Alberta Gazette — 15 February 2012 (Part II)
15 February 2012
Alberta — Gazette
Alberta Regulation 1/2012
Marketing of Agricultural Products Act
ALBERTA LAMB PRODUCERS PLAN AMENDMENT REGULATION
Filed: January 20, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 2/2012) on
January 20, 2012 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Alberta Lamb Producers Plan Regulation
(AR 263/2001) is amended by this Regulation.
Section 1 is amended by adding the following after
clause (i):
(i.01) "fiscal year" means the fiscal year of the Commission
provided for in
section 16;
Section 9(2) is repealed and the following is substituted:
(2) A request to inspect the books and records referred to in
subsection (1)(
d) must be made to the Commission at least 7 days in
advance.
Section 10(b), (
c) and (
d) are repealed.
Section 27(2) is repealed and the following is
substituted:
(2) The Commission may publish a notice of a meeting in any
manner that the Commission determines will provide notice to all
persons entitled to the notice.
Section 29(
a) is amended by striking out "in the current or
immediately preceding 12 months" and substituting "in the current
or the 2 immediately preceding fiscal years".
Section 37 is repealed.
Section 39 is amended by striking out "February 28, 2012"
and substituting "April 30, 2017".
9 The
Schedule is amended in
section 2
(
a) in clause (a)
(
i) by adding the following after subclause (v):
(v.1) Kananaskis Improvement District;
(v.2) Municipal District of Foothills No. 31;
(v.3) Vulcan County;
(ii) in subclause (vi) by striking out "(v)" and
substituting "(v.3)";
(
b) in clause (b)
(
i) by adding the following after subclause (v):
(v.1) Municipal District of Acadia No. 34;
(v.2) Special Area No. 2;
(v.3) Special Area No. 3;
(v.4) County of Newell;
(ii) in subclause (vi) by striking out "(v)" and
substituting "(v.4)";
(
c) in clause (c)
(
i) by repealing subclause (i);
(ii) by repealing subclause (iv);
(iii) by repealing subclause (v);
(iv) by repealing subclause (vi) and substituting
the following:
(vi) Rocky View County;
(
v) by repealing subclauses (ix), (x), (xi) and (xii);
(vi) by adding the following after subclause (xiv):
(xiv.1) Clearwater County;
(xiv.2) Red Deer County;
(vii) in subclause (xv) by striking out "(xiv)" and
substituting "(xiv.2)";
(
d) in clause (d)
(
i) by repealing subclause (ii);
(ii) by repealing subclause (ix) and substituting
the following:
(ix) Camrose County;
(iii) by repealing subclause (x);
(
e) in clause (e)
(
i) by adding the following after subclause (xii):
(xii.1) Municipal District of Opportunity No. 17;
(xii.2) County of Thorhild No. 7;
(xii.3) Athabasca County;
(xii.4) Strathcona County;
(xii.5) Lac La Biche County;
(ii) in subclause (xiii) by striking out "(xii)" and
substituting "(xii.5)";
(iii) by repealing subclause (xiv);
(
f) in clause (f)
(
i) by repealing subclause (
i) and substituting the
following:
(
i) Improvement District No. 12 (Jasper National
Park);
(ii) by repealing clauses (iv), (x), (xii) and (xiii);
(
g) in clause (g)
(
i) by striking out "includes the land included in";
(ii) by repealing subclause (
v) and substituting the
following:
(
v) County of Northern Lights;
(iii) by repealing subclause (vi) and substituting
the following:
(vi) Mackenzie County;
--------------------------------
Alberta Regulation 2/2012
Marketing of Agricultural Products Act
ALBERTA PORK PRODUCERS' PLAN AMENDMENT REGULATION
Filed: January 20, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 3/2012) on
January 20, 2012 pursuant to
section 23 of the Marketing of Agricultural Products
Act.
1 The Alberta Pork Producers' Plan Regulation
(AR 219/2001) is amended by this Regulation.
Section 1(1) is amended
(
a) by repealing clause (f);
(
b) in clause (g)
(
i) by striking out "domesticus";
(ii) by adding "or farmed wild boar, but does not include
feral wild boar" after "domestic pig";
(
c) by adding the following after clause (n):
(n.1) "Regional Director" means a Director who is elected or
appointed, as the case may be, to represent the
registered producers of a region;
Section 6(2) is amended in clause (l)
(
a) by adding "or implement" after "to establish";
(
b) by adding "or implementation" after "establishment".
Section 8(
b) is amended in clauses (
i) and (ii) by striking
out "General Manager" wherever it occurs and substituting
"Executive Director".
5 The following is added after
section 8:
Information
8.1(1) The Minister designated under
section 16 of the Government
Organization Act as the Minister responsible for the Animal Health
Act is authorized to disclose to the Corporation for use by the
Corporation in carrying out its functions and duties information,
including personal information as defined in the Freedom of
Information and Protection of Privacy Act, that has been collected or
used by the Minister under the Animal Health Act and the regulations
under that Act and that relates to the administration of the Act,
including
(
a) traceability, and
(
b) quarantines, orders and other matters under Parts 4 to 8 of the
Animal Health Act.
(2) The Corporation is authorized to disclose information, including
personal information as defined in the Freedom of Information and
Protection of Privacy Act, that has been collected by or used by the
Corporation under the Act and the regulations in carrying out its
functions and duties and that relates to the administration of the Plan,
including the information required under
Schedule 2 to the Alberta
Pork Producers' Commission Regulation (AR 285/96), to the
following:
(
a) the Minister designated under
section 16 of the Government
Organization Act as the Minister responsible for the Animal
Health Act in respect of matters relating to swine traceability
and quarantines, orders and other matters under Parts 4 to 8
of the Animal Health Act;
(
b) the Minister designated under
section 16 of the Government
Organization Act as the Minister responsible for the Traffic
Safety Act in respect of matters relating to the transportation
of hogs.
Section 11 is amended by striking out "the Hog
Registration, Licensing and Universal Service Charge Regulation"
and substituting "the Alberta Pork Producers' Commission
Regulation".
Section 12 is amended
(
a) by adding "and Directors" after "vote of the delegates";
(
b) by adding "and Directors" after "special meeting of the
delegates".
Section 13 is amended by adding "and Directors" after
"delegates" wherever it occurs.
Section 16(
a) is amended by striking out "district meetings"
wherever it occurs and substituting "regional meetings".
Section 26(1)(
b) is repealed and the following is
substituted:
(
b) is a represented adult as defined in the Adult Guardianship
and Trusteeship Act or is the subject of a certificate of
incapacity in effect under the Trustee Act;
11 The heading before
section 30 is amended by striking
out "District" and substituting "Regional".
Section 31 is amended by striking out "district meeting"
wherever it occurs and substituting "regional meeting".
13 The heading before
section 35 is amended by striking
out "General" and substituting "Directors and".
Section 35 is repealed and the following is substituted:
Directors and delegates meeting
35(1) In each year there must be an annual meeting of all the
Directors and delegates in Alberta.
(2) The annual meeting of the Directors and delegates must be held
not later than 15 months following the date of the conclusion of the
last annual meeting of the Directors and delegates.
Section 36(1) is repealed and the following is
substituted:
Special Directors and delegates meetings
36(1) Special meetings of Directors and delegates
(
a) may be called by the Corporation at any time, and
(
b) must be called by the Corporation on
(
i) the written request of the Council, or
(ii) the written request of at least 1/3 of the Directors and
delegates.
Section 38 is repealed and the following is substituted:
Notice of meeting
38 At least 14 days' notice in writing specifying the date, time and
place of annual meetings or special meetings of Directors and
delegates must be given by the Corporation to every Director and
delegate by mailing the notice to each Director's and delegate's last
known address as shown on the records of the Corporation.
Section 39 is repealed and the following is substituted:
Quorum
39 The quorum for an annual or a special meeting of the Directors
and delegates is the majority of the combination of Directors and
delegates.
Section 40(2) is amended by striking out "district annual
meetings" and substituting "regional annual meetings".
Section 41 is amended
(
a) in subsection (1)
(
i) in clause (
b) by striking out "the district" and
substituting "the region";
(ii) by repealing clause (
c) and substituting the
following:
(
c) in the case of an election for a regional Director or
a delegate, resides, subsection to subsection (3),
within the region that the regional Director or
delegate is to represent.
(
b) in subsection (2) by striking out "district" wherever it
occurs and substituting "region";
(
c) in subsection (3)
(
i) in clause (
a) by striking out "adjacent district" and
substituting "adjacent region";
(ii) by repealing clause (
b) and substituting the
following:
(
b) during the time that the producer is eligible to vote
in that adjacent region, to nominate persons to hold
office and to hold office as a regional Director or
as a delegate to represent the registered producers
in that adjacent region in the same manner and
under the same conditions as if that producer
resided in that adjacent region.
(
d) in subsections (4) to (6) by striking out "district"
wherever it occurs and substituting "region".
Section 42 is amended
(
a) in subsection (1) by adding "in accordance with
subsection (2.1)" after "occur";
(
b) by adding the following after subsection (2):
(2.1) A registered producer may vote either
(
a) by mail ballot, or
(
b) in person,
but not by both methods.
21 The following is added after
section 42:
Mail ballot
42.1(1) A mail ballot must be made available to each registered
producer by being mailed to the registered producer at least 30 days
prior to the ballot closing date for the regional annual meeting at
which the vote will be conducted.
(2) The ballot closing date must be
(
a) set by the Commission, and
(
b) not more than 5 business days prior to the date of the regional
annual meeting at which the vote will be conducted.
Section 43(2)(
b) is amended by striking out "districts'
annual meetings" and substituting "regions' annual meetings".
Section 43.1 is repealed and the following is
substituted:
Election of candidates for 2012 and thereafter
43.1(1) The Corporation must hold elections during the regional
annual meetings for the year 2012 and thereafter as follows:
(
a) Region No. 1 is to elect 2 Directors and 2 delegates at the
2012 regional annual meeting and every 3rd year thereafter;
(
b) Region No. 2 is to elect 2 Directors and 2 delegates at the
2014 regional annual meeting and every 3rd year thereafter;
(
c) Region No. 3 is to elect 2 Directors and 2 delegates at the
2013 regional annual meeting and every 3rd year thereafter.
(2) All regions must participate in the election of 2 Directors at
large at the 2012 regional annual meeting and every 3rd year
thereafter.
Section 43.2 is repealed and the following is
substituted:
Transitional provisions re terms of office
43.2(1) The unexpired term of office of a Director or a delegate of
Region No. 3 elected in 2011 expires on the day before the regional
annual meeting in 2013.
(2) The unexpired term of office of a Director or a delegate of
Region No. 2 elected in 2011 expires on the day before the regional
annual meeting in 2014.
(3) The unexpired term of office of a Director or a delegate of
Region No. 1 elected prior to or in 2009 expires on the day before
the regional annual meeting in 2012.
(4) The unexpired term of office of a Director at large elected prior
to or in 2009 expires on the day before the last regional annual
meeting in
Section 47 is repealed and the following is substituted:
Returning officer
47 The Executive Director of the Corporation, or the designate of
the Executive Director, is the returning officer and responsible for all
administrative procedures relating to the conduct of elections.
Section 48 is repealed and the following is substituted:
Duties of returning officer
48(1) The returning officer is to prepare and distribute to each
region a list of eligible voters for that region, and that list must
contain
(
a) the names of the eligible voters,
(
b) their addresses, and
(
c) their producer registration numbers.
(2) Unless otherwise directed by the Council, no person shall
destroy any records or ballots in respect of a vote or an election held
under this Plan until 90 days have elapsed from the day on which the
vote was taken.
27 The heading before
section 50 is amended by striking
out "Districts" and substituting "Regions".
Section 52 is amended
(
a) in subsection (1) by striking out "District No. 1" and
substituting "Region No. 1";
(
b) in subsection (2) by striking out "District No. 2" and
substituting "Region No. 2";
(
c) in subsection (3) by striking out "District No. 3" and
substituting "Region No. 3".
29 Sections 53, 54 and 55 are repealed.
Section 56 is amended by striking out "September 30,
2012" and substituting "September 30, 2017".
31(1) The following sections are amended by striking out
"district Director" wherever it occurs and substituting
"Regional Director":
section 25(b);
section 36(2);
section 40(5) and (7);
section 43(2)(a);
section 44(1);
section 45(1.1);
section 46.
(2) The following sections are amended by striking out
"district Directors" wherever it occurs and substituting
"Regional Directors":
section 19;
section 22;
section 34;
section 40(1);
section 42(2);
section 43(1)(a);
section 44(2);
section 45(1).
(3) The following sections are amended by striking out
"district annual meeting" wherever it occurs and substituting
"regional annual meeting":
section 30(2) and (3);
section 33;
section 34;
section 40(1), (2) and (3);
section 42(1) and (2);
section 43(2)(a);
section 44(1).
(4) The following sections are amended by striking out
"district" wherever it occurs and substituting "region":
section 23;
section 30(1);
section 42(2)(b), (5) and (8)(d);
section 43(1)(b);
section 45(2).
(5) The following sections are amended by striking out
"districts" wherever it occurs and substituting "regions":
section 24;
section 40(6);
section 50;
section 51.
(6) The following sections are amended by striking out "in
that district" and substituting "in that region":
section 22;
section 44(1)(b).
(7) The following sections are amended by striking out "for
a district" and substituting "for a region":
section 22;
section 30(3);
section 45(1).
(8) The following
section is amended by striking out "for the
district" and substituting "for the region":
section 36(2).
(9) The following
section is amended by striking out "for the
entire district" and substituting "for the entire region":
section 31(2).
(10) The following sections are amended by striking out "of
a district" and substituting "of a region":
section 25(b);
section 31(1).
(11) The following sections are amended by striking out "of
the district" and substituting "of the region":
section 30(2);
section 31(1)(a);
section 44(1)(a).
(12) The following
section is amended by striking out "that
adjacent district" wherever it occurs and substituting "that
adjacent region":
section 41(3)(b).
(13) The following sections are amended by striking out
"within the district" and substituting "within the region":
section 40(5)(
a) and (7)(b);
section 41(1)(c).
(14) The following
section is amended by striking out "for
that district" and substituting "for that region":
section 30(3).
(15) The following
section is amended by striking out
"special district meeting" and substituting "special regional
meeting":
section 33.
--------------------------------
Alberta Regulation 3/2012
Vital Statistics Act
VITAL STATISTICS INFORMATION REGULATION
Filed: January 20, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 6/2012) on
January 20, 2012 pursuant to
section 76 of the Vital Statistics Act.
Table of Contents
Interpretation
Collection of Registration Information
2 Completion of birth registration document
3 Information required for birth registration document
4 Birth registration document in respect of adoption
5 Birth registration document in respect of surrogacy
6 Non-completion report
7 Notice of birth or stillbirth
8 Registration of birth after one year
9 Information required for stillbirth registration document
10 Medical certificate of stillbirth
11 Conflicting information
12 Interim medical certificate of stillbirth
13 Registration of stillbirth after one year
14 Information required for marriage registration document
15 Registration of marriage after one year
16 Information required for change of name
17 Information required for death registration document
18 Information required for registration of death in respect of
unidentified body
19 Information required for registration of presumed death
20 Registration of death after one year
21 Medical certificate of death
22 Conflicting information
Use and Disclosure of Information
23 Application
24 Birth certificate or certified copy of birth registration record
25 Marriage certificate or certified copy of marriage registration record
26 Death certificate or certified copy of death registration record
27 Certified copy of stillbirth registration record
28 Certified copy of medical certificate or interim medical certificate of
stillbirth or death
29 Certificate of change of name
30 Search of registration records
31 Release of information
32 Translation
33 Duties of researcher
34 Expiry
35 Coming into force
Interpretation
1(1) In this Regulation,
(a) "Act" means the Vital Statistics Act;
(b) "full legal name" means
(
i) in the case of a person born in Canada, the person's
name as shown on the birth registration document of
that person, or
(ii) in the case of a person born outside Canada, the
person's name as shown on the documents under which
the person was lawfully admitted to Canada;
(c) "full name" means a person's currently used first name and
last name;
(d) "place", in the context of the place where an event occurred,
means the municipal address and the name of the
municipality where the event occurred, including the name of
a hospital, church or other facility, if applicable, or, if the
event did not occur in a municipality, as much information
with respect to the location where the event occurred as
possible, including the name of the closest municipality.
(2) For the purposes of registration of the particulars of an event, the
name of the place where an event occurred is the name by which the
place was known at the time when the event occurred.
Collection of Registration Information
Completion of birth registration document
2(1) In this section, "incapable" means unable because of death,
mental or physical disability, absence from Alberta or otherwise.
(2) For the purposes of this section, "mental disability", in respect of a
person, includes but is not limited to the status of being subject to a
temporary or permanent guardianship order under the Adult
Guardianship and Trusteeship Act.
(3) Subject to this section, the birth registration document for a child
born in Alberta must be completed and signed by the birth mother and
other parent of the child and delivered to the Registrar.
(4) If the father or other parent of the child is not known to or is
unacknowledged by the birth mother of the child, the birth mother
shall complete and sign the birth registration document and deliver it to
the Registrar.
(5) The particulars of the father or other parent of a child may be
registered only if both the birth mother and the father or other parent
sign the birth registration document.
(6) If the birth mother is incapable of completing the birth registration
document, it may be completed and delivered to the Registrar by either
(
a) the birth mother's guardian, if one has been appointed under
the Adult Guardianship and Trusteeship Act,
(
b) the birth mother's agent, if one has been appointed under the
Personal Directives Act, or
(
c) the birth mother's parent or guardian, if the birth mother is a
minor.
(7) If a person referred to in subsection (6) is not available to complete
and deliver the birth registration document on behalf of the birth
mother, the document may be completed, subject to subsection (8), and
delivered to the Registrar by a person who
(
a) has sufficient knowledge of the child's birth to provide the
information required under
section 3, and
(
b) is
(
i) either
(
A) the biological father of the child, where the father
makes an affidavit setting out the evidence
required in support of a presumption of parentage
under
section 8 of the Family Law Act, or the other
parent of the child determined in accordance with
section 8.1 of the Family Law Act, or
(
B) a person who has been granted a declaration of
parentage under
section 9 of the Family Law Act,
(ii) if no person meets the qualifications set out in subclause
(i)(
A) or (B), a person who has been appointed guardian
of the child pursuant to a guardianship order under
section 23 of the Family Law Act.
(8) A person who completes a birth registration document on behalf of
the birth mother under subsection (6) or (7) shall provide a written
explanation in the form of an affidavit as to why the birth mother is
incapable of completing the birth registration document.
(9) Where the birth mother is incapable of completing the birth
registration document, information in respect of the biological father or
other parent of the child may also be provided by a person who meets
the requirements set out in subsection (7)(b)(i)(
A) or (B).
(10) If a birth takes place in a hospital as defined in
section 1 of the
Hospitals Act, the hospital administrator must use the administrator's
best efforts to ensure that a birth registration document is completed by
the person responsible in accordance with this
section and must ensure
that it is delivered to the Registrar within 10 days from the date of
birth.
(11) If a birth registration document is incomplete, the hospital
administrator must immediately notify the person who provided the
partial information and use the administrator's best efforts to ensure
that the person provides the additional information necessary to
complete the birth registration document and deliver it to the Registrar.
(12) Where the hospital administrator is satisfied that a birth
registration document will not be completed and delivered under
subsection (3), (4), (6) or (7) in a timely manner, a non-completion
report explaining the reasons for the failure to complete the document
must be completed and delivered to the Registrar by the hospital
administrator within 10 days from the date of birth.
(13) This
section does not apply to a birth registration document
completed in accordance with
section 13, 14 or 16(1) or (2) of the Act.
(14) For the purposes of
section 8 of the Act, where the parents do not
agree on the last name or names to be used for the child because the
birth mother is incapable, the person who meets the requirements set
out in subsection (7)(b)(i)(
A) or (
B) may choose the last name or
names to be used for the registration of the child's birth.
Information required for birth registration document
3(1) The information that must be provided in respect of a child for
the registration of the child's birth within one year is as follows:
(
a) full name;
(
b) date and place of birth;
(
c) sex;
(
d) if the pregnancy resulted in the birth of more than one child,
the number of children born and the order of birth of the
child being registered.
(2) The information that must be provided in respect of the birth
mother for the registration of a child's birth is as follows:
(
a) the birth mother's full legal name;
(
b) subject to
section 2(6) and (7), the birth mother's signature.
(3) Additional information that must be provided, if available, in
respect of the birth mother is as follows:
(
a) date and place of birth;
(
b) age;
(
c) marital status;
(
d) current home telephone number;
(
e) currently used name;
(
f) current home address and mailing address, if different.
(4) The information that must be provided in respect of the father or
other parent of a child in respect of the registration of the child's birth,
if a father or other parent is listed on the birth registration document, is
as follows:
(
a) full legal name;
(
b) sex;
(
c) either
(
i) the signature of the father or other parent, or
(ii) an affidavit setting out the evidence required in support
of a presumption of parentage under
section 8 or 8.1 of
the Family Law Act or a declaration of parentage under
section 9 of the Family Law Act.
(5) Additional information that must be provided, if available, in
respect of the child's father or other parent, if the father or other parent
is listed on the birth registration document, is as follows:
(
a) date and place of birth;
(
b) currently used name;
(
c) age.
(6) The information that must be provided in respect of a person who
completes and signs the birth registration document on behalf of the
birth mother under
section 2(6) or (7) is as follows:
(
a) full name;
(
b) telephone number and other contact information;
(
c) relationship to the child, if any.
(7) This
section does not apply to the registration of the birth of a
deserted unidentified newborn pursuant to
section 13 of the Act or a
birth registration document completed in accordance with
section 14 or
16(1) or (2) of the Act.
Birth registration document in respect of adoption
4(1) For the purposes of
section 16(1) or (2) of the Act, the
information that must be provided to the Registrar in respect of an
adopted person is as follows:
(
a) the person's full legal name as it should appear pursuant to
the adoption order;
(
b) the person's sex.
(2) For the purposes of
section 16(1) or (2) of the Act, the information
that must be provided to the Registrar in respect of each of the person's
adoptive parent or parents is as follows:
(
a) the full legal name of the parent;
(
b) the currently used name of the parent, if different from (a);
(
c) the sex of the parent.
(3) For the purposes of
section 16(1) or (2) of the Act, the information
that must be provided, if available, to the Registrar in respect of each
of the person's adoptive parent or parents is as follows:
(
a) the parent's signature;
(
b) the parent's date and place of birth;
(
c) the parent's current home telephone number and mailing
address.
Birth registration document in respect of surrogacy
5(1) For the purposes of
section 14 of the Act, the information that
must be provided to the Registrar in respect of a surrogacy birth is as
follows:
(
a) the child's full legal name as it appears in the declaration of
the court under
section 8.2 of the Family Law Act;
(
b) the child's sex;
(
c) the child's date and place of birth as originally recorded.
(2) For the purposes of
section 14 of the Act, the information that
must be provided to the Registrar in respect of a person who is
declared to be a parent of the child by the Court under
section 8.2(6) of
the Family Law Act, and any person who as a result of that declaration
is a parent of the child under
section 8.1 of the Family Law Act, is as
follows:
(
a) the full legal name of the parent;
(
b) the currently used name of the parent, if different;
(
c) the sex of the parent.
(3) For the purposes of
section 14 of the Act, the information that
must be provided, if available, to the Registrar in respect of a
surrogacy birth is as follows:
(
a) if the pregnancy resulted in the birth of more than one child,
the number of children born and the order of birth of the
child being registered;
(
b) the parent's signature;
(
c) the parent's date and place of birth;
(
d) the parent's age at the time of the child's birth;
(
e) the parent's marital status;
(
f) the parent's current home address, telephone number and
mailing address, if different.
Non-completion report
6 The information that must be provided, to the extent that it is
available to the hospital administrator, in a non-completion report for
the purposes of sections 2(12) and 9(10) is as follows:
(
a) the birth mother's full legal name or currently used name, if
different;
(
b) the birth mother's date of birth;
(
c) the birth mother's current mailing address;
(
d) the child's sex;
(
e) the child's date and place of birth;
(
f) the name and address of the hospital;
(
g) the reason why the birth registration document or notice of
birth has not been completed;
(
h) the reason why the birth registration document and notice of
birth are not being sent to the Registrar together;
(
i) the name and contact information of the person providing the
report;
(
j) the signature of the person referred to in clause (i).
Notice of birth or stillbirth
7(1) The information that must be provided on a notice of birth or
stillbirth, to the extent that it is known to the person completing the
notice, is as follows:
(
a) the child's date and place of birth or stillbirth;
(
b) the birth mother's full legal name or currently used name, if
different;
(
c) whether the pregnancy was a single or multiple pregnancy;
(
d) the birth order of the child, in the case of a multiple
pregnancy;
(
e) whether the child was born alive or stillborn;
(
f) the child's sex;
(
g) the type and name of attendant at the birth or stillbirth;
(
h) the name and contact information of the person completing
the notice;
(
i) if the birth or stillbirth occurred outside a hospital, the
attendant's contact information and signature and
relationship to the birth mother, if any.
(2) In addition to the information required under subsection (1), the
following information must be provided, if available, on a notice of
birth or stillbirth:
(
a) the full legal name of the child;
(
b) the time of birth or stillbirth;
(
c) the gestational age and birth weight of the child;
(
d) the birth mother's date of birth;
(
e) the birth mother's marital status;
(
f) the birth mother's current contact information;
(
g) the address to which the birth mother was discharged;
(
h) in the case of a birth, whether the child will be adopted;
(
i) the birth mother's age;
(
j) the number of children born alive to the birth mother;
(
k) the number of children stillborn to the birth mother;
(
l) the father's or other parent's full legal name and date of birth.
Registration of birth after one year
8(1) The information that must be provided in respect of the
registration of a birth after one year from the date of birth is as follows:
(
a) the full name of the person;
(
b) the person's sex;
(
c) the person's date and place of birth;
(
d) whether the person is alive at the time of registration;
(
e) the birth mother's full legal name;
(
f) the name and signature of the person registering the birth.
(2) In addition to the information required under subsection (1),
(
a) the information in respect of a birth that is required, if
available, under
section 3(3) and (5),
(
b) the birth mother's signature, and
(
c) the other parent's signature, if the name of the other parent is
to be recorded on the birth registration document,
must also be provided, if available, for the purpose of registering a
birth under this section.
(3) The signature of the person who provided the affidavit required for
the purposes of
section 6 of the Act must also be provided for the
purpose of registering a birth under this section.
(4) If the name of the other parent of the person whose birth is being
registered is to be recorded on the birth registration document, the
other parent's full legal name and sex must be provided.
Information required for stillbirth registration document
9(1) The information that must be provided in respect of a child for
the registration within one year of the stillbirth of the child is as
follows:
(
a) the full name of the child;
(
b) the date and place of stillbirth;
(
c) if the pregnancy resulted in the birth or stillbirth of more than
one child, the number of children born or stillborn and the
order of birth of the child being registered;
(
d) the sex of the child.
(2) The information that must be provided in respect of the birth
mother for the registration of the stillbirth of a child is as follows:
(
a) full legal name;
(
b) signature, subject to
section 2(6) and (7).
(3) Additional information that must be provided, if available, in
respect of the birth mother of a stillborn child is as follows:
(
a) currently used name;
(
b) date and place of birth;
(
c) age;
(
d) marital status;
(
e) current home telephone number;
(
f) current mailing address and current home address, if
different.
(4) The information that must be provided in respect of a father or
other parent for the registration of the stillbirth of a child, if a father or
other parent is listed on the stillbirth registration document, is as
follows:
(
a) full legal name;
(
b) sex;
(
c) either
(
i) the signature of the father or other parent, or
(ii) an affidavit setting out the evidence required in support
of a presumption of parentage under
section 8 or 8.1 of
the Family Law Act or a declaration of parentage under
section 9 of the Family Law Act.
(5) Additional information that must be provided, if available, in
respect of the father or other parent, if the father or other parent is
listed on the stillbirth registration document, is as follows:
(
a) date and place of birth;
(
b) age;
(
c) currently used name.
(6) The information that must be provided in respect of a person who
completes and signs a stillbirth registration document on behalf of the
birth mother is as follows:
(
a) full name;
(
b) telephone number and other contact information;
(
c) relationship to the child, if any.
(7) The information that must be provided in respect of the disposition
of the remains of a stillborn child is as follows:
(
a) method of disposition;
(
b) proposed date of disposition;
(
c) name and address of the cemetery, crematorium or other
place of disposition;
(
d) name, address and telephone number of the funeral home,
hospital or person who will be in charge of the remains for
the purpose of disposition;
(
e) the date on which the burial permit was issued;
(
f) the name and contact information of the person who issued
the burial permit.
(8) If a stillbirth takes place in a hospital as defined in
section 1 of the
Hospitals Act, the hospital administrator must use the administrator's
best efforts to ensure that a stillbirth registration document is
completed in accordance with this
section and delivered to the
Registrar within 10 days of the date of stillbirth.
(9) If a stillbirth registration document is incomplete, the hospital
administrator must use the administrator's best efforts to ensure the
person responsible completes the stillbirth registration document and
delivers it to the Registrar.
(10) Where the hospital administrator is satisfied that a stillbirth
registration document will not be completed and delivered in a timely
manner, a non-completion report explaining the reasons for the failure
to complete the document must be completed and delivered to the
Registrar by the hospital administrator within 10 days of the date of
stillbirth.
Medical certificate of stillbirth
10(1) The information that must be provided, if known, on a medical
certificate of stillbirth is as follows:
(
a) the last name of the child;
(
b) the date and place where the stillbirth occurred;
(
c) the sex of the child;
(
d) the immediate and any antecedent or underlying causes or
significant conditions contributing to the stillbirth;
(
e) whether an autopsy was performed and, if so, the particulars;
(
f) the name and medical designation of the attending physician
or medical examiner;
(
g) the contact information of the attending physician or medical
examiner;
(
h) the signature of the attending physician or medical examiner
and the date on which the certificate was signed;
(
i) the given names of the child;
(
j) the manipulative, instrumental or other operative procedures
used in the delivery;
(
k) whether the fetus was dead prior to the procedure referred to
in clause (j);
(
l) the nature of the procedure;
(
m) whether the death occurred before or during labour;
(
n) whether labour was induced.
(2) The medical certificate of stillbirth submitted to the Registrar must
bear the original signature of the physician or medical examiner who
completed it.
Conflicting information
11 Where the following information shown on the stillbirth
registration document conflicts with the information shown on the
medical certificate of stillbirth, the information on the medical
certificate of stillbirth must be used to register the stillbirth:
(
a) the sex of the child;
(
b) the date and place of the stillbirth.
Interim medical certificate of stillbirth
12 The Registrar may register a stillbirth with an interim medical
certificate of stillbirth that includes the information required under
section 10(1)(a), (b), (c), (f), (
g) and (h).
Registration of stillbirth after one year
13(1) The information that must be provided in respect of the
registration of a stillbirth after one year is as follows:
(
a) the last name of the child;
(
b) the sex of the child;
(
c) the date and place of the stillbirth;
(
d) the birth mother's full legal name;
(
e) the name and signature of the person registering the stillbirth.
(2) In addition to the information required under subsection (1),
additional information required under
section 9(4), where applicable,
section 9(3), (5) or (7), where available, must be provided.
(3) Where the application for registration of a stillbirth is being made
more than one year from the date of stillbirth, the person who signs the
stillbirth registration document must also provide the affidavit required
under
section 6 of the Act in respect of the registration of a birth.
Information required for marriage registration document
14(1) The information that must be provided respecting each of the
parties to a marriage for the registration of the marriage within one
year is as follows:
(
a) full legal name or currently used name, if different;
(
b) marital status at the time of issuance of the marriage licence;
(
c) sex;
(
d) date and place of birth;
(
e) signature.
(2) Additional information that must be provided, if available,
respecting each of the parties to the marriage is as follows:
(
a) parents' full legal names;
(
b) parents' places of birth;
(
c) religious denomination.
(3) The information that must be provided in respect of each witness
to a marriage for the registration of the marriage is as follows:
(
a) currently used name;
(
b) mailing address and telephone number;
(
c) signature.
(4) The information required in respect of the solemnization of the
marriage is as follows:
(
a) the date of the marriage;
(
b) the place where the marriage was solemnized;
(
c) the name and registration number of the person authorized
under the Marriage Act to solemnize the marriage;
(
d) whether the person referred to in clause (
c) is a marriage
commissioner, a marriage registrar designated by a Local
Spiritual Assembly of the Baha'i Faith or a member of the
clergy, and if the person is a member of the clergy, the
religious denomination to which the person belongs;
(
e) the signature of the person referred to in clause (c).
Registration of marriage after one year
15(1) The information that must be provided for the registration of a
marriage after one year is as follows:
(
a) the full legal name of each of the parties to the marriage, or
the person's currently used name, if different;
(
b) the date of the marriage;
(
c) the sex of each of the parties to the marriage;
(
d) the place where the marriage was solemnized;
(
e) the name and signature of the person registering the
marriage.
(2) In addition to the information required under subsection (1), the
following information must also be provided, if available:
(
a) the marital status of each of the parties to the marriage at the
time of issuance of the marriage licence;
(
b) the date and place of birth of each of the parties to the
marriage;
(
c) the names and places of birth of the parents of each of the
parties to the marriage;
(
d) the religious denomination of each of the parties to the
marriage;
(
e) the currently used names of each of the witnesses at the time
of the marriage;
(
f) the addresses of and other contact information for each of the
witnesses;
(
g) the signatures of the witnesses;
(
h) the signature of the parties to the marriage;
(
i) the name, registration number and signature of the person
who solemnized the marriage;
(
j) whether the person referred to in clause (
i) was a marriage
commissioner, a marriage registrar designated by a Local
Spiritual Assembly of the Baha'i Faith or a member of the
clergy and, if the person was a member of the clergy, the
religious denomination to which the person belongs.
Information required for change of name
16(1) The information that must be provided by an applicant for a
change of name under
Part 3 of the Act is the applicant's
(
a) currently used name,
(
b) date and place of birth,
(
c) sex,
(
d) proof of identity that meets the requirements of
section 15 of
the Vital Statistics Ministerial Regulation,
(
e) current address and mailing address,
(
f) telephone number, and
(
g) signature.
(2) In addition to the requirements of subsection (1), an applicant must
also provide an affidavit confirming that the address in Alberta given
by the applicant under subsection (1) is the applicant's address.
(3) Where the applicant referred to in subsection (1) is an employee of
the Government of Alberta who is making the application in the
applicant's official capacity on behalf of another person whose name is
to be changed,
(a) subsection (2) does not apply to the applicant,
(
b) the information that must be provided in respect of the
applicant is
(
i) the information required under subsection (1)(a), (e), (
f) and (g), and
(ii) the type and identification number of the applicant's
government-issued identification,
and
(
c) if the applicant is not applying in person, the applicant must
submit a statutory declaration in the form established by the
Registrar with respect to the applicant's government-issued
identification.
(4) The information that must be provided in respect of a person
referred to in
section 22(2) of the Act is
(
a) if the person whose name is to be changed is the applicant, in
addition to the information required under subsection (1),
(
i) proof of marital status of the person that meets the
requirements of
section 17 of the Vital Statistics
Ministerial Regulation,
(ii) a record of the person's fingerprints taken by a law
enforcement agency in accordance with
section 24(2)(
j) of the Act,
(iii) certificates that show all previous changes of name of
the person,
(iv) the name being applied for, and
(
v) the person's full legal name and any other name by
which the person is known,
and
(
b) if the person whose name is to be changed is not the
applicant,
(
i) the information required under clause (
a) as it relates to
the person whose name is to be changed,
(ii) the person's full legal name and any other name by
which the person is known,
(iii) the person's address and telephone number,
(iv) the person's sex,
(
v) the date and place of birth of the person,
(vi) proof of the person's relationship to the applicant,
(vii) the person's consent in the form established by the
Registrar to the change of name, and
(viii) the person's signature.
(5) The information that must be provided in respect of a child whose
name is to be changed pursuant to an application under
Part 3 of the
Act is
(
a) the child's full legal name and any other names by which the
child is known,
(
b) the date on which and the place where the child was born,
(
c) the child's address,
(
d) the child's sex,
(
e) where the child is 12 years of age or older, a record of the
child's fingerprints taken by a law enforcement agency in
accordance with
section 24(2)(
j) of the Act,
(
f) the names of the persons listed as parents on the child's birth
registration document,
(
g) the name being applied for,
(
h) if the child is 12 years of age or older, the child's signature as
it currently appears and the child's consent in the form
established by the Registrar to change the name, and
(
i) certificates that show all previous changes of name of the
child.
(6) The information that must be provided in respect of a person
whose consent to a change of name is required for the purposes of an
application under
Part 3 or
Part 4 of the Act is
(
a) the person's full name,
(
b) the person's current mailing address and telephone number,
(
c) proof of the person's relationship to the person for whom
consent to the change of name is being provided,
(
d) the person's signature,
(
e) the full name, address and telephone number of the person
who witnessed the signing of the consent form and the
relationship of the witness to the person giving consent, if
any, and
(
f) the signature of the witness.
(7) A person may not be a witness for the purposes of subsection (6) if
(
a) the person is named on the document to be registered,
(
b) the person's consent is also required for the registration of
the document,
(
c) the person is under the age of 18 years, or
(
d) in the opinion of the Registrar, acting as a witness would
involve the person in a conflict of interest.
Information required for death registration document
17(1) The information that must be provided in respect of a deceased
person for the registration of the death of the person within one year is
as follows:
(
a) the full legal name of the deceased or the name used by the
deceased immediately prior to death, if different;
(
b) the sex of the deceased;
(
c) the age of the deceased at the time of death;
(
d) the date and place of death;
(
e) the name, address and telephone number of the person who is
providing the information for registration of the death and the
person's relationship to the deceased, if any.
(2) Additional information that must be provided, if available,
respecting the deceased person is as follows:
(
a) the deceased's date and place of birth;
(
b) the full legal names and places of birth of the deceased's
parents, if known;
(
c) the deceased's occupation and type of business prior to
death;
(
d) the deceased's marital status;
(
e) whether the deceased was an adult interdependent partner at
the time of death;
(
f) the name of the deceased's spouse or adult interdependent
partner, if any;
(
g) the deceased's usual permanent residence prior to death;
(
h) the deceased's Alberta personal health number;
(
i) the deceased's social insurance number;
(
j) the deceased's Alberta driver's licence number or
identification card number, if any.
(3) The information that must be provided for the registration of a
death in respect of the disposition of the remains of the deceased
person is as follows:
(
a) method of disposition;
(
b) proposed date of disposition;
(
c) name and address of the cemetery, crematorium or other
place of disposition;
(
d) name, address and telephone number of the funeral home,
hospital or person who will be in charge of the remains for
the purpose of disposition;
(
e) name and contact information of the person who issued the
burial permit in respect of the deceased person and the date
on which it was issued.
Information required for registration of death in respect
of unidentified body
18(1) In the case of an unidentified body, the information that must be
provided for the registration of the death is the following information
as it appears on the medical certificate of death:
(
a) the sex and age of the body;
(
b) the date of death;
(
c) the place where the death occurred;
(
d) the name, address and telephone number of the person who is
providing the information for registration of the death.
(2) The information that must be provided for the registration of a
death in respect of the disposition of the remains of an unidentified
body is as follows:
(
a) method of disposition;
(
b) proposed date of disposition;
(
c) name and address of the cemetery, crematorium or other
place of disposition;
(
d) name, address and telephone number of the funeral home,
hospital or person who will be in charge of the remains for
the purpose of disposition;
(
e) name and contact information of the person who issued the
burial permit in respect of the unidentified body and the date
on which it was issued.
Information required for registration of presumed death
19(1) In the case where the death of a person is presumed, the
information that must be provided for the registration of the death is
the information set out in the court order that declares or decrees that
the death is presumed to have occurred.
(2) In addition to the information required under subsection (1), the
information under
section 17(1) and (2) must also be provided, if
known, in respect of a person who is presumed to be deceased.
(3) Section 17(3) does not apply in the case of a presumed death.
Registration of death after one year
20(1) The information that must be provided in respect of a deceased
person for the registration of the death of the person after one year is as
follows:
(
a) the full legal name or the name used by the deceased
immediately prior to death, if different;
(
b) the date of death;
(
c) the place where the death occurred;
(
d) the sex and age of the deceased;
(
e) the name and contact information of the person who
completed the form.
(2) In addition to the information required under subsection (1), the
information that must be provided under
section 17(2) or (3) must also
be provided, if available.
(3) The affidavit required for the purposes of
section 35(
b) of the Act
may be provided by anyone with personal knowledge of the facts.
(4) The person who signs the affidavit referred to in subsection
(3) must also be recorded as the informant for the purposes of subsection
(1)(e).
(5) This
section does not apply to the registration of a death in respect
of an unidentified body under
section 18 or the registration of a
presumed death under
section 19.
Medical certificate of death
21(1) Subject to subsection (2), the information in respect of a
deceased person that must be provided, to the extent that it is known,
on the medical certificate of death is as follows:
(
a) the full legal name or currently used name of the deceased;
(
b) the deceased's Alberta Personal Health Number;
(
c) the date and place of death;
(
d) the sex and age of the deceased;
(
e) the immediate cause of death and any antecedent or
underlying causes or significant conditions that contributed
to the death of the deceased;
(
f) the manner of death, including
(
i) whether the death occurred as the result of an accident,
suicide or homicide or is undetermined, unclassified or
pending investigation,
(ii) the place where and the date on which the injury or
incident that resulted in the death occurred, and
(iii) a description of the circumstances of the injury or
incident;
(
g) whether an autopsy was performed and, if so, the particulars
of the autopsy, including whether further information about
the cause of death will be available at a later date;
(
h) whether the death occurred during or within 90 days
following a pregnancy;
(
i) whether the death occurred within 10 days of a surgical
operation and, if so, the operative findings;
(
j) the name of the attending physician or medical examiner, if
applicable;
(
k) the date on which the attending physician last attended the
deceased before death;
(
l) whether the attending physician or medical examiner viewed
the body after death;
(
m) whether notification to the medical examiner is required;
(
n) the signature of the physician or medical examiner who
completed the medical certificate of death;
(
o) the date on which the attending physician or medical
examiner, as the case may be, completed the medical
certificate of death;
(
p) the mailing address and business telephone number of the
attending physician or medical examiner.
(2) The medical certificate of death submitted to the Registrar must
bear the original signature of the physician or medical examiner who
completed it.
Conflicting information
22 Where the following information in respect of a deceased person
shown on a death registration document conflicts with the information
shown on the medical certificate of death, the information shown on
the medical certificate of death shall be used to register the death of the
deceased person:
(
a) the sex of the deceased;
(
b) the date or place of death of the deceased.
Use and Disclosure of Information
Application
23(1) The information to be provided by an applicant for
information, records or services under sections 46 to 50 of the Act is
(
a) the applicant's full name,
(
b) the applicant's mailing address and telephone number,
(
c) the purpose of the application,
(
d) the relationship, if any, of the applicant to the person to
whom the record applies,
(
e) proof of identity that meets the requirements of
section 15 of
the Vital Statistics Ministerial Regulation, and
(
f) the date and the signature of the applicant.
(2) A person who wishes to apply for information, records or services
under the Act may by consent designate an individual as an agent to
make the application on that person's behalf if the designated agent
(
a) is 18 years of age or older, and
(
b) has known the person for at least one year.
(3) Notwithstanding subsection (2)(b), the Registrar may accept an
application by a designated agent who has known the person for less
than one year where the Registrar is satisfied that
(
a) the consent is otherwise valid, and
(
b) the application meets the requirements of this section.
(4) Consent for the purposes of this
section must
(
a) be in the form established by the Registrar,
(
b) must contain
(
i) the full name, address and telephone number of the
applicant giving the consent,
(ii) the signature of the applicant,
(iii) the name of the designated agent to whom consent is
being given,
(iv) the address and telephone number of the designated
agent, and
(
v) the length of time the designated agent has known the
applicant,
and
(
c) be surrendered at the time of making the application.
(5) The designated agent must at the time of making the application
(
a) sign the application for the information, record or service,
(
b) provide proof of identity that meets the requirements of
section 15(1) or (2) of the Vital Statistics Ministerial
Regulation,
(
c) provide a statutory declaration in the form established by the
Registrar in accordance with subsection (6) or (7), and
(
d) produce the original signed consent form.
(6) If the designated agent makes the application in person, the
statutory declaration referred to in subsection (5) must contain
(
a) the full name of the designated agent,
(
b) the address and telephone number of the designated agent,
(
c) the full name of the person on whose behalf the application is
being made, and
(
d) the length of time the designated agent has known the person.
(7) If the designated agent makes the application by mail, the statutory
declaration referred to in subsection (5) must, in addition to the
information set out in subsection (6)(
a) to (d), meet the requirements
set out in
section 15(3) of the Vital Statistics Ministerial Regulation.
Birth certificate or certified copy of birth
registration record
24(1) Subject to subsection (2), the following persons may apply to
the Registrar in the form established by the Registrar for a birth
certificate or a certified copy of a birth registration record of a person:
(
a) the person whose birth was registered by the birth
registration record;
(
b) a person who is named on the birth registration record of the
person referred to in clause (
a) as a parent of that person;
(
c) a person who is named as a parent of the person referred to in
clause (
a) in a declaration of parentage made pursuant to
section 8.2 or 9 of the Family Law Act;
(
d) a person who is named as a parent of the person referred to in
clause (
a) in an order respecting parentage that is
substantially equivalent to a declaration of parentage under
the Family Law Act that was made by a Canadian court under
an enactment of another province or territory;
(
e) a person who is designated by the personal directive of the
person referred to in clause (
a) as that person's agent;
(
f) a person who is in the process of adopting the person referred
to in clause (a), as shown in a petition for adoption filed in
accordance with the Adult Adoption Act, the Child, Youth and
Family Enhancement Act or an enactment respecting
adoption of another jurisdiction;
(
g) a person who is, pursuant to an enactment or a court order,
the guardian or trustee of a person referred to in clause (
a) or
(b), if the making of the application is consistent with the
authority granted to the guardian or trustee;
(
h) a person who holds a power of attorney to act on behalf of a
person referred to in clause (
a) or (b), if the making of the
application is consistent with the powers and duties of the
attorney conferred by the power of attorney;
(
i) a lawyer who has been retained by a person referred to in
clauses (
a) to (
h) or (
k) to provide legal services to that
person, if the information is required for the provision of
those legal services;
(
j) the designated agent of a person referred to in clauses (
a) to
(h), on providing the person's consent in the form established
by the Registrar;
(
k) a person authorized by an order of a court in Alberta to make
the application;
(
l) a person who requires the certificate or certified copy for the
purposes of complying with another enactment;
(
m) if the person referred to in clause (
a) is deceased,
(
i) the executor, personal representative or administrator of
the deceased's estate, or the Public Trustee for the
purpose of complying with
Part 2, Division 2 of the
Public Trustee Act, or
(ii) an adult who is the next of kin, as defined in the Fatality
Inquiries Act, of the deceased;
(
n) where there is no person referred to in clause (m)(ii) living
and no person eligible to apply in accordance with clauses (
a) to (m)(i), an adult relative of the person referred to in clause
(a);
(
o) where there is no person authorized under clauses (
a) to (n),
any person who by affidavit satisfies the Registrar of that fact
and that the certificate or certified copy is required;
(
p) any person affiliated with a police service or law
enforcement agency who by affidavit satisfies the Registrar
that the certificate or certified copy is required.
(2) Where the person referred to in subsection (1)(
a) is a child
(
a) younger than the age of 12, the application must be made on
behalf of the child by a parent or guardian of the child,
(
b) between the ages of 12 and 14, the child may make the
application with the consent of the child's parent or guardian
in the form established by the Registrar, and
(
c) older than the age of 14, the child may make the application
on his or her own behalf.
(3) An applicant must provide proof acceptable to the Registrar that
the applicant meets the applicable criteria set out in subsection (1)(
a) to
(
p) or (2).
Marriage certificate or certified copy of marriage
registration record
25(1) The following persons may apply to the Registrar in the form
established by the Registrar for a marriage certificate or a certified
copy of a marriage registration record:
(
a) either of the persons whose names appear on the marriage
registration record as the parties to the marriage;
(
b) a person who is, pursuant to an enactment or a court order,
the guardian or trustee of a person referred to in clause (a), if
the making of the application is consistent with the authority
granted to the guardian or trustee;
(
c) a person who holds a power of attorney to act on behalf of a
person referred to in clause (a), if the making of the
application is consistent with the powers and duties of the
attorney conferred by the power of attorney;
(
d) the designated agent of a person referred to in clauses (
a) to
(c), on providing the person's consent in the form established
by the Registrar;
(
e) a lawyer who has been retained by a person referred to in
clauses (
a) to (c), (
f) or (
g) to provide legal services to that
person, if the information is required for the provision of
those legal services;
(
f) a person who is designated by the personal directive of a
person referred to in clause (
a) as that person's agent;
(
g) a person authorized by an order of a court in Alberta to make
the application;
(
h) if a person referred to in clause (
a) is deceased,
(
i) the executor, personal representative or administrator of
the deceased's estate, or the Public Trustee for the
purpose of complying with
Part 2, Division 2 of the
Public Trustee Act, or
(ii) an adult who is the next of kin, as defined in the Fatality
Inquiries Act, of the deceased;
(
i) where there is no person referred to in clause (h)(ii) living
and no person eligible to apply in accordance with clauses (
a) to (h)(i), an adult relative of a person referred to in clause (a);
(
j) where there is no person authorized under clauses (
a) to (i),
any person who by affidavit satisfies the Registrar of that fact
and that the certificate or certified copy is required;
(
k) any person affiliated with a police service or law
enforcement agency who by affidavit satisfies the Registrar
that the certificate or certified copy is required.
(2) An applicant must provide proof acceptable to the Registrar that
the applicant meets the applicable criteria set out in subsection (1)(
a) to
(k).
Death certificate or certified copy of death
registration record
26(1) The following persons may apply to the Registrar in the form
established by the Registrar for a death certificate or a certified copy of
a death registration record:
(
a) the executor, personal representative or administrator of the
deceased's estate, or the Public Trustee for the purpose of
complying with
Part 2, Division 2 of the Public Trustee Act;
(
b) an adult who is the next of kin, as defined in the Fatality
Inquiries Act, of the deceased, including a minor who is a
parent, spouse or adult interdependent partner of the
deceased;
(
c) a person who immediately before the deceased's death was,
pursuant to an enactment or a court order, the guardian or
trustee of the deceased, if the making of the application is
consistent with the authority granted to the guardian or
trustee;
(
d) a person authorized by an order of a court in Alberta to make
the application;
(
e) a person who was, immediately before the deceased's death,
a joint tenant with the deceased, on providing a certified copy
of the title to the property that shows the joint tenancy;
(
f) the designated agent of a person referred to in clauses (
a) to
(c), on providing the person's consent in the form established
by the Registrar;
(
g) where there is no person referred to in clause (
b) living and
no person eligible to apply in accordance with clauses (
a) to
(d), an adult relative of the deceased;
(
h) if the Registrar considers it appropriate,
(
i) a former spouse or former adult interdependent partner
of the deceased, or
(ii) a government agency or other organization that provides
benefits to survivors or beneficiaries of the deceased;
(
i) a representative of the funeral home that makes the
arrangements for the disposition of the deceased's body, at
the time of disposition;
(
j) a lawyer who has been retained by a person referred to in
clauses (
a) to (e), (
g) or (
h) to provide legal services to that
person, if the information is required for the provision of
those legal services;
(
k) any person affiliated with a police service or law
enforcement agency who by affidavit satisfies the Registrar
that the certificate or certified copy is required.
(2) An applicant must provide proof acceptable to the Registrar that
the applicant meets the applicable criteria set out in subsection (1)(
a) to
(k).
Certified copy of stillbirth registration record
27(1) The following persons may apply to the Registrar in the form
established by the Registrar for a certified copy of a stillbirth
registration record:
(
a) an adult who is the next of kin, as defined in the Fatality
Inquiries Act, of the stillborn child, including a minor who is
a parent of the deceased;
(
b) where there is no person referred to in clause (
a) living, an
adult relative of the stillborn child;
(
c) the designated agent of a person referred to in clause (
a) or
(b), on providing the person's consent in the form established
by the Registrar;
(
d) a person who has been authorized by an order of a court in
Alberta to apply;
(
e) a representative of the funeral home that makes the
arrangements for the disposition of the stillborn child's body,
at the time of disposition;
(
f) where there is no person authorized under clauses (
a) to (e),
any person who by affidavit satisfies the Registrar of that fact
and that the certified copy of the stillbirth registration record
is required;
(
g) a lawyer who has been retained by a person referred to in
clause (a), (c), (
d) or (
f) to provide legal services to that
person, if the information is required for the provision of
those legal services;
(
h) any person affiliated with a police service or law
enforcement agency who by affidavit satisfies the Registrar
that the certificate or certified copy is required.
(2) An applicant must provide proof acceptable to the Registrar that
the applicant meets the applicable criteria set out in subsection (1)(
a) to
(h).
Certified copy of medical certificate or interim
medical certificate of stillbirth or death
28(1) The following persons may apply to the Registrar in the form
established by the Registrar for a certified copy of a medical certificate
or interim medical certificate of stillbirth or death:
(
a) an adult person who is the next of kin, as defined in the
Fatality Inquiries Act, of the stillborn child or deceased
person, including a minor who is a parent of the stillborn
child or deceased person or a spouse or adult interdependent
partner of the deceased;
(
b) the designated agent of a person referred to in clause (a), on
providing the person's consent in the form established by the
Registrar;
(
c) a person who has been authorized by an order of a court in
Alberta to apply;
(
d) a person who by affidavit satisfies the Registrar that the
certified copy of the medical certificate or interim medical
certificate of stillbirth or death is required to accompany an
application for a burial permit or disinterment permit or for
the purpose of transporting the body of the stillborn child or
deceased person;
(
e) a lawyer who has been retained by a person referred to in
clause (a), (
c) or (
d) to provide legal services to that person,
if the information is required for the provision of those legal
services;
(
f) any person affiliated with a police service or law
enforcement agency who by affidavit satisfies the Registrar
that the certificate or certified copy is required.
(2) An applicant must provide proof acceptable to the Registrar that
the applicant meets the applicable criteria set out in subsection (1)(
a) to
(f).
Certificate of change of name
29(1) The following persons may apply to the Registrar in the form
established by the Registrar for a certificate in respect of a change of
name:
(
a) the person whose name was changed;
(
b) the person who applied for the change of name;
(
c) a person who is, pursuant to an enactment or a court order,
the guardian or trustee of the person referred to in clause (a),
if the making of the application is consistent with the
authority granted to the guardian or trustee;
(
d) where the person whose name was changed is a minor,
(
i) a parent of the person who is listed on the person's birth
registration document,
(ii) the guardian or trustee of the person's parent,
(iii) a person to whom the person's parent has given power
of attorney,
(iv) a person who is named as a parent of the person in a
declaration of parentage made pursuant to
section 8.2 or
9 of the Family Law Act, or
(
v) a person who is named as a parent of the person in an
order respecting parentage that is substantially
equivalent to a declaration of parentage under the
Family Law Act that was made by a Canadian court
under an enactment of another province or territory;
(
e) the designated agent of a person referred to in clauses (
a) to
(d), on providing the person's consent in the form established
by the Registrar;
(
f) a person who holds a power of attorney to act on behalf of a
person referred to in clause (a), if the making of the
application is consistent with the powers and duties of the
attorney conferred by the power of attorney;
(
g) a person authorized by an order of a court in Alberta to make
the application;
(
h) if the person referred to in clause (
a) is deceased, the
executor, personal representative or administrator of the
deceased person's estate, or the Public Trustee for the
purpose of complying with
Part 2, Division 2 of the Public
Trustee Act;
(
i) any person affiliated with a police service or law
enforcement agency who by affidavit satisfies the Registrar
that the certificate or certified copy is required.
(2) An applicant must provide proof acceptable to the Registrar that
the applicant meets the applicable criteria set out in subsection (1)(
a) to
(i).
Search of registration records
30(1) The information to be provided by an applicant for a search of a
registration record is,
(
a) in respect of a birth,
(
i) the full legal name of the person,
(ii) the date on which and the place where the birth
occurred, including the name of the hospital, if
applicable,
(iii) the sex of the person, and
(iv) the full legal names and places of birth of the person's
parents, and any other names the person's parents may
have been known by,
(
b) in respect of a stillbirth,
(
i) the full legal name of the stillborn child,
(ii) the date on which and the place where the stillbirth
occurred, including the name of the hospital, if
applicable,
(iii) the sex of the stillborn child, and
(iv) the full legal names and places of birth of the stillborn
child's parents, and any other names the stillborn child's
parents may have been known by,
(
c) in respect of a marriage,
(
i) the full legal names of the spouses and any other names
the spouses may have been known by,
(ii) the sex of each of the spouses,
(iii) the places of birth of the spouses, and
(iv) the date on which and the place where the marriage took
place,
and
(
d) in respect of a death,
(
i) the full legal name of the deceased, including the last
name of the deceased used immediately prior to death,
if different,
(ii) the age, date of birth and sex of the deceased,
(iii) the deceased's marital status and usual place of
residence prior to death, and
(iv) the date on which and the place where death occurred.
(2) The information to be provided by an applicant for a search of a
change of name record is
(
a) the former name of the person to whom the record applies,
(
b) the new name of the person referred to in clause (a),
(
c) the approximate date on which the person's name was
changed, and
(
d) the person's date and place of birth, if known, and the sex of
the person.
Release of information
31 The Registrar may give access to or provide copies of or
information from any register or record on file in the office of the
Registrar to the following persons:
Government of Alberta, the government of another province
or territory, the Government of the United States of America,
the government of any state of the United States of America
or the government of a member of the British
Commonwealth;
(
b) a police officer as defined in the Police Act or a
representative of a police service under the Police Act or any
municipal or provincial police service of another province or
territory;
(
c) a representative of a regional health authority established
pursuant to the Regional Health Authorities Act, an approved
hospital designated pursuant to the Hospitals Act or any
Workers' Compensation Board in Canada;
(
d) the Chief Medical Examiner appointed under
section 5 of the
Fatality Inquiries Act;
(
e) the Chief Medical Officer appointed under
section 13 of the
Public Health Act;
(
f) a representative of a federally, provincially or territorially
administered pension plan in respect of information
necessary for the administration of the pension of one of its
members;
(
g) a person in accordance with
(
i) an enactment of Alberta or Canada that authorizes or
requires the disclosure or access, or
(ii) a treaty, arrangement or agreement under an enactment
of Alberta or Canada that authorizes or requires the
disclosure or access.
Translation
32(1) Where a document required for the purposes of this Regulation
(
b) the notarized affidavit of the translator stating that the
translation is accurate.
the notarized affidavit of the translator is to be borne by the applicant.
Duties of researcher
33(1) The Registrar may give access to or provide copies of or
information from any register or record on file in the office of the
Registrar to a researcher who satisfies the Registrar that
(
a) the purpose of the research is legitimate and cannot
reasonably be accomplished unless the information is
provided in individually identifiable form,
(
b) any record linkage is not harmful to the individuals the
information is about and the benefits to be derived from the
linkage are clearly in the public interest,
(
c) the information to be released will not be used in any way
that would reveal the identity of any individual who is the
subject of the information, and
(
d) all individual identifiers will be removed or destroyed at the
earliest reasonable time.
(2) A researcher must
(
a) sign an agreement with the Registrar in respect of the use,
subsequent use, disclosure, security and confidentiality of
information disclosed to the researcher under subsection (1),
and
(
b) take the following oath:
OFFICIAL OATH
I, (name) , do swear (or solemnly affirm) that I will diligently,
faithfully and to the best of my ability execute according to law the
responsibilities required of me by the research agreement dated
, which allows me access to registers or records specified
in the agreement, and that I will not, without due authorization,
disclose or make known any matter or thing that the terms of the
research agreement forbid me to disclose.
SO HELP ME GOD
(omit if affirmed)
(signature of person swearing or affirming)
TAKEN and subscribed before me at (place) on (date) , 20 .
(signature of Commissioner for Oaths or Notary Public)
(A Commissioner for Oaths or a Notary Public
in and for the Province of Alberta)
Expiry
34 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 October 31, 2016.
Coming into force
35 This Regulation comes into force on the coming into force of
section 76 of the Vital Statistics Act, SA 2007 cV-4.1.
--------------------------------
Alberta Regulation 4/2012
Vital Statistics Act
VITAL STATISTICS TRANSITIONAL REGULATION
Filed: January 20, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 7/2012) on
January 20, 2012 pursuant to
section 76 of the Vital Statistics Act.
Table of Contents
Definitions
2 Completion of matters
3 Director as Registrar
4 Collection of information
5 Expiry
6 Coming into force
Definitions
1 In this Regulation,
(a) "Act" means the Vital Statistics Act, SA 2007 cV-4.1;
(b) "former Act" means the Vital Statistics Act, RSA 2000 cV-4.
Completion of matters
2 Any of the following matters that were commenced but not
completed in accordance with the former Act prior to the coming into
force of
section 76 of the Act must be completed as if the former Act
had not been repealed:
(
a) an application to register
(
i) a birth,
(ii) a stillbirth,
(iii) a death,
(iv) an adoption, or
(
v) a marriage;
(
b) an application to amend the registration record of an event;
(
c) an application for a certificate or certified copy of a
registration record;
(
d) an application for a search of registration records.
Director as Registrar
3 The Director appointed under
section 25 of the former Act is
deemed to have been appointed as Registrar under
section 44 of the
Act.
Collection of information
4 The Registrar may collect any information in respect of a vital
statistics event that the Director was authorized to collect under the
former Act.
Expiry
5 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 December 11, 2013.
Coming into force
6 This Regulation comes into force on the coming into force of
section 76 of the Vital Statistics Act, SA 2007 cV-4.1.
Alberta Regulation 5/2012
Senatorial Selection Act
SENATE NOMINEE REGULATION
Filed: January 20, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 8/2012) on
January 20, 2012 pursuant to
section 29 of the Senatorial Selection Act.
Table of Contents
1 Application
2 Forms
3 Term of a Senate nominee
4 Official count
5 Repeal
6 Expiry
Schedule
Application
1 This Regulation applies to an election under the Senatorial
Selection Act that is to be held in conjunction with a general election
under the Election Act.
Forms
2(1) The forms, oaths and notices to be used under the Senatorial
Selection Act are the following:
(
a) the forms, oaths and notices prescribed in the Schedule;
(
b) subject to subsection (2), Forms 2, 5, 8, 9, 10, 11, 12, 13, 14,
15, 16, 18 and 21 of the Election Act Forms Regulation
(AR 141/2011) under the Election Act;
(
c) any other forms and notices prescribed by the Chief Electoral
Officer.
(2) The forms referred to in subsection (1) may be used without
making any specific references to the Senatorial Selection Act for the
purposes of the election under the Senatorial Selection Act and the
general election under the Election Act.
Term of a Senate nominee
3(1) The term of a Senate nominee declared elected in the election
held in 2004 under the Senatorial Selection Act expires on the earlier
(
a) the issuance of a writ under
section 5(1)(
b) of the Senatorial
Selection Act, or
(
b) December 2, 2013.
(2) The term of a Senate nominee declared elected in an election held
after the coming into force of this
section commences on the day the
person is declared elected in accordance with the Senatorial Selection
Act and expires on the issuance of a writ under
section 5(1)(
b) of the
Senatorial Selection Act.
Official count
4(1) Each returning officer shall add together the ballot accounts as
prepared by the deputy returning officers.
(2) On complying with subsection (1), the returning officer shall
prepare the prescribed Statement of Official Results.
(3) Notwithstanding
section 21(1) of the Act, the Chief Electoral
Officer may extend the time within which each returning officer must
submit to the Chief Electoral Officer the Statement of Official Results
prepared by the returning officer.
(4) This
section expires in accordance with
section 29(2) of the
Senatorial Selection Act.
Repeal
5 The Senate Nominee Regulation (AR 215/2004) is repealed.
Expiry
6 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 December 31, 2020.
Schedule
Form 1
(Section 5)
Writ Under the Senatorial Selection Act
Canada
Province of Alberta
Elizabeth The Second, by the Grace of God, of the United Kingdom,
Canada and her other Realms and Territories, Queen, Head of the
Commonwealth, Defender of the Faith.
To , Chief Electoral Officer,
Greeting:
We command you that, notice of the time and place of election being
given, you do cause an election to be held to elect person(
s) in accordance with the Senatorial Selection Act as person(
s) who may
be summoned to the Senate of Canada for the purpose of filling a
vacancy or vacancies relating to Alberta, with nomination day of the
election to be held on the date fixed for nominations for the next
general election under the Election Act, and in the event of a poll being
required you do cause a poll to be taken on the date fixed for voting for
the next general election under the Election Act and you do cause the
name(
s) of the person(
s) so elected to be certified to the President of
the Executive Council.
Dated at the City of Edmonton in the Province of Alberta, this
day of , 20 .
Endorsement
By Order: This writ received on the
_____ day of ______, 20__
_________________ ___________________
Lieutenant Governor Chief Electoral Officer
Form 2
(Section 34)
Senate Nominee Election
Proclamation
For the purpose of electing person(
s) according to the Senatorial
Selection Act whose name(
s) is (are) to be submitted by the
Government of Alberta to the Queen's Privy Council for Canada as a
person(
s) who may be summoned to the Senate of Canada for the
purpose of filling a vacancy or vacancies relating to Alberta, Public
Notice is hereby given to the electors that the following are fixed
pursuant to the Senatorial Selection Act:
Revisions to List of Electors
Revisions to the List of Electors will be conducted at the locations,
dates and times fixed for the Revisions to the List of Electors for the
next general election in each electoral division under the Election Act.
Nomination of Candidates
Commencing immediately and continuing until 2:00 p.m. on the date
fixed for nominations for the next general election under the Election
Act, unless that day falls on a Sunday or holiday, nomination papers
may be filed with the Office of the Chief Electoral Officer during
normal business hours at [address], for a candidate under the
Senatorial Selection Act.
Advance Polls
Advance Polls will be held at the locations designated and on the dates
and hours fixed for Advance Polls for the next general election in each
electoral division under the Election Act.
Polling Day
Voting will take place on the date and at the hours fixed at which
polling places will open and close for voting for the next general
election in each electoral division under the Election Act.
Announcement of Official Results
The announcement of official results will take place at the Office of
the Chief Electoral Officer 10 days after the polling date fixed for the
next general election under the Election Act.
Additional information concerning the Senate Nominee Election may
be obtained from the Office of the Chief Electoral Officer, [address]
[telephone number], or from the returning officer in the applicable
Electoral Division:
[returning officer's name, Electoral Division]
[address]
[telephone number]
Issued (date) by (Chief Electoral Officer)
Form 3
(Sections 8, 9, 10 and 11)
Senate Nominee Election
Candidate Nomination Paper
Part 1
We, the undersigned electors of the Province of Alberta, nominate
(print name of candidate) , representing
(political party, if applicable) as a candidate for the purpose of
electing a person according to the Senatorial Selection Act, whose
name is to be submitted by the Government of Alberta to the Queen's
Privy Council for Canada as a person who may be summoned to the
Senate of Canada for the purpose of filling a vacancy relating to
Alberta.
Printed Name
of Elector
Address
in Alberta
Telephone
Number
Signature
of Elector
Date
I, (print name) , swear (or affirm) that I witnessed the signatures of
the electors recorded on this Senate Nominee Election Candidate
Nomination Paper.
Sworn (or affirmed) before me )
at the of , )
in the Province of Alberta, this ) _______________
day of , 20 . ) (signature of witness)
(signature of authorized person) )
Print name:_________________________
Authority to administer oath:___________
A person who takes a false oath commits an offence and is liable to a
fine or imprisonment.
Each elector must be ordinarily resident in the Province of Alberta.
To be signed by 1500 or more electors in the presence of the witness.
Each page containing signatures must be witnessed.
Part 2
The electors whose names appear on the Senate Nominee Election
Candidate Nomination Paper nominate:
(print name of candidate)
as a candidate for the purpose of electing a person according to the
Senatorial Selection Act, whose name is to be submitted by the
Government of Alberta to the Queen's Privy Council for Canada as a
person who may be summoned to the Senate of Canada for the purpose
of filling a vacancy relating to Alberta.
Address for Service
Documents may be served and notices given respecting the candidate at:
(campaign address including postal code - for publication)
(campaign telephone number - for publication)
(campaign fax number - for publication)
Official Agent
In accordance with
section 10 of the Senatorial Selection Act, I appoint
(print name of official agent) of (complete home address including
postal code) (telephone number) as my official agent.
I, (print name) , confirm that I am not a candidate and that I consent
to my appointment as the official agent.
(signature of official agent) (date)
Declaration of Candidate
I, (print name of candidate) , declare that I am eligible under
section
8 of the Senatorial Selection Act to be a candidate, that I consent to
my nomination and that I wish my name to appear on the ballot paper
as (print any combination of given name, initials or nickname)
(print surname) .
Complete A or B, whichever applies
A ? The attached Senate Nominee Election Candidate's Nomination
Endorsement Certificate from (political party) confirms that I
am the officially endorsed candidate under the Senatorial
Selection Act
B ? I am an independent candidate under the Senatorial Selection
Act
I further declare that I am a registered candidate under the Election
Finances and Contributions Disclosure Act.
(signature of candidate) (date)
Form 4
(Section 14)
Senate Nominee Election
Acclamation
I hereby certify and declare that the candidate(
s) elected pursuant to
the writ under the Senatorial Selection Act is (are):
Name(
s) Political Party/Independent
The acclamation is the result of (check one):
? the number of candidates nominated is less than or equal to
the number of persons to be elected
? one or more of the other candidates having withdrawn
(signature of Chief Electoral Officer) (date)
Form 5
(Section 20)
Senate Nominee Election
Affidavit of Printer
I, (print name) , swear (or affirm)
* that by direction of the Chief Electoral Officer for the
Province of Alberta I printed ballots for use at the election to
be held under the Senatorial Selection Act on the
day of , 20 , on the paper furnished for that purpose,
* that the attached sample shows the description of the ballots
printed by me,
* that I supplied the Chief Electoral Officer with (number of
ballots) ballots, and
* that no other of the ballots were printed by or supplied by me
to anyone.
Sworn (or affirmed) before me )
at the of , )
in the Province of Alberta, this ) _______________
day of , 20 . ) (signature of printer)
(signature of authorized person) )
Print name:_________________________
Authority to administer oath:___________
A person who takes a false oath commits an offence and is liable to a
fine or imprisonment.
Form 6
Form of Senate Nominee Ballot
FRONT OF BALLOT
This ballot shall not be marked for more than ___ candidate(s).
Stub Counterfoil Ballot
NAME OF CANDIDATE
POLITICAL PARTY OR
INDEPENDENT
NAME OF CANDIDATE
POLITICAL PARTY OR
INDEPENDENT
NAME OF CANDIDATE
POLITICAL PARTY OR
INDEPENDENT
BACK OF BALLOT
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
Number from
Poll Book
INITIALS OF
DRO
Senatorial Selection
Year
(SECOND FOLD)
(FIRST FOLD)
Form 7
Form of Senate Nominee Special Ballot
(Front of Special Ballot)
Print the name(
s) of not more than [number of persons to
be elected] different Senate Nominee candidates on the
lines below.
I vote for:
I vote for:
I vote for:
(Back of Special Ballot)
SENATE NOMINEE
ELECTION
SPECIAL BALLOT
Supplied by the Chief Electoral
Officer of Alberta
Initials of returning officer,
election clerk
or administrative assistant
0 0 0 0 0 0 0 0
Form 8
(Section 21)
Senate Nominee Election
Certificate and Return
I hereby certify that at the election held under the Senatorial Selection
Act on the day of , 20 , the following candidates
received the number of votes set opposite their names:
Name of Candidate
Votes Received
Political Party/
Independent
I hereby certify that the person(
s) elected under the Senatorial
Selection Act is (are):
Name
Political Party/Independent
Dated at the of , in the Province of Alberta.
(signature of Chief Electoral Officer) (date)
Form 9
(Section 23)
Disclaimer
I, (print name of candidate) , do hereby disclaim my right to have
my name forwarded by the Government of Alberta to the Queen's
Privy Council for Canada after having been declared elected at the
(day/month/year) election under the Senatorial Selection Act, and
request that my name not be submitted to the Queen's Privy Council
for Canada, or if my name has been submitted, the submission be
withdrawn.
(print name of candidate) (signature of candidate)
(print name of witness) (signature of witness)
(print address of witness)
Filed this day of , 20 .
(signature of Chief Electoral Officer)
--------------------------------
Alberta Regulation 6/2012
Municipal Government Act
HIGHWAY 43 EAST WASTE COMMISSION AMENDMENT REGULATION
Filed: January 20, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 11/2012)
on January 20, 2012 pursuant to
section 602.02 of the Municipal Government Act.
1 The Highway 43 East Waste Commission Regulation
(AR 32/94) is amended by this Regulation.
Section 2 is amended
(
a) by repealing clause (
a) and substituting the
following:
(
a) Lac Ste. Anne County;
(
b) in clause (
f) by striking out "Southview" and
substituting "South View";
(
c) in clause (
l) by striking out "Village" and
substituting "Town";
(
d) by repealing clause (m).
--------------------------------
Alberta Regulation 7/2012
Regional Health Authorities Act
HEALTH QUALITY COUNCIL OF ALBERTA REPEAL REGULATION
Filed: January 20, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 15/2012)
on January 20, 2012 pursuant to
section 23 of the Regional Health Authorities Act.
1 The Health Quality Council of Alberta Regulation
(AR 130/2006) is repealed on the coming into force of the
Health Quality Council of Alberta Act.
--------------------------------
Alberta Regulation 8/2012
Wills and Succession Act
INTERNATIONAL WILLS REGISTRATION SYSTEM REGULATION
Filed: January 20, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 20/2012)
on January 20, 2012 pursuant to
section 56 of the Wills and Succession Act.
Table of Contents
1 Registration system
2 Registrar
3 Filing of the list
4 Repeal
5 Coming into force
Schedule
Registration system
1 The Minister of Justice and Attorney General shall establish a
system of registration of international wills.
Registrar
2 The Public Trustee is designated as the registrar of the system.
Filing of the list
3 The list to be filed with the registrar by a person authorized to act in
connection with international wills under
section 55 of the Wills and
Succession Act must be in the form set out in the Schedule.
Repeal
4 The International Wills Registration System Regulation (AR 35/97)
is repealed.
Coming into force
5 This Regulation comes into force on the day immediately following
the day on which the Wills and Succession Act comes into force.
Schedule
List of persons who executed international wills during the month
of 20 :
Name of
testator
Address
of testator
Occupation
of testator
Testator's
date of
birth
Testator's
place of
birth
Date of
execution
of will
I certify that I have acted as a person authorized to act in connection
with international wills in the wills listed above.
______________________________
Signature of authorized person (or agent)
______________________________
Address
______________________________
Date
Alberta Regulation 9/2012
Wills and Succession Act
COURT PROCEDURES REGULATION
Filed: January 20, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 21/2012)
on January 20, 2012 pursuant to
section 112 of the Wills and Succession Act.
Definition
1 In this Regulation, "Surrogate Rules" means the Surrogate Rules
(AR 130/95).
Applications to the Court
2 Every application to the Court under the Wills and Succession Act
must be made in accordance with the Surrogate Rules.
Required financial information
3 A person who receives a request for financial information under
section 95(2) of the Act shall provide financial information in
accordance with Rule 70.9 of the Surrogate Rules.
Coming into force
4 This Regulation comes into force on the coming into force of the
Wills and Succession Act.
--------------------------------
Alberta Regulation 10/2012
Judicature Act
SURROGATE RULES AMENDMENT REGULATION
Filed: January 20, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 22/2012)
on January 20, 2012 pursuant to
section 28.1 of the Judicature Act.
1 The Surrogate Rules (AR 130/95) are amended by this
Regulation.
2 Rule 1 is amended in clause (
i) by adding ", except in rule
54.1," before "includes".
3 Rule 4 is repealed and the following is substituted:
Application for directions
4(1) A personal representative or a person interested in an estate
may apply in Form C 1 to the court for directions at any time.
(2) On an application for directions, the court may consider
(
a) practice, procedural or other issues or questions and ways to
resolve them, and
(
b) any other matter that may aid in the resolution or facilitate
the resolution of a claim, application or proceeding or
otherwise fairly or justly resolve the matter for which
direction is sought.
4 Rule 11(2) is amended
(
a) in clause (
d) by striking out "issue" and substituting
"descendants";
(
b) in clause (
h) by striking out "of closest and equal degree
of consanguinity" and substituting "determined in
accordance with sections 67 and 68 of the Wills and
Succession Act".
5 Rule 13(1)(
b) is amended by adding the following after
subclause (ix):
(
x) Form NC 20.1.
6 Rule 14 is repealed and the following is substituted:
Void gift
14 Subject to the reinstatement of a gift by the court under
section
40 of the Wills and Succession Act, an application made with respect
to a will must indicate that a gift is void if the will provides for a gift
to a beneficiary who
(
a) is a witness to the will,
(
b) is an individual who signed the will on behalf of the testator
under
section 19(1) of the Wills and Succession Act,
(
c) is an interpreter who provided translation services in respect
of the making of the will, or
(
d) is, within the meaning of
section 21(3) of the Wills and
Succession Act, the spouse or adult interdependent partner of
an individual described in clause (a), (
b) or (c).
7 Rule 21 is repealed and the following is substituted:
Minor testator
21 If the deceased was under 18 years of age at the time the will
was made, the applicant must prove that the deceased at that time
(
a) had a spouse or adult interdependent partner,
(
b) was a member of
(
i) a regular force as defined in the National Defence Act
(Canada), or
(ii) another component of the Canadian Forces and was, at
the time of making the will, placed on active service
under the National Defence Act (Canada),
(
c) was authorized to make, alter or revoke a will by an order of
the court under
section 36 of the Wills and Succession Act, or
(
d) in respect of a will made before the coming into force of the
Wills and Succession Act, was a person described in
section
9(1)(
c) or (3) of the Wills Act.
8 Rule 26(1) is amended by striking out "and" at the end of
clause (
a) and adding the following after clause (a):
(a.1) in Form NC 20.1 to the appropriate persons, if any, and
9 Rule 40(2) is amended by striking out "a notice of motion"
and substituting "an application".
10 The following is added after rule 54:
Division 3
Making, Altering or Revoking of
a Will by a Minor
Application under Wills and Succession Act
54.1(1) In this section, "minor" means an individual referred to in
section 36(1) of the Wills and Succession Act.
(2) An application for the purposes of
section 36 of the Wills and
Succession Act must be made by filing Form C 14, and an
accompanying affidavit in Form C 2, with the court.
(3) The form and affidavit referred to in subrule (2) must be served
at least 5 days before the hearing of the application, unless the court
permits a shorter period for service, on the Public Trustee, the
parents of the minor, the guardians of the minor and the trustee of
the estate of the minor, if any, and anyone else as directed by the
court.
(4) The court may dispense with service of the documents referred
to in subrule (2) on any person.
11 Rule 57 is amended by repealing clause (
n) and
substituting the following:
(
n) family members as defined in
section 72(
b) of the Wills and
Succession Act;
(
o) any person who has filed a Form C 1 for a matter relating to
the estate.
12 Rule 58(
a) is amended by striking out "a notice of motion"
and substituting "an application".
13 The following is added after rule 58:
Reply and demand for notice
58.1(1) For the purposes of Divisions 1.1 and 3, where an
application has been filed under rule 58 or 70.1, any person required
under rule 57 to be served with the application may file a reply in
Form C 2.1, accompanied with an affidavit in Form C 2, if evidence
is submitted, or a demand for notice in Form C 2.2.
(2) A demand for notice may be filed and served at any time before
the resolution of the matter.
(3) A reply and accompanying affidavit, if any, must be filed and
served 5 days or more before the returnable date stated in the
application or as directed by the court.
14 Rule 59(1) is amended by striking out "on all the persons
interested in the estate, if any" and substituting "on the persons
listed in rule 57 who are interested in the estate, if any".
15 Rule 64(1) is amended by adding the following after
clause (b):
(b.1) direct a person to file a reply, accompanied with an affidavit,
if evidence is to be submitted, or a demand for notice;
16 Rule 68 is amended by adding "or a document that is alleged
to be a testamentary document" after "production of a testamentary
document".
17 The following is added after rule 70:
Division 1.1
Applications under Various Acts
Applications under various Acts
70.1(1) An application for the purposes of
section 37, 38, 39(1),
40(1), any provision of
Part 5 or
section 109 of the Wills and
Succession Act must be commenced by filing Form C 1 accompanied
with an affidavit in Form C 2.
(2) An application for the purposes of
section 80.1 of the Family
Law Act may be commenced by filing Form C 1 accompanied with
an affidavit in Form C 2.
(3) Rule 75(3) and (4) apply to applications referred to in subrule
(1).
(4) For the purpose of establishing whether an application referred
to in subrule (1) was made within 6 months after the grant, the
relevant date is the date of filing of the Form C 1 under that subrule.
Powers of the court
70.2 For greater certainty, on an application under this Division the
powers of the court include those set out in rules 62, 64, 66, 68, 69,
70, 77(4) and 90.
Parties, etc.
70.3 Rules 56, 83, 85, 88 and 91 apply to applications under this
Division.
Service
70.4 Subject to
section 91 of the Wills and Succession Act, service
of an application under this Division must be made on the persons
listed in rule 57 who are interested in the estate and the application,
if any, or as otherwise directed by the court.
Notice
70.5 Notice of an application under this Division must be given to
the persons required to be served under rule 70.4 in accordance with
rule 61.
Rules that apply to service of documents
70.6 Rules 59 and 60 apply to the service of documents under this
Division.
Proceedings in chambers
70.7 Rule 63 applies to an application under this Division.
Witness fees
70.8 Any person who appears as a witness at a hearing under this
Division
(
a) is entitled to an allowance in accordance with
Schedule B,
Division 3 of the Alberta Rules of Court (AR 124/2010), and
(
b) may be given a preparation allowance and any additional
allowances in amounts specified by the court.
Disclosure of financial information in family
maintenance and support applications
70.9(1) Subject to subrule (3), a family member who receives a
request under
section 95(2) of the Wills and Succession Act from the
personal representative of the deceased's estate must provide the
personal representative with the following financial information:
(
a) an affidavit respecting the family member's income, assets
and liabilities, including
(
i) assets held jointly,
(ii) any property or benefit that the family member expects
or claims by reason of the deceased's death to receive
under the Matrimonial Property Act, the Dower Act,
Part 5, Division 2 of the Wills and Succession Act or
otherwise, and
(iii) any interest in an estate, whether vested or contingent;
(
b) a copy of every personal income tax return filed by the
family member for each of the 3 most recent taxation years
or, if a tax return has not been filed for the previous year, a
copy of the family member's T4, T4A and all other relevant
tax slips and statements disclosing any and all sources of
income for the previous year;
(
c) a copy of every notice of assessment or reassessment issued
to the family member for each of the 3 most recent taxation
years, or a copy of the Canada Revenue Agency printout of
the last 3 years' income tax returns;
(
d) if the family member is an employee, a copy of each of the
family member's 3 most recent statements of earnings
indicating total earnings paid in the year to date, including
overtime or, where such a statement is not provided by the
employer, a letter from the employer setting out that
information and the rate of annual salary or remuneration;
(
e) if the family member receives income from employment
insurance, social assistance, a pension, workers'
compensation, disability payments, dividends or any other
source, the most recent statement of income indicating the
total amount of income from the applicable source during the
current year or, if such a statement is not provided, a letter
from the appropriate authority stating the required
information;
(
f) if the family member is a student, a statement indicating the
total amount of student funding received during the current
academic year, including loans, grants, bursaries,
scholarships and living allowances;
(
g) if the family member is self-employed in an unincorporated
business,
(
i) particulars of every payment issued to the family
member during the 6 most recent weeks from any
business or corporation in which the family member has
an interest or to which the family member has rendered
a service,
(ii) the financial statements of the family member's
businesses or professional practices for the 3 most
recent taxation years, and
(iii) a statement showing a breakdown of all salaries, wages,
management fees or other payments or benefits paid to
the family member or to individuals or corporations
with whom the family member does not deal at arm's
length for the 3 most recent taxation years;
(
h) if the family member is a partner in a partnership,
confirmation of the family member's income and draw from,
and capital in, the partnership for its 3 most recent taxation
years;
(
i) if the family member has an interest of 1% or more in a
privately held corporation,
(
i) the financial statements of the corporation and any
subsidiaries of it for its 3 most recent taxation years,
(ii) a statement showing a breakdown of all salaries, wages,
management fees and other payments or benefits paid to
the family member, or to individuals or corporations
with whom the corporation, and every related
corporation, does not deal at arm's length for the 3 most
recent taxation years, and
(iii) a record showing the family member's shareholder's
loan transactions for the past 12 months;
(
j) if the family member is a beneficiary under a trust, a copy of
the trust settlement agreement and copies of the trust's 3
most recent financial statements;
(
k) copies of all bank account statements solely or jointly in the
family member's name for the past 6 months;
(
l) copies of credit card statements for all credit cards solely or
jointly in the family member's name for the past 3 months;
(
m) copies of the most recent statements for all RRSPs, TFSAs,
RRIFs, insurance policies, pensions, term deposit certificates,
guaranteed investment certificates, stock accounts, stock
options, including deferred compensation units, and other
investments or holdings in the family member's name or in
which the family member has an interest;
(
n) copies of any matrimonial property agreement, minutes of
settlement, judgments or orders the family member had with
the deceased relating to the division of property, spousal
support or child support obligations;
(
o) the family member's monthly budget of expenses.
(2) Subject to subrule (3), a personal representative of a deceased's
estate who receives a request under
section 95(2) of the Wills and
Succession Act from a family member must provide the family
member with the following financial information if it is or may
reasonably be expected to be in the possession of the personal
representative:
(
a) an inventory of property and debts in Form NC 7;
(
b) a description and appraisal or valuation of any property
owned by the deceased or in which the deceased had an
interest at the time of death;
(
c) a list of all bank accounts or other property held jointly by
the deceased at the time of death;
(
d) a list, including a statement of value, of all RRSPs, TFSAs,
RRIFs, insurance policies, pensions, term deposit certificates,
guaranteed investment certificates, stock accounts, stock
options, including deferred compensation units, and other
investments or holdings in the deceased's name at the time of
death, and the names of any designated beneficiaries in
relation to them;
(
e) if the deceased at the time of death was the beneficiary of a
trust or held a power of appointment over property, a
description of the property, its value and the disposition of
the property;
(
f) copies of any matrimonial property agreement and any
minutes of settlement, judgments or orders the deceased had
relating to the division of property or spousal support or child
support obligations;
(
g) a copy of all terminal tax returns for the deceased's estate;
(
h) a description of any other property in which the deceased had
an interest at the time of death.
(3) No document is required to be disclosed under subrule (1) or
(2) unless the document is relevant and material to the determination of
maintenance and support in the application.
(4) A person who has been requested to provide financial
information under
section 95 of the Wills and Succession Act must
do so within
(
a) one month if the person resides in Canada, or
(b) 2 months if the person resides in a country other than
Canada.
(5) An application under
section 95(4) or (5) of the Wills and
Succession Act may be made by filing and serving Forms C 1 and
C 2 in accordance with rules 60 and 61 on the person who was
requested to provide the financial information.
18 Rule 84(2)(
c) is amended by striking out "Wills Act" and
substituting "Wills and Succession Act".
Schedule 1,
Part 2, Table 1 is amended
(
a) in
section 3 by striking out "the Intestate Succession
Act" and substituting "Part 3 of the Wills and Succession
Act";
(
b) in
section 5(
f) by striking out "the Dependants Relief
Act" and substituting "Part 5, Division 2 of the Wills and
Succession Act";
(
c) by repealing
section 5(
g) and substituting the
following:
(
g) arranging for family members to receive notices under
Part 5, Division 2 of the Wills and Succession Act, if
necessary;
Schedule 3 is amended
(
a) in Form NC 2
(
i) by adding the following after item 4.2:
4.21 NC 20.1 Notice of void gift
(ii) by repealing items 4.5 and 4.6 and substituting
the following:
4.5 NC 23 Notice to spouse/adult interdependent partner of
deceased
Family Maintenance and Support
4.6 NC 24 Notice to a dependent child or minor grandchild or
great-grandchild of the deceased
Family Maintenance and Support
(iii) by adding the following after item 6:
7. The following special or unusual circumstances exist in relation to
this estate: ________________________________________.
(
b) by repealing Form NC 3 and substituting the
following:
NC 3
ESTATE NAME
DOCUMENT
Schedule 1: Deceased
Name
And any other name(
s) by
which known
Last residence address in full
Date of birth
Place of birth
Date of death
Place of death
Habitual province/state of
residence
The deceased died
Testate:
Intestate:
After a thorough search of all
likely places, no testamentary
paper of the deceased has
been found.
IMMEDIATE FAMILY
Indicate whether there are any persons in each of the following categories
of relationship to the deceased, and provide the indicated details.
SPOUSE
? Yes ? No
If yes, provide the following information about the spouse:
Name:
Complete address:
ADULT INTERDEPENDENT PARTNER
? Yes ? No
If yes, provide the following information about the adult interdependent
partner:
Name:
Complete address:
? the adult interdependent partner lived with the deceased in
a relationship of interdependence
? for a continuous period of not less than 3 years
commencing and ending
? of some permanence of which there is a child
? born
date
? adopted
date
? the adult interdependent partner entered into an adult
interdependent partner agreement with the deceased which
agreement is dated .
The adult interdependent partner
? is
? is not
related to the deceased by blood or adoption.
FORMER SPOUSE(S)
? Yes ? No
If yes, provide the following information about each former spouse:
Name:
Complete address:
Date of death (if applicable):
Date of divorce (if applicable):
CHILDREN
? Yes ? No
If yes, provide the following information about each child:
Name:
Complete address:
Age: Date of birth:
Date of death (if applicable):
Died leaving children:
At the time of the deceased's death, this child was:
? under 18 years of age;
? an adult who is unable to earn a livelihood by reason of
mental or physical disability;
? between the ages of 18 and 22 and unable to withdraw
from his or her parents' charge because he or she is a
full-time student. (Complete only if date of death is after
February 1, 2012.)
If there is a surviving spouse or adult interdependent partner, check one:
? All of the deceased's children are also children of the
deceased's surviving spouse or adult interdependent
partner.
? Some or all of the deceased's children are not children of
the deceased's surviving spouse or adult interdependent
partner (provide names).
GRANDCHILDREN OR GREAT-GRANDCHILDREN
(Complete the following
section relating to grandchildren or
great-grandchildren only if date of death is after February 1, 2012.)
Grandchildren or great-grandchildren of the deceased
(
a) who were under 18 years of age at the time of the deceased's death,
(
b) in respect of whom the deceased, during life, demonstrated a settled
intention to treat as his or her own child,
(
c) whose primary home, since birth or for at least 2 years immediately
before the grandparent's death, was with the grandparent, and
(
d) whose primary financial support, since birth or for at least 2 years
immediately before the grandparent's death, was provided by the
grandparent.
? Yes ? No
If yes, provide the following information about each grandchild or
great-grandchild:
Name:
Complete address:
Age: Date of birth:
(
c) by repealing Form NC 4 and substituting the
following:
NC 4
ESTATE NAME
DOCUMENT
Schedule 2: Will
Date of will:
Deceased's age at date of will:
Name of first witness:
Name of second witness:
(Complete this
section if the will was made before February 1, 2012:)
The deceased married or entered into an adult interdependent partner
agreement after the date the will was made and before February 1, 2012.
? Yes
? No
(Delete if resealing:) To the best of the personal representative's(
s) information and belief, this is the deceased's original last will.
(Delete if resealing:) The personal representative(
s) has (have) examined
the will and observes that
(
d) by repealing Form NC 6 and substituting the
following:
NC 6
ESTATE NAME
DOCUMENT
Schedule 4: Beneficiaries
(For each beneficiary, provide the following information.)
Name:
Relationship:
Complete address:
Age:
Nature of gift:
Paragraph number of will:
Section number (intestacy):
(indicate whether under the
Wills and Succession Act or
Intestate Succession Act)
Except as otherwise provided, all beneficiaries are mentally capable.
VOID GIFTS
? No void gifts.
(Complete this
section if the will of the deceased was made prior to
February 1, 2012:)
The gift to (beneficiary) is void because he or she: (check one)
? is a witness to the will.
? at the time the will was made was the spouse or adult interdependent
partner of a witness to the will.
(Complete this
section if the will of the deceased was made after February
1, 2012:)
The gift to (beneficiary) is void because he or she: (check one)
? is a witness to the will.
? at the time the will was made was the spouse or adult interdependent
partner of a witness to the will.
? signed the will on behalf of the deceased.
? at the time the will was made was the spouse or adult interdependent
partner of the person who signed the will on behalf of the deceased.
? was an interpreter who provided translation services in respect of the
making of the will.
? at the time the will was made was the spouse or adult interdependent
partner of the interpreter who provided translation services in respect of
the making of the will.
REVOKED GIFTS
? No revoked gifts.
? The gift to __________________ is revoked because the deceased and
__________________ were divorced on a date that occurred
(
a) after the will was made, and
(
b) on or after February 1, 2012.
? The gift to __________________ is revoked because the deceased and
__________________ ceased to be adult interdependent partners on a date
that occurred
(
a) after the will was made, and
(
b) on or after February 1, 2012.
(
e) in Form NC 7 by striking out "LAND AND
BUILDINGS" and substituting the following:
LAND AND BUILDINGS IN ALBERTA
Location of Property: (provide municipal address or, if none,
closest village, town or city).
Legal description of Property:
(
f) by adding the following after Form NC 20:
NC 20.1
ESTATE NAME
DOCUMENT Notice of void gift
To: (name)
Complete address:
You are named as a beneficiary in the last will of _______________. The
personal representative(
s) named in the will have applied for a grant of
probate or administration with will annexed, as applicable.
Choose one:
? Void residuary gift
Enclosed with this notice is a copy of the application for grant of
probate or administration with will annexed, as applicable. This
includes a copy of the will and a list of the estate property and debts.
The will states that you are to receive part of the residue of the estate.
? Void specific gift
The will states that you are to receive (specify gift) .
The gift made to you is void because: (check one)
? you are a witness to the will.
? at the time the will was made you were the spouse or adult
interdependent partner of a witness to the will.
? the will was made after February 1, 2012 and you signed the will on
behalf of the deceased.
? the will was made after February 1, 2012 and at the time the will was
made you were the spouse or adult interdependent partner of the person
who signed the will on behalf of the deceased.
? the will was made after February 1, 2012 and you were an interpreter
who provided translation services in respect of the making of the will.
? the will was made after February 1, 2012 and at the time the will was
made you were the spouse or adult interdependent partner of the interpreter
who provided translation services in respect of the making of the will.
When the court issues the grant, the personal representative(
s) will collect
the estate property, pay the debts, complete the administration of the estate
and anything else required of the personal representative(s). Then they will
be in a position to distribute the estate.
You may make an application to the court to validate the gift made to you.
There are some time requirements that must be met. You must begin any
application within 6 months after the date the court issues the grant of
probate or administration with will annexed, as applicable.
If you want to take this further, you must consult your own lawyer
immediately.
Personal representative Date:
Name:
Complete address:
Lawyer for personal representative Date:
Responsible lawyer:
Firm name:
Complete address: Phone no.:
Fax no.: File no.:
(
g) in Form NC 21 by striking out "the Intestate Succession
Act" and substituting "Part 3 of the Wills and Succession
Act";
(
h) in Form NC 22 by striking out "issued" and
substituting "issues";
(
i) in Form NC 23
(
i) immediately under the title "Notice to
spouse/adult interdependent partner of deceased" by
striking out "Dependants R