ordered under rule 14.48 or provided by law,
the filing of an appeal or an application for permission to appeal does
not operate as a stay of proceedings or enforcement of the decision
under appeal.
Intermediate acts valid
14.69 Unless otherwise ordered by the court appealed from, an
appeal does not invalidate any intermediate act or proceeding taken.
Subdivision 2
Basis on Which Appeals Are Decided
No new evidence without order
14.70 Unless an order is granted under rule 14.45 permitting the
reliance on new evidence, appeals will be decided on the record before
the court appealed from.
Interlocutory decisions
14.71 An interlocutory order of the court appealed from does not
restrict the ability of the Court of Appeal to decide an appeal, despite
there having been no appeal from the interlocutory order.
Binding precedents
14.72 Unless permission has been granted under rule 14.46 by a
panel of the Court of Appeal, no party may argue that a prior
precedential decision of the Court should be reconsidered.
Subdivision 3
Powers of the Court
Procedural powers
14.73 In addition to the powers provided for in other Parts of these
rules, a single appeal judge or a panel of the Court of Appeal may
(
a) adjourn any appeal or matter, with or without conditions,
(
b) cure any contravention, non-compliance or irregularity in
procedure, or permit or direct any amendment or any
deviation from the requirements of these rules with respect to
the form or filing of any document,
(
c) render judgment at any time,
(
d) render or sign judgment on behalf of another judge or a panel
when authorized to do so,
(
e) inspect any property in accordance with an order made under
rule 6.26, and
(
f) hear any appeal or application electronically under rule 6.10.
Application to dismiss an appeal
14.74 On application, a panel of the Court of Appeal may dismiss all
or part of an appeal and may make any order that the circumstances
require, including a costs award, if
(
a) the Court of Appeal has no jurisdiction,
(
b) the appeal is moot,
(
c) the appeal is frivolous, vexatious, without merit or improper,
(
d) the appeal or any step in the appeal is an abuse of process.
Disposing of appeals
14.75(1) Unless an enactment otherwise provides, when deciding an
appeal, the Court of Appeal may
(
a) receive further evidence,
(
b) draw inferences of fact,
(
c) give any judgment or order that ought to have been made by
the court appealed from,
(
d) direct the resumption or continuation of any proceeding
before the court appealed from,
(
e) vary or reverse a finding on any question, without interfering
with the finding or decision on any other question,
(
f) direct a new trial on the whole or any part of the decision
under appeal, or with respect to some or all of the parties, and
(
g) give any other decision or direction required to resolve the
appeal.
(2) The Court of Appeal may dismiss an appeal despite an error of law
or fact, a misdirection or an erroneous ruling on the evidence where
(
a) no substantial wrong or miscarriage of justice has resulted,
(
b) the decision would have been the same despite the error, or
(
c) despite any irregularity, no significant prejudice has been
experienced by any party.
Judgment by consent
14.76 Subject to rule 3.35, a respondent may consent to the reversal
or variation of the decision under appeal.
Subdivision 4
Judgments and Orders
Preparation and signature of judgments and orders
14.77(1) Unless otherwise directed,
Part 9, Division 1 applies to the
preparation and entry of judgments and orders of the Court of Appeal.
(2) The Court of Appeal may authorize a single appeal judge to settle
the form of any order or judgment.
(3) A judgment or order may be signed by the judge or the panel who
granted it or by the Registrar.
Entry of judgments and orders
14.78(1) The Registrar must enter all judgments and orders on the
court file, showing the date of entry, and subject to rule 9.6 the
judgment is effective as if it were a judgment or order of the court
appealed from.
(2) Any interested person may file a copy of the Court's judgment in
the court appealed from.
Supreme Court of Canada judgments
14.79 The Registrar must
(
a) enter any judgment granted by the Supreme Court of Canada
on the file of the Court of Appeal, showing the date of entry,
and
(
b) send a copy of the Supreme Court judgment to the clerk of
the court appealed from for filing in that court, and the
judgment may be acted on as if it were a judgment of that
court.
Interest on judgments
14.80 If a decision awarding a sum of money is reversed or varied,
interest is payable on the amount of the appeal judgment from the date
that the decision under appeal was pronounced.
Division 7
General Rules for Appeals
Subdivision 1
Service of Appeal Documents
and Representation
Service of appeal documents
14.81(1) A notice of appeal and an application for permission to
appeal may be served
(
a) at the address for service provided in the court appealed from
as referred to in rule 11.15 or rule 11.17, or
(
b) otherwise as set out in
Part 11, Division 2 or
Part 11,
Division 5.
(2) All other materials required or authorized to be served under this
Part may be served in accordance with
Part 11, Division 3.
Lawyer of record and litigation representative
14.82 Unless otherwise ordered,
(
a) the lawyer of record in the court appealed from continues as
the lawyer of record on the appeal until ceasing to be so in
accordance with
Part 2, Division 4, and
(
b) subject to rule 2.21, a litigation representative under
Part 2
continues in that capacity in the appeal.
Subdivision 2
Restricted Access Orders
Orders restricting access to appeal proceedings
14.83(1) A restricted access order made by the court appealed from
continues in force and applies to the appeal or an application for
permission to appeal until otherwise ordered by a single appeal judge.
(2) A single appeal judge may make a restricted court access order
under
Part 6, Division 4 with respect to an appeal or an application for
permission to appeal.
Subdivision 3
Rules for All Filed Materials
Place of filing
14.84 Unless otherwise directed, an appeal must be carried on, and
all material must be filed, at the office of the Registrar of the Court of
Appeal where the appeal was started under rule 14.8.
Method of filing
14.85 The Registrar must assign an appeal number to each appeal
and endorse that number and the date of filing on any document filed
in the appeal.
Non-compliant appeal materials
14.86 Appeal materials may, by order of a single appeal judge or by
direction of a case management officer, be dispensed with, varied as to
form or amended in accordance with rule 13.17.
Requirements for all documents
14.87(1) All materials prepared for an appeal must
(
a) be succinct, legible and divided into a single series of
consecutively numbered paragraphs,
(
b) include the names of the parties in a style of cause in Form
AP-6,
(
i) as set out in the notice of appeal, unless amended,
(ii) listed in the same order in which they were listed in the
style of cause in the court appealed from, and
(iii) including the status of the party in the appeal and in the
court appealed from,
(
c) identify the nature of the material, the name of the party
filing it, and that party's status on the appeal,
(
d) provide an address for service,
(
e) provide the name, address and contact information of the
person who prepared the material,
(
f) be divided into volumes of approximately 200 pages each,
and
(
g) be 8.5? x 11? in size.
(2) The Appeal Record, factums, Extracts of Key Evidence and Books
of Authorities must have a cover page in Form AP 5 that include the
name of the Court of Appeal, the location of the office of the Registrar
of the Court of Appeal and the appeal number assigned by the
Registrar.
Subdivision 4
Costs of Appeals
Cost awards
14.88(1) Unless otherwise ordered, the successful party in an appeal
or an application is entitled to a costs award against the unsuccessful
party.
(2) The provisions of
Part 10, Division 2 and
Schedule C apply to
appeals.
(3) Unless otherwise ordered, the scale of costs in an appeal shall be
the same as the scale that applies to the order or judgment appealed
from.
Subdivision 5
Fees on Appeal
Fees and allowances
14.89(1) In every appeal there must be paid to the Registrar or other
appropriate person, at the time of filing, the fees specified in
Schedule
B, unless the Registrar waives the fee, in whole or in part, in
accordance with guidelines, if any, established or adopted by the
Minister of Justice and Solicitor General for persons unable to pay
fees.
(2) Part 13, Division 5 applies to appeals.
Subdivision 6
Sanctions
Sanctions
14.90(1) In addition to the sanctions set out in
Part 10, Division 4,
(
a) unless otherwise ordered, a party is not entitled to assess
costs or recover disbursements in respect of a procedural step
in which the party has
(
i) failed to comply with a deadline set out in this Part,
(ii) filed a document that fails to comply in a substantial
respect with the requirements of these rules, or
(iii) filed a document that is carelessly or inadequately
prepared or that contains illegible material or text;
(
b) in the case of any non-compliance with a rule or a direction
or order, a single appeal judge or a panel of the Court of
Appeal may strike from the record any document, including a
notice of appeal or cross appeal, or provide directions for the
management of the appeal.
(2) Where an appeal has been struck by operation of these rules or the
provisions of any order or because of the failure of any party to appear
when required, or has been deemed to have been struck or abandoned,
the respondent is entitled to a costs award for having responded to the
appeal.
(3) A single appeal judge may order the interim release of the
appellant pending the appeal of any order for the imprisonment or
other restraint of the liberty of the appellant arising from a civil
sanction imposed by the court appealed from.
Subdivision 7
The Registrar
Duties of a Registrar
14.91(1) A Registrar must perform the duties required by these rules
and the Court of Appeal, including, subject to any direction of the
Court,
(
a) establishing and maintaining a court file for each appeal,
(
b) establishing and maintaining lists of appeals, including the
Civil Appeal Hearing List and the Unscheduled Civil
Appeals List,
(
c) receiving and filing all appeal materials, having control and
custody of them, and distributing them to the judges as
required,
(
d) attending in court as required and keeping a record of all
proceedings before the Court and its judges, including
(
i) keeping records of particulars of the appeals heard and
the judges in attendance,
(ii) identifying the appearing parties and their counsel,
(iii) keeping records of particulars of the appeal heard and
the result of the appeal, and
(iv) noting the time occupied in hearing,
(
e) keeping proper accounts of money and property received or
dispersed,
(
f) settling and signing judgments and orders in accordance with
these rules, and
(
g) at the conclusion of an appeal, returning to the court appealed
from any records of that court.
(2) In the absence of a Registrar, a Deputy Registrar or another person
appointed by the Court may act in place of the Registrar.
Authority of the Registrar
14.92 The Registrar may, with or without consulting with a case
management officer or a judge,
(
a) where any document presented for filing is irregular, not
readily legible or otherwise carelessly or inadequately
prepared,
(
i) accept the document for filing, with or without advising
the party presenting the document of the deficiency,
(ii) accept the document for filing and note the deficiency
on the face of the document,
(iii) accept the document for filing on terms, directions or
undertakings to be agreed to by the filing party, or
(iv) in the case of a significant deficiency that prevents the
Registrar from filing the document, or that is likely to
prejudice a party or interfere with the disposition of the
appeal, reject the document;
(
b) refuse to accept a document for filing, or to perform any
other official act, where the instructions to the Registrar are
not clear;
(
c) endorse a document as having been filed on the date when
the document was first tendered for filing;
(
d) subject to any conditions that the Registrar may specify,
require personal attendance in an office of the Registrar of
the Court of Appeal by a party filing any appeal materials, or
accept documents for filing by mail or electronically;
(
e) bring to the attention of the Court for
summary determination
any appeal that the Registrar determines is frivolous or
vexatious or significantly irregular, or that can otherwise be
determined on a
summary basis.
5 Rule 15.14(3) is repealed.
6 The following is added after rule 15.15:
Transitional provisions -
Part 14
15.16(1) Except as otherwise provided in an enactment, by
Part 14
or by an order under rule 15.6,
Part 14 applies to every appeal
existing on September 1, 2014.
(2) Despite rule 14.8 but subject to any enactment, a notice of
appeal or an application for permission to appeal may be filed and
served before the later of
(
a) the deadline for filing under the Alberta Rules of Court
(AR 390/68), and
(
b) the deadline for filing under
Part 14,
except that no appeal may be filed under clause (
a) after the expiry
of 4 months following September 1, 2014.
Schedule A is amended by adding Division 3, as set out
in
Schedule 1 to this Regulation, after Division 2.
Schedule B is amended
(
a) by renumbering items 31 to 36 as 32 to 37
respectively;
(
b) by adding the following after item 30:
31 The fee for filing an application to restore an appeal or a
written consent to restore an appeal is, unless otherwise
ordered:
(
a) for the first restoration of the appeal
(
b) for the 2nd restoration of the appeal
(
c) for any subsequent restoration of the appeal
$200
$500
$1000
Schedule C is amended by adding the items set out in
Schedule 2 to this Regulation, after Division 2, item 17.
10 The Appendix is amended
(
a) by repealing the definition "file" and substituting
the following:
"file" means to present the correct document and obtain an
acknowledgment
(
a) by the court clerk that a commencement document,
pleading, affidavit or other document is part of the court
file, or
(
b) in the case of an appeal or an application under
Part 14,
by the Registrar of the Court of Appeal that the
document is part of the Court of Appeal Record;
(
b) by repealing the definition "party" and substituting
the following:
"party" means a party to an action; in
Part 10, Division 2 the
word "party" has an extended meaning that includes a person
filing or participating in an application or proceeding who is
or may be entitled to or subject to a costs award; in
Part 12,
in respect of a proceeding under the Family Law Act, "party"
includes a public official, including the Director acting under
Part 5 of the Income and Employment Supports Act, who,
pursuant to any enactment, has the right to commence,
defend, intervene in or take any step in respect of the
application and exercises that right; in
Part 14, "party" means
a party to an appeal or an application under
Part 14, and
includes an intervenor where the context requires;
11 This Regulation comes into force on September 1, 2014.
Schedule 1
(section 7)
Division 3
Forms for
Part 14
Rule #
Form #
Civil Notice of Appeal
14.8 and 14.12
AP-1
Civil Notice of Cross Appeal
14.11
AP-2
Application
14.53
AP-3
Discontinuance of Appeal
14.66
AP-4
Cover Page
14.87
AP-5
Style of Cause
14.87
AP-6
COURT OF APPEAL OF ALBERTA
Form AP-1
[Rules 14.8 and 14.12]
Registrar's stamp:
COURT OF APPEAL FILE NUMBER:
TRIAL COURT FILE NUMBER:
REGISTRY OFFICE
PLAINTIFF/APPLICANT:
STATUS ON APPEAL:
DEFENDANT/RESPONDENT:
STATUS ON APPEAL:
DOCUMENT CIVIL NOTICE OF APPEAL
APPELLANT'S ADDRESS FOR SERVICE AND
CONTACT INFORMATION:
WARNING
To The Respondent: If you do not respond to this appeal as
provided for in the Alberta Rules of Court, the appeal will be decided
in your absence and without your input.
1 Particulars of Judgment, Order or Decision Appealed from:
Date pronounced:
Date entered:
Date served:
Official neutral citation of reasons for decision if any:
(do not attach copy)
(Attach a copy of order or judgment: Rule 14.12(3). If a copy is not
attached, indicate under item 14 and file a copy as soon as possible:
Rule 14.18(2).)
2 Indicate where the matter originated:
? Court of Queen's Bench
Judicial Centre:
Justice:
On appeal from a Queen's Bench Master or Provincial Court
Judge? ? Yes ? No
Official neutral citation of reasons for decision, if any, of the
Master or Provincial Court Judge:
(do not attach copy)
(If originating from an order of a Queen's Bench Master or
Provincial Court Judge, a copy of that order is also required:
Rule 14.18(1)(c).)
? Board, Tribunal or Professional Discipline Body
Specify Body:
3 Details of Permission to Appeal, if required (Rules 14.5 and 14.12(3)(a)).
? Permission not required, or ? Granted:
Date:
Justice:
(Attach a copy of order, but not reasons for decision.)
4 Portion being appealed (Rule 14.12(2)(c)):
? Whole, or
? Only specific parts (if specific part, indicate which part):
(Where parts only of a family law order are appealed, describe the
issues being appealed, e.g. property, child support, parenting, etc.)
5 Provide a brief description of the issues:
6 Provide a brief description of the relief claimed:
7 Is this appeal required to be dealt with as a fast track appeal? (Rule
14.14)
? Yes ? No
8 Does this appeal involve the custody, access, parenting or support of a
child? (Rule 14.14(2)(b))
? Yes ? No
9 Will an application be made to expedite this appeal?
? Yes ? No
10 Is Judicial Dispute Resolution with a view to settlement or
crystallization of issues appropriate? (Rule 14.60)
? Yes ? No
11 Could this matter be decided without oral argument? (Rule 14.32(2))
? Yes ? No
12 Are there any restricted access orders or statutory provisions that
affect the privacy status of this file? (Rules 6.29, 14.12(2)(e), 14.83)
? Yes ? No
If yes, provide details:
(Attach a copy of any order.)
13 List respondent(
s) or counsel for the respondent(s), with contact
information.
If specified constitutional issues are raised, service on the Attorney
General is required under s24 of the Judicature Act: Rule 14.18(1)(c)(viii).
14 Attachments (as applicable)
Order or judgment under appeal if available (not reasons for
decision) (Rule 14.12(3))
Earlier order of Master, etc. (Rule 14.18(1)(c))
Order granting permission to appeal (Rule 14.12(3)(a))
Copy of any restricted access order (Rule 14.12(2)(e))
If any document is not available, it should be appended to the factum, or
included elsewhere in the appeal record.
COURT OF APPEAL OF ALBERTA
Form AP-2
[Rule 14.11]
Registrar's stamp:
COURT OF APPEAL FILE NUMBER:
TRIAL COURT FILE NUMBER:
REGISTRY OFFICE
PLAINTIFF/APPLICANT:
STATUS ON APPEAL:
DEFENDANT/RESPONDENT:
STATUS ON APPEAL:
DOCUMENT CIVIL NOTICE OF CROSS APPEAL
ADDRESS FOR SERVICE AND CONTACT
INFORMATION OF RESPONDENT/CROSS APPELLANT FILING
THIS DOCUMENT:
and CONTACT INFORMATION OF ALL OTHER PARTIES:
TAKE NOTICE THAT ON THE APPEAL the Respondent/Cross
Appellant intends to argue that the decision under appeal be varied.
1. Particulars of portions of decision to be varied:
2. Relief Requested:
COURT OF APPEAL OF ALBERTA
Form AP-3
[Rule 14.53]
Registrar's stamp:
COURT OF APPEAL FILE NUMBER:
TRIAL COURT FILE NUMBER:
REGISTRY OFFICE
PLAINTIFF/APPLICANT:
STATUS ON APPEAL:
DEFENDANT/RESPONDENT:
STATUS ON APPEAL:
DOCUMENT APPLICATION OF
(name of party and status on appeal)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT:
and CONTACT INFORMATION OF ALL OTHER PARTIES:
NOTICE TO RESPONDENT(S)
(Indicate name(
s) of respondent(
s) to this application, and their status on
appeal.)
WARNING
If you do not come to Court on the date and time shown below either in
person or by your lawyer, the Court may give the applicant what it wants
in your absence. You will be bound by any order that the Court makes. If
you intend to rely on other evidence or a memorandum in support of your
position when the application is heard or considered, you must file and
serve those documents in compliance with the Rules. (Rules 14.41 and
14.43)
NOTICE TO RESPONDENT(
S) You have the right to state your side of this matter before the Court.
To do so, you must be in court when the application is heard as
shown below.
Date _________________
Time _________________
Where _________________
Before ? single judge of the court (Rule 14.37)
? panel of the court (Rule 14.38)
Nature of application and relief sought:
Grounds for making this application:
Material or evidence to be relied on:
Applicable Acts, regulations and rules:
COURT OF APPEAL OF ALBERTA
Form AP-4
[Rule 14.66]
Registrar's stamp:
COURT OF APPEAL FILE NUMBER:
TRIAL COURT FILE NUMBER:
REGISTRY OFFICE
PLAINTIFF/APPLICANT:
STATUS ON APPEAL:
DEFENDANT/RESPONDENT:
STATUS ON APPEAL:
DOCUMENT DISCONTINUANCE OF APPEAL
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT:
and CONTACT INFORMATION OF ALL OTHER PARTIES:
The Appellant(
s) discontinues this appeal [specify whole, or parts
discontinued] against the Respondent(s) [or name applicable
Respondent(s)].
Dated this ____ day of ________, 20___.
NOTE
If you discontinue the appeal, the other party is entitled to costs
(Rule 14.66) unless the other party has consented to a discontinuance
without costs.
COURT OF APPEAL OF ALBERTA
Form AP-5
[Rule 14.87]
Registrar's stamp:
COURT OF APPEAL FILE NUMBER:
TRIAL COURT FILE NUMBER:
REGISTRY OFFICE
PLAINTIFF/APPLICANT:
STATUS ON APPEAL:
DEFENDANT/RESPONDENT:
STATUS ON APPEAL:
DOCUMENT COVER PAGE
Appeal from the Decision of
The Honourable Mr./Madam Justice
Dated the ______ day of __________, 20____
Filed the ______ day of __________, 20____
Title of Book (including name and status on appeal of filing party),
volume number, and page numbers and/or tabs included in volume
Party's name, counsel's name, Contact information of all
address, telephone and fax numbers other parties to the appeal
of party filing this document.
Name, address and telephone and fax numbers
of the individual or organization that prepared the appeal record
The appeal record has been prepared in ? electronic format
? document format
COURT OF APPEAL OF ALBERTA
Form AP-6
[Rule 14.87]
Registrar's stamp:
COURT OF APPEAL FILE NUMBER:
TRIAL COURT FILE NUMBER:
REGISTRY OFFICE
PLAINTIFF/APPLICANT:
STATUS ON APPEAL:
DEFENDANT/RESPONDENT:
STATUS ON APPEAL:
DOCUMENT
(type of document)
(name of party and status on appeal)
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY FILING THIS DOCUMENT:
and CONTACT INFORMATION OF ALL OTHER PARTIES:
Schedule 2
(section 9)
Appeals
18 All steps
taken to file
Notice of
Appeal and
speak to the list
19 Preparation
for appeal
Preparation of
factum
All other
preparation
20 Appearance
to argue before
Appeal Court for
first 1/2 day or
part of it.
First counsel
Second counsel
(when allowed
by the Court)
21 Appearance
to argue before
Appeal Court for
each full 1/2 day
occupied after
the first 1/2 day.
First counsel
Second counsel
(when allowed
by the Court)
22 Appearance
on contested
application
before Appeal
Court, including
brief.
Alberta Regulation 42/2014
Residential Tenancies Act
SUBSIDIZED PUBLIC HOUSING (EXTENSION OF EXPIRY DATE)
AMENDMENT REGULATION
Filed: March 12, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 71/2014)
on March 12, 2014 pursuant to
section 69 of the Residential Tenancies Act.
1 The Subsidized Public Housing Regulation (AR 191/2004)
is amended by this Regulation.
Section 7 is amended by striking out "July 31, 2014" and
substituting "March 31, 2017".
--------------------------------
Alberta Regulation 43/2014
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: March 12, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 79/2014)
on March 12, 2014 pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility
Regulation (AR 80/2012) is amended by this Regulation.
Section 9(3) is repealed and the following is substituted:
(3) The powers, duties and functions of the Minister in the Alberta
Aids to Daily Living and Extended Health Benefits Regulation
(AR 236/85) are transferred to the responsibility of the Minister of
Health.
Section 10 is amended
(
a) in subsection (1)
(
i) by repealing clause (
c) and substituting the
following:
(
c) Assured Income for the Severely Handicapped Act,
except sections 1(f), 10 and 12(2);
(ii) by repealing clause (
h) and substituting the
following:
(
h) Child, Youth and Family Enhancement Act, except
sections 128(1)(
a) and (3) and 131(2)(b);
(iii) by repealing clause (l);
(iv) by repealing clause (
m) and substituting the
following;
(
m) Income and Employment Supports Act, except
sections 3, 42(2) and 47;
(
b) by adding the following after subsection (3):
(3.1) The responsibility for sections 1(f), 10 and 12(2) of the
Assured Income for the Severely Handicapped Act is transferred
to the common responsibility of the Minister of Human Services
and the Minister of Health.
(3.2) The responsibility for sections 128(1)(
a) and (3) and
131(2)(
b) of the Child, Youth and Family Enhancement Act is
transferred to the common responsibility of the Minister of
Human Services and the Minister of Health.
(3.3) The responsibility for the Family Support for Children
with Disabilities Act is transferred to the common responsibility
of the Minister of Human Services and the Minister of Health.
(3.4) The responsibility for sections 3, 42(2) and 47 of the
Income and Employment Supports Act is transferred to the
common responsibility of the Minister of Human Services and
the Minister of Health.
(
c) by adding the following after subsection (5):
(5.1) The powers, duties and functions of the Minister in
section
3 of the Applications and Appeals (Ministerial) Regulation
(AR 89/2007) are transferred to the common responsibility of the
Minister of Human Services and the Minister of Health.
(5.2) The powers, duties and functions of the Minister in
section
4(3) and 7 of the Assured Income for the Severely Handicapped
General Regulation (AR 91/2007) are transferred to the common
responsibility of the Minister of Human Services and the
Minister of Health.
(5.3) The powers, duties and functions of the Minister in
Part 3
and in
section 93(1)(
a) of the Income Support, Training and
Health Benefits Regulation (AR 122/2011) are transferred to the
common responsibility of the Minister of Human Services and
the Minister of Health.
4 This Regulation comes into force on April 1, 2014.
--------------------------------
Alberta Regulation 44/2014
Public Health Act
COMMUNICABLE DISEASES AMENDMENT REGULATION
Filed: March 12, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 76/2014)
on March 12, 2014 pursuant to
section 66 of the Public Health Act.
1 The Communicable Diseases Regulation (AR 238/85) is
amended by this Regulation.
Section 1 is amended
(
a) by repealing clause (m.1) and substituting the
following:
(m.1) "institution" means
(
i) a correctional institution as defined in the
Corrections Act,
(ii) a facility as defined in the Mental Health Act,
(iii) a nursing home within the meaning of the Nursing
Homes Act, and
(iv) a hostel or other establishment operated to provide
accommodation and maintenance for unemployed
or indigent persons;
(
b) by repealing clause (u)(iii) and substituting the
following:
(iii) the premises where a child care program that is licensed
under the Child Care Licensing Act is offered or
provided;
Section 15 is amended by striking out "March 31, 2014"
and substituting "September 30, 2016".
Section 2(
a) comes into force on the coming into force of
section 25(3) of the Statutes Repeal Act.
--------------------------------
Alberta Regulation 45/2014
Regulations Act
MISCELLANEOUS CORRECTIONS AND REPEAL REGULATION
Filed: March 12, 2014
For information only: Made by the Lieutenant Governor in Council (O.C. 69/2014)
on March 12, 2014 pursuant to
section 10 of the Regulations Act.
1 The Alberta Energy Regulator Rules of Practice
(AR 99/2013) are amended by renumbering
section 7.81(1)
section 7.81.
2 The Designation and Transfer of Responsibility
Regulation (AR 80/2012) is amended
(
a) by repealing
section 3(f), (
k) and (ii);
(
b) by repealing
section 6(1)(g);
(
c) in
section 8(1)(
w) by striking out "86.2(a)" and
substituting "86(2)(a)";
(
d) by repealing
section 9(1)(
n) and (aa);
(
e) in
section 10(1)
(
i) by repealing clause (f);
(ii) in clause (
j) by striking out "Drug endangered
Children Act" and substituting "Drug-endangered
Children Act";
(iii) by repealing clause (
p) and substituting the
following:
(
p) Persons with Developmental Disabilities Services
Act;
(
f) by repealing
section 13(1)(eee) and (dddd);
(
g) by repealing
section 15(f);
(
h) in
section 18
(
i) in subsection (1)
(
A) in clause (
b) by striking out ", except
section
26.41";
(
B) by repealing clauses (d), (q), (
t) and (cc);
(ii) by repealing subsection (3).
3 The Designation of Trades and Businesses Regulation
(AR 178/99) is amended in
section 3(3)(
x) by striking out
"section 6.2" and substituting "section 6.3".
4 The Electronic Transactions Act Designation Regulation
(AR 35/2003) is amended in the
Schedule by striking out
"Wheat Board Money Trust Board of Trustees".
5 The Lobbyists Act General Regulation (AR 247/2009) is
amended in
Schedule 1 by striking out "Wheat Board Money
Trust Board of Trustees".
6 The Metallic and Industrial Minerals Tenure Regulation
(AR 145/2005) is amended in
section 3(2)(
b) and (
c) by
striking out "Board" and substituting "Regulator".
7 The Metis Settlements Land Registry Regulation
(AR 361/91) is amended in
section 109(2) by striking out
"uncertainity" and substituting "uncertainty".
8 The Mines and Minerals Administration Regulation
(AR 262/97) is amended in
section 1(l)(i)(
B) and (ii) by
striking out "Board" and substituting "Regulator".
9 The Oil and Gas Conservation Rules (AR 151/71) are
amended
(
a) in
section 6.101(3) by striking out "meansures" and
substituting "measures";
(
b) in sections 6.191, 6.192, 10.011 and 12.061 and item
1 of
Schedule 6 by striking out "Board" and
substituting "Regulator";
(
c) in
section 8.051(
a) by adding "and Sustainable Resource
Development" after "Environment".
10 The Oil Sands Allowed Costs (Ministerial) Regulation
(231/2008) is amended
(
a) in items 1, 22 and 52 of
Schedule 1 by striking out
"Board" wherever it occurs and substituting
"Regulator";
(
b) in item 52 of
Schedule 1 by striking out "Board's"
and substituting "Regulator's".
11 The Petroleum and Natural Gas Tenure Regulation
(AR 263/97) is amended in
section 1(u)(ii) by striking out
"Rulens" and substituting "Rules".
12 The Power Engineers Regulation (AR 85/2003) is
amended in Tables 1 to 5 of the
Schedule
(
a) by striking out "Kw" wherever it occurs and
substituting "kW";
(
b) by striking out "kw" wherever it occurs and
substituting "kW".
13 The Sugar Beet Marketing Plan Regulation (AR 275/97)
is amended in
section 8(b)(
i) by striking out "a Executive" and
substituting "an Executive".
14 In the following provisions of the following regulations,
"section 603(2)" is struck out and "section 603.1(3)" is
substituted:
(
a) Alberta Central East Water Corporation Regulation
(AR 137/2013),
section 6;
(
b) Aquatera Utilities Inc. Regulation (AR 205/2013),
section 6;
(
c) Aqueduct Utilities Corporation Regulation (AR 92/2012),
section 6;
(
d) Business Tax Exemption (Legislative Assembly Office)
Regulation (AR 214/2011),
section 3;
(
e) Chestermere Utilities Incorporated Regulation
(AR 163/2013),
section 6;
(
f) Electric Energy Generation Exemption Regulation
(AR 205/2012),
section 3;
(
g) Extension of Linear Property Regulation (AR 207/2012),
section 3;
(
h) Improvement District No. 349 Revenue Sharing Regulation
(AR 47/2012),
section 3;
(
i) Lac La Biche County Property Tax Bylaw Regulation
(AR 202/2011),
section 3;
(
j) Local Improvement (Road) Tax Bylaw Regulation
(AR 164/2013),
section 2;
(
k) Municipal Finance Clarification Regulation (AR 206/2012),
section 6;
(
l) NEW water Ltd. Regulation (AR 159/2012),
section 6;
(
m) Newell Regional Services Corporation Regulation
(AR 153/2012),
section 6;
(
n) Peace Regional Waste Management Company Regulation
(AR 41/2011),
section 6;
(
o) SuperNet Assessment Regulation (AR 113/2012),
section 5.
15 The following regulations are repealed:
(
a) Michener Centre Facility Board Transfer of
Governance Regulation (AR 167/2002);
(
b) Governance Regulation (AR 208/97);
(
c) Developmental Disabilities Regulation
(AR 183/2009);
(
d) Fatal Accidents Regulation (AR 32/2013);
(
e) Application in Respect of Regional Health
Authorities Regulation (AR 164/95).
--------------------------------
Alberta Regulation 46/2014
Traffic Safety Act
TRAFFIC CONTROL DEVICE (EXTENSION OF EXPIRY DATE)
AMENDMENT REGULATION
Filed: March 13, 2014
For information only: Made by the Minister of Transportation (M.O. 01/14) on
February 26, 2014 pursuant to sections 21 and 116(
j) of the Traffic Safety Act.
1 The Traffic Control Device Regulation (AR 254/2004) is
amended by this Regulation.
Section 2 is amended by striking out "September 30, 2014"
and substituting "September 30, 2024".
--------------------------------
Alberta Regulation 47/2014
Traffic Safety Act
COMMERCIAL VEHICLE DIMENSION AND WEIGHT
AMENDMENT REGULATION
Filed: March 17, 2014
For information only: Made by the Minister of Transportation (M.O. 04/14) on
March 14, 2014 pursuant to sections 116, 151 and 156 of the Traffic Safety Act.
1 The Commercial Vehicle Dimension and Weight
Regulation (AR 315/2002) is amended by this Regulation.
Section 1 is amended by adding the following after
clause (d):
(d.1) "axle group" means a single axle, a quantum axle group, a
tandem axle group or a tridem axle group;
Section 19 is amended
(
a) in subsection (1)(e)(
i) by striking out "$0.03" and
substituting "$0.024";
(
b) by repealing subsection (5);
(
c) in subsection (6) by striking out "Any fee" and
substituting "The total of any fee";
(
d) in subsection (8) by striking out "section 82(1)(c)" and
substituting "section 77(1)(b)".
4 Schedules 8 and 9 are repealed and the following is
substituted:
Schedule 8
Single Trip Steering Axle Fee
Permitted Weight Above Legal
Weight
Fee Per Km ($)
0 tonne to 1 tonne
0.05
Greater than 1 tonne to 2 tonnes
0.12
Greater than 2 tonnes to 3 tonnes
0.18
Greater than 3 tonnes to 4 tonnes
0.28
Greater than 4 tonnes to 5 tonnes
0.40
Greater than 5 tonnes to 6 tonnes
0.54
Greater than 6 tonnes to 7 tonnes
0.70
Greater than 7 tonnes to 8 tonnes
0.86
Greater than 8 tonnes
1.12
Schedule 9
Single Trip Axle Group Weight Fee
Fee Per Km
(A)
(B)
(C)
(
D) Permitted Weight
Range
per Axle Group
Over
*Base Weight
Single,
Tandem
and Tridem
Axle
Groups
($)
16 Wheel
Tandem
($)
Wide 16
Wheel
Tandem
($)
24 Wheel
Tandem
and
24 Wheel
Tridem
($)
0t to 1t
0.03
0.03
0.03
0.03
Greater than 1t to 2t
0.07
0.06
0.06
0.06
Greater than 2t to 3t
0.12
0.11
0.10
0.10
Greater than 3t to 4t
0.18
0.17
0.14
0.14
Greater than 4t to 5t
0.26
0.22
0.19
0.18
Greater than 5t to 6t
0.36
0.29
0.25
0.24
Greater than 6t to 7t
0.46
0.37
0.32
0.29
Greater than 7t to 8t
0.58
0.46
0.38
0.34
Greater than 8t to 9t
0.54
0.46
0.41
Greater than 9t to 10t
0.64
0.54
0.47
Greater than 10t to 11t
0.75
0.61
0.54
Greater than 11t to 12t
0.86
0.70
0.62
Greater than 12t to 13t
0.80
0.70
Greater than 13t to 14t
0.90
0.72
Greater than 14t to 15t
1.00
0.86
Greater than 15t to 16t
1.11
0.96
Greater than 16t to 17t
1.22
1.05
Greater than 17t to 18t
1.14
Greater than 18t to 19t
1.26
Greater than 19t to 20t
1.36
Greater than 20t to 21t
1.47
Greater than 21t
1.58
t = tonne
*Base Weights:
1. for Single Steer Axle Group: 7300 kg
2. for Twin Steer Axle Group: 13 600 kg
3. for Single Axle Group: 9100 kg
4. for 8 Wheel Tandem Axle Group: 17 000 kg
5. for 12 Wheel Tridem Axle Group: 24 000 kg
6. for Tridem Drive Axle Group: 23 000 kg
7. for 16 Wheel Tandem Axle Group: 25 000 kg
8. for Wide 16 Wheel Tandem Axle Group: 32 000 kg
9. for 24 Wheel Tandem Axle Group: 39 000 kg
10. for 24 Wheel Tridem Axle Group: 34 000 kg
11. for any other axle group: legal weight as per
section 9(1)
5 This Regulation comes into force on April 1, 2014.