Alberta Gazette — 14 July 2012 (Part II)
14 July 2012
Alberta — Gazette
Alberta Regulation 105/2012
Business Corporations Act
BUSINESS CORPORATIONS AMENDMENT REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 194/2012)
on June 21, 2012 pursuant to
section 293.3 of the Business Corporations Act.
1 The Business Corporations Regulation (AR 118/2000) is
amended by this Regulation.
Section 28 is amended by adding the following after
clause (d):
(d.1) "home registrar" means the designated extra-provincial
registrar of the home jurisdiction of a designated
extra-provincial corporation;
Section 29 is amended
(
a) by repealing subsection (1) and substituting the
following:
Designations
29(1) The Registrar of Companies appointed under the
Business Corporations Act, SBC 2002, c.57 and the Director
of Corporations appointed under The Business Corporations
Act, RSS 1978, c.B-10 are designated as an extra-provincial
registrar to which this Regulation applies.
(
b) in subsection (2) by adding "or corporations as defined
in The Business Corporations Act, RSS 1978, c.B-10" after
"the Business Corporations Act, SBC 2002, c.57".
Section 35(2) is amended
(
a) in clause (
a) by striking out "designated extra-provincial
registrar" and substituting "home registrar";
(
b) by adding the following after clause (b)(iii):
(iii.1) a statement identifying the home jurisdiction of the
extra-provincial corporation;
(
c) in clause (b)(iv) by striking out ", firm name".
Section 38(2)(
a) is amended by striking out "designated
extra-provincial registrar" and substituting "home registrar".
Section 39(2)(
a) is amended by striking out "designated
extra-provincial registrar" and substituting "home registrar".
Section 40(2)(
a) is amended by striking out "designated
extra-provincial registrar" and substituting "home registrar".
8 The following is added after
section 40:
Designated extra-provincial corporation
continuing into a new home jurisdiction
40.1(1) If a registered designated extra-provincial corporation
changes its home jurisdiction and is continued into the jurisdiction of
a new designated extra-provincial registrar, it shall, within one
month after the effective date of the change, give notice of the
change to the Registrar.
(2) The notice referred to in subsection (1) must
(
a) be submitted to the new home registrar of the corporation,
(
b) identify the new home jurisdiction,
(
c) indicate any name change related to the continuation of the
corporation in accordance with
section 38(2), and
(
d) provide the information required by
section 40 regarding any
change of head office related to the continuation of the
corporation.
(3) If the Registrar is satisfied that all of the information and
documents necessary for a registered designated extra-provincial
corporation to file its change of home jurisdiction into the
jurisdiction of a designated extra-provincial registrar have been
received in the form specified in the applicable agreement, the
Registrar shall file the information and documents.
Registered extra-provincial corporation
continued into the jurisdiction of a
designated extra-provincial registrar
40.2(1) If a registered extra-provincial corporation is continued into
the jurisdiction of a designated extra-provincial registrar, it shall,
within one month after the effective date of the change, give notice
of the change to the Registrar.
(2) The notice referred to in subsection (1) must
(
a) be submitted to the new home registrar of the designated
extra-provincial corporation,
(
b) identify the new home jurisdiction,
(
c) indicate any name change related to the continuation of the
corporation in accordance with
section 38(2), and
(
d) provide the information required by
section 40 regarding any
change of head office related to the continuation of the
corporation.
(3) If the Registrar is satisfied that all of the information and
documents necessary for a registered extra-provincial corporation to
file its change of jurisdiction into the jurisdiction of a designated
extra-provincial registrar have been received in the form specified in
the applicable agreement, the Registrar shall file the information and
documents.
Designated extra-provincial corporation continuing into Alberta
40.3 If a designated extra-provincial corporation changes its home
jurisdiction and is continued into Alberta, the Registrar shall
forthwith give notice to the former home registrar in the manner
specified in the applicable agreement.
Section 41 is amended
(
a) in subsection (2) by striking out ", firm name";
(
b) in subsection (4)(
a) by striking out "designated
extra-provincial registrar" and substituting "home
registrar";
(
c) in subsection 4(
b) by striking out ", firm name".
Section 42(2) is amended
(
a) by adding the following after clause (b)(iii):
(iii.1) a statement identifying the home jurisdiction of the
extra-provincial corporation;
(
b) in clause (b)(iv) by striking out ", firm name".
Section 43(2)(
a) is amended by striking out "designated
extra-provincial registrar" and substituting "home registrar".
Section 44(1) is amended
(
a) by repealing clause (b);
(
b) by striking out "or" at the end of clause (c), adding
"or" at the end of clause (
d) and adding the
following after clause (d):
(
e) has otherwise ceased to be a designated extra-provincial
corporation.
Section 46 is repealed.
Section 47 is amended by striking out "or of an
extra-provincial corporation under
section 46".
Section 55 is amended by adding "188(6)," before "280".
Section 56 is amended by striking out "June 30, 2015"
and substituting "June 30, 2017".
17 This regulation comes into force on July 1, 2012.
--------------------------------
Alberta Regulation 106/2012
Garage Keepers' Lien Act
GARAGE KEEPERS' FORM AMENDMENT REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 195/2012)
on June 21, 2012 pursuant to
section 11 of the Garage Keepers' Lien Act.
1 The Garage Keepers' Form Regulation (AR 259/2002) is
amended by this Regulation.
Section 3 is amended by striking out "June 30, 2012" and
substituting "June 30, 2015".
Alberta Regulation 107/2012
Personal Property Security Act
PERSONAL PROPERTY SECURITY AMENDMENT REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 196/2012)
on June 21, 2012 pursuant to
section 73 of the Personal Property Security Act.
1 The Personal Property Security Regulation (AR 95/2001)
is amended by this Regulation.
Section 70 is amended by striking out "November 30, 2012"
and substituting "November 30, 2015".
--------------------------------
Alberta Regulation 108/2012
Personal Property Security Act
PERSONAL PROPERTY SECURITY FORMS AMENDMENT REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 197/2012)
on June 21, 2012 pursuant to
section 73 of the Personal Property Security Act.
1 The Personal Property Security Forms Regulation
(AR 231/2002) is amended by this Regulation.
Section 3 is amended by striking out "June 30, 2012" and
substituting "November 30, 2015".
--------------------------------
Alberta Regulation 109/2012
Civil Enforcement Act
CIVIL ENFORCEMENT AMENDMENT REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 202/2012)
on June 21, 2012 pursuant to
section 106 of the Civil Enforcement Act.
1 The Civil Enforcement Regulation (AR 276/95) is
amended by this Regulation.
Section 35.28(3)(
a) is amended by striking out "one year"
and substituting "2 years".
Schedule 4 is amended
(
a) by repealing Form 10 and substituting the
following:
Form 10
Financing Statement Writ of Enforcement
Civil Enforcement Act
Court Location
Court File Number
Type of Judgment
Crown ? Employment Standards ? Other ?
This writ authorizes enforcement proceedings in accordance with the Civil
Enforcement Act. The particulars of the writ are as follows:
DEBTOR Individual ? ___Male Other ? Occupation
___Female Date of Birth (yyyy/mm/dd)
Business Name or Last Name First Name Middle Name
Address City Province Postal Code
CREDITOR Individual ? Other ? P.P.R. Party Code
Business Name or Last Name First Name Middle Name
Address City Province Postal Code
? Additional debtors and creditors and/or other information listed on attached
addendum.
? If claiming priority based on an attachment order or partial assignment,
indicate previous P.P.R. registration number:
Date of judgment (or date judgment effective, if different) (date)
Amount of original judgment $
Post-judgment interest $
Costs $
Current Amount Owing $
SOLICITOR/AGENT/CREDITOR P.P.R. Party Code
Name in Full
Address City Province Postal Code
Area Code and Telephone Number Fax Number Call Box Number Your Reference Number
To register against Serial Number Goods at Personal Property Registry, complete
the following:
Serial Number (only applicable
to serial number goods, e.g.
motor vehicles)
Year
Make and Model
Category
Authorized Signature
Print Name
Control Number Page of
(
b) by repealing Form 11 and substituting the
following:
Form 11
QB Court File Number
Court of Queen's Bench of Alberta
Judicial Centre
CREDITOR
Address and Postal Code of Creditor
Creditor's Telephone/Fax Numbers
DEBTOR
Address and Postal Code of Debtor
Debtor's Telephone/Fax Numbers
GARNISHEE
Address and Postal Code of Garnishee
Garnishee's Telephone/Fax Numbers
FILED BY
Address and Postal Code of Filing Party
Filing Party's Telephone/Fax Numbers
Filing Party's File Number
Document Garnishee Summons
? before judgment ? after judgment
This Garnishee Summons is issued on
(date) for $ (total amount)
(The Creditor may adjust the amount by serving a Notice on the
Garnishee).
The creditor intends to garnish the debtor's
? employment earnings
? deposit accounts
? money owing from other sources
The judgment is for alimony or maintenance. ?
When employment earnings are garnished for alimony or maintenance,
Maintenance Enforcement Act employment exemptions apply. Refer
to the Maintenance Enforcement Regulation (AR 2/86) for more
information.
This summons expires 1. in the case of a deposit account, 60 days
from the date it was issued, unless it is a
joint account, in which case this is a
one-time obligation, and
2. in all other cases, 2 years from the date it
was issued, unless it has been renewed.
Supporting Affidavit QB Court File Number________
1. I am the Creditor or an agent/lawyer for the Creditor.
2. According to the Judgment or Attachment Order, a Writ of
Enforcement or Attachment Order has/has not been registered at
the Personal Property Registry.
3. I believe that the proposed Garnishee owes the Debtor money
now or will owe the Debtor money in the future.
4. The proposed Garnishee is in Alberta, or does business in Alberta
notwithstanding that its payroll office is outside Alberta.
Signature of Creditor or Agent/Lawyer
Occupation
Printed Name of Creditor or Agent/Lawyer
Sworn/Affirmed in (Town or City) , Alberta on
(Date) , 20 .
Commissioner for Oaths/Notary Public in and for the Province of
Alberta
Commissioner's Name and Commission's Expiry Date
(please print)
To the Clerk
The Creditor has a Judgment/Attachment Order against the Debtor,
and a Writ of Enforcement/Attachment Order has been registered at
Personal Property Registry
as (11-digit P.P.R. Registration Number)
The amount specified in the Writ of
Enforcement/Attachment Order is $
of which the present balance owing is $
plus related writs (according to the
attached search results) $
plus probable costs $
Total $
Certificate of Service on the Debtor/Joint Obligee
Garnishee (print name of Garnishee)
I, (print name of person who served the Garnishee Summons)
am the ? Garnishee/Agent for the Garnishee
? Creditor/Agent for the Creditor
I certify that on (Date of service of Garnishee Summons)
I served (Name of Debtor/Joint Obligee who was served)
? personally
? by ordinary mail
with a true copy of the Garnishee Summons according to the Civil
Enforcement Act.
Note: Only the Garnishee may serve a Garnishee Summons on a
Debtor/Joint Obligee by ordinary mail unless otherwise ordered by the
Court.
Dated: , 20 .
Signature of person who served the summons
(If there is more than one Debtor/Joint Obligee, please complete an
additional Certificate of Service for each Debtor/Joint Obligee who
was served.)
Instructions for Garnishee
These instructions will help you to comply with the Garnishee
Summons. They are taken from the following pieces of legislation:
Civil Enforcement Act, RSA 2000 cC-15
Civil Enforcement Regulation (AR 276/95)
Make cheques payable to the Minister of Finance and send, along with
the required documents, to:
Future payments to the court clerk under this Garnishee Summons
should be accompanied by a copy of the first page of this Garnishee
Summons and an accounting.
Garnishee
summons
(which does not
attach
employment
earnings)
Within 15 days of being served with the garnishee
summons in triplicate with a $25 compensation
fee, you must do the following:
1. Serve a copy of the garnishee summons on
the debtor (personally or by ordinary mail).
2. Deliver to the court clerk a garnishee's
response. See below for what this must
contain.
3. Pay to the court clerk the lesser of
(
a) the amount indicated on the first page
of the garnishee summons, or
(
b) the amount payable by you to the
debtor according to your obligation to
the debtor,
minus $10 as a garnishee compensation.
Where the garnishee summons seeks to affect
a joint entitlement, you must pay to the court
clerk, unless a court orders otherwise, an
amount equal to the total amount of the fund
divided equally amongst all the people with
the joint entitlement. A garnishee summons
that seeks to attach a joint deposit account
only attaches a current obligation as defined
in the Civil Enforcement Act.
Garnishee
summons
(which does not
attach
employment
earnings)
continued
The garnishee's response must contain as much of
the following as is applicable:
1. (
a) a Certificate of Service on the Debtor
(found on the second page of this
document) stating that you have
delivered a copy of the garnishee
summons to the debtor, or
(
b) a statement setting out why you could
not serve the garnishee summons on the
debtor.
Note: Send the original certificate of
service to the court clerk.
2. The amount that you owe under your
obligation to the debtor.
3. The amount that you are paying to the court
clerk.
4. If you don't think that you have an obligation
to pay the debtor that can be affected by the
garnishee summons, please explain why.
5. If you believe that the obligation that the
garnishee summons is trying to affect is (or
may be) owed to someone other than the
debtor, give the reasons for your belief and
the name and address of that other person.
6. If you have already received another
garnishee summons regarding the same
obligation and that garnishee summons is still
in effect, let the court clerk's office know in
writing and give the court file number of the
other garnishee summons. The court file
number is on the front page of the garnishee
summons.
7. Where the garnishee summons seeks to affect
a joint entitlement, the garnishee's response
must contain the name of each person who
has the joint obligation with the debtor and
either
(
a) the address of each person who has the
joint obligation with the debtor, or
(
b) a completed certificate of service
(found on the second page of this
document) stating that you have served
a copy of this garnishee summons on
each person who has the joint
obligation with the debtor.
Note: If it is a joint account, it is a one-time
obligation.
8. Where the garnishee summons has attached a
future obligation, that is, there is an amount
that you must pay the debtor in the future, the
garnishee's response must contain the
following, if known:
(
a) the date or dates on which the future
obligation, or any part of it, is expected
to become payable;
(
b) the amount expected to be payable on
each date set out above;
(
c) any conditions that must be met before
the future obligation will become
payable.
When the future obligation becomes payable,
the garnishee's response must set out
(
a) the amount that is now payable, and
(
b) the amount that you are paying to the
court clerk.
Garnishee
summons
(which attaches
employment
earnings)
Within 15 days of being served with the garnishee
summons in triplicate with a $25 compensation
fee, you must do the following:
1. Serve a copy of the garnishee summons on
the debtor (personally or by ordinary mail).
2. Deliver to the court clerk a garnishee's
response. See below for what this must
contain.
3. Within 5 days after the end of the debtor's
last pay period for months affected by the
garnishee summons, pay to the court clerk
the debtor's net pay less
(
a) the debtor's employment earnings
exemption (see employment earnings
exemptions listed below), and
(b) $10 as a garnishee compensation.
Net pay means the debtor's total earnings minus
any amounts you are required to deduct for
income tax, Canada Pension Plan contributions
and employment insurance premiums. Any other
deductions are taken from the debtor's exemption.
The garnishee's response must contain as much of
the following as applicable:
1. Whether or not you employ the debtor.
2. How often you pay the debtor.
3. Either
(
a) a certificate of service on the debtor
(found on the second page of this
document) stating that you have
delivered a copy of the garnishee
summons to the debtor, or
(
b) a statement setting out why you could
not serve the garnishee summons on the
debtor.
Note: Send the original certificate of
service to the court clerk.
4. If you have already received another
garnishee summons against the debtor's
employment earnings and that garnishee
summons is still in effect, let the court clerk's
office know in writing and give the court file
number of the other garnishee summons. The
court file number is on the front page of the
garnishee summons.
At the end of the debtor's last pay period for each
month during which the garnishee summons is in
effect, you must deliver to the court clerk a
written statement setting out:
1. The debtor's total employment earnings for
the pay periods that ended during the month.
2. The amounts deducted from the total
earnings to calculate the debtor's net pay for
the month.
3. The number of the debtor's dependants.
Employment
earnings
exemptions
Calculate the debtor's monthly employment
earnings exemptions by adding together
(
a) the debtor's minimum exemption, and
(
b) half of the amount by which the
debtor's net pay exceeds this minimum
exemption.
For a debtor with no dependants, the minimum
employment earnings exemption is $800 and the
maximum is $2400. The minimum and maximum
employment earnings exemptions increase by
$200 for each dependant.
A dependant is:
1. A person identified as a dependant by Court
order.
2. The spouse or adult interdependent partner of
the debtor.
3. Any child of the debtor under 18 years of age
who lives with the debtor.
4. Any relative of the debtor (or of the debtor's
spouse/adult interdependent partner) who
lives with the debtor and, because of mental
or physical infirmity, depends financially on
the debtor.
You are entitled to rely on, and act in accordance
with, the debtor's written statement of the number
of dependants he or she has.
You can get a worksheet from the court clerk's
office to help you calculate the debtor's
employment earnings exemption.
When employment earnings are garnished for
alimony or maintenance, employment exemptions
under the Maintenance Enforcement Act apply.
Refer to the Maintenance Enforcement
Regulation (AR 2/86) for more information.
If you pay the debtor's salary/wage more often
than monthly, you can pay the court clerk at the
end of each pay period instead of at the end of
each month.
In this case, calculate the minimum and maximum
employment exemptions for each pay period as
follows:
1. Multiply the monthly exemption by the
number of days in the pay period.
2. Divide this number by 30.
(
c) by repealing Form 12 and substituting the
following:
Form 12
QB Court File Number
Court of Queen's Bench of Alberta
Judicial Centre
CREDITOR
Address and Postal Code of Creditor
Creditor's Telephone/Fax Numbers
DEBTOR
Address and Postal Code of Debtor
Debtor's Telephone/Fax Numbers
GARNISHEE
Address and Postal Code of Garnishee
Garnishee's Telephone/Fax Numbers
FILED BY
Address and Postal Code of Filing Party
Filing Party's Telephone/Fax Numbers
Document Garnishee Summons Renewal Statement
TO THE ABOVE-NAMED GARNISHEE:
The Garnishee Summons in QB Court File number
issued on involving the above-noted parties expires on
. An Attachment Order/Writ of Enforcement has been
registered at the Personal Property Registry as Registration Number .
This Renewal Statement renews the Garnishee Summons for 2
years from the date the expiring Garnishee Summons expires. The
updated amounts owing are as follows:
Balance owing is $
Plus related writs in effect against the
debtor (as per attached search results) $
Plus probable costs $
Total $
Any subsequent money paid into Court pursuant to this Garnishee
Summons Renewal Statement should be accompanied by an
accounting and a copy of the Garnishee Summons Renewal Statement.
Within 15 days of receiving this Garnishee Summons Renewal
Statement, you must update the status of any contingency referred to in
your response to the expiring Garnishee Summons.
Make cheques payable to The Minister of Finance and send to the
court clerk of the Court of Queen's Bench at: .
4 This Regulation comes into force on the coming into
force of
section 3 of the Justice and Court Statutes
Amendment Act, 2011.
--------------------------------
Alberta Regulation 110/2012
Justice of the Peace Act
JUSTICE OF THE PEACE AND RELATED REGULATIONS
AMENDMENT REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 203/2012)
on June 21, 2012 pursuant to
section 15 of the Justice of the Peace Act.
Part 1
Justice of the
Peace Regulation
1 The Justice of the Peace Regulation (AR 6/99) is
amended by this Part.
Section 1(a.1) and (
b) are amended by adding "as that
subsection read immediately before the commencement of
section
8(3)(
b) of the Justice and Court Statutes Amendment Act, 2011" after
"Act".
Section 2 is repealed and the following is substituted:
Duty roster
2(1) The Chief Judge, or a judge within the meaning of
section 1(
b) of the Provincial Court Act to whom the Chief Judge has delegated
the power, may establish duty rosters for justices of the peace, which
duty rosters may include evening and weekend assignments.
(2) The duties of justices of the peace must be performed in
accordance with the appropriate duty roster established under
subsection (1).
Designation as part-time justice of the peace
2.1(1) Where a person referred to in
section 4(4) of the Act whose
term of appointment as a justice of the peace has not yet expired
applies in writing to the Chief Judge under that subsection to have
the remaining term of that appointment designated as part-time, the
Chief Judge may request the Lieutenant Governor in Council to
designate the remaining term of that appointment as part-time if the
conditions in subsection (2) are met.
(2) The request to the Lieutenant Governor in Council may be made
only if
(
a) the Chief Judge considers that the designation will enhance
the efficient and effective administration of the Court, and
(
b) the request is made in accordance with and subject to the
criteria established by the Chief Judge and approved by the
Judicial Council.
(3) The Lieutenant Governor in Council shall designate the
remaining term of the appointment for the justice of the peace as
part-time if satisfied that subsections (1) and (2) are or have been
met.
Designation as full-time justice of the peace
2.2(1) Where a person referred to in
section 4(4.1) of the Act
whose term of appointment as a justice of the peace has not yet
expired applies in writing to the Chief Judge under that subsection to
have the remaining term of that appointment designated as full-time,
the Chief Judge may request the Lieutenant Governor in Council to
designate the remaining term of that appointment as full-time if the
conditions in subsection (2) are met.
(2) The request to the Lieutenant Governor in Council may be made
only if
(
a) a vacancy exists for a full-time justice of the peace,
(
b) the Chief Judge considers that the designation will enhance
the efficient and effective administration of the Court, and
(
c) the request is made in accordance with and subject to the
criteria established by the Chief Judge and approved by the
Judicial Council.
(3) The Lieutenant Governor in Council shall designate the
remaining term of the appointment for the justice of the peace as
full-time if satisfied that subsections (1) and (2) are or have been
met.
Section 3 is amended
(
a) in subsection (1)
(
i) by striking out "sitting justice" and substituting
"justice of the peace";
(ii) by adding the following before clause (x):
(w.1) the Tobacco Reduction Act;
(iii) in clause (ee) by adding "or to contraventions that
relate to self-exclusion programs within the meaning of
section 34.2(4) of the Gaming and Liquor Regulation
(AR 143/96) after "matters";
(
b) in subsection (2) by striking out "sitting justice" and
substituting "justice of the peace".
Section 4(1)(
a) is amended by striking out ", sitting justice
or presiding" and substituting "or a".
Section 9.1 is repealed.
Schedule 1,
section 5(4) is amended by striking out
"monthly absence report" and substituting "periodic reporting of
absences".
Schedule 2 is amended
(
a) in clause (
b) by striking out ", sitting justice or
presiding" and substituting "or";
(
b) in clause (
c) by striking out "sitting".
Part 2
Constitutional Notice Regulation
9 The Constitutional Notice Regulation (AR 102/99) is
amended by this Part.
Section 1(6) is amended
(
a) by striking out "sitting justice" wherever it occurs and
substituting "justice of the peace";
(
b) by adding "notwithstanding
section 3(2) of the Justice of
the Peace Regulation (AR 6/99)" before "or may".
Part 3
Court Forms and Procedures Regulation
11 The Court Forms and Procedures Regulation (AR 7/99)
is amended by this Part.
Section 7 is repealed.
13 The signature lines at the end of Form 2 and in Form 6
are amended by striking out "Presiding".
Part 4
Commencement
14 This Regulation comes into force on the
commencement of
section 8 of the Justice and Court
Statutes Amendment Act, 2011.
Alberta Regulation 111/2012
Judicature Act
JUSTICES OF THE PEACE 2009 COMPENSATION
COMMISSION REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 204/2012)
on June 21, 2012 pursuant to
section 42 of the Judicature Act.
Table of Contents
Definitions
2 Continuation of 2009 Commission
3 Composition, etc., of Commission
4 Role of Commission
5 Commission expenses
6 Presentation of report to Minister and Society
7 Amendment of report
8 Lieutenant Governor in Council's decision on the report
9 Effect of recommendations on Crown
10 Public notice of inquiry
11 Pre-inquiry meeting
12 Inquiry procedure
13 Criteria for recommendations
14 Voluntary meetings
15 Communication of proposed compensation changes
16 Society's costs of making submissions
17 Judicial review
18 Service of notices
19 Repeal
20 Expiry
21 Commencement
Definitions
1 In this Regulation,
(a) "Commission" means the 2009 Alberta Justices of the Peace
Compensation Commission continued by
section 2 and
"commissioner" means a member of the Commission;
(b) "compensation" means remuneration and benefits;
(c) "inquiry" means the inquiry referred to in
section 4(1);
(d) "justices" means persons appointed (including reappointed)
as justices of the peace under the Justice of the Peace Act
other than those designated as non-presiding justices of the
peace under
section 5 of that Act;
(e) "reasons" means a written explanation that meets the
justification standard under the Constitution of Canada used
to evaluate decisions of a government to depart from a
recommendation of an independent body regarding judicial
compensation;
(f) "recommendations" means the recommendations referred to
section 4(2);
(g) "Society" means The Society of the Justices of the Peace in
Alberta;
(h) "the Minister" means the Minister of Justice and Solicitor
General;
(i) "the report" means the report of the Commission presented or
to be presented under
section 6 except that, if an amended
report is or is to be presented under
section 7(2), it means
that amended report.
Continuation of 2009 Commission
2 The 2009 Alberta Justices of the Peace Compensation Commission
established by
section 2(1) of the Justices of the Peace Compensation
Commission Establishment Regulation (AR 74/2009) is continued.
Composition, etc., of Commission
3(1) The Commission is to consist of
(
a) one commissioner appointed by the Minister,
(
b) one commissioner appointed by the Minister on the
nomination of the Society, and
(
c) one commissioner appointed by the Minister on the
nomination of the commissioners appointed under clauses (
a) and (b).
(2) The commissioner appointed under subsection (1)(
c) is to be the
chair of the Commission.
(3) If a commissioner dies, resigns or is unable or unwilling to
discharge his or her responsibilities, the Minister shall appoint a
replacement, which appointment, in the case of subsection (1)(
b) or
(c), is to be made only after receiving the applicable nomination.
(4) Subject to subsection (5),
(
a) active judges,
(
b) justices,
(
c) members of the Legislative Assembly,
(
d) members of boards, commissions and other bodies appointed
by the Lieutenant Governor in Council or by any minister of
the Crown,
(
e) other persons who hold office by way of an appointment by
the Lieutenant Governor in Council or by a minister, and
(
f) employees within the meaning of the Public Service Act
may not be commissioners.
(5) A person referred to in subsection (4)(d), (
e) or (
f) may be a
commissioner referred to in subsection (1)(
b) or (c).
Role of Commission
4(1) The Commission shall conduct an inquiry respecting the
appropriate level of compensation for full-time, part-time and ad hoc
justices with a view to preparing the report.
(2) The Commission shall, in the report, make recommendations
respecting the compensation of the justices for the period April 1, 2008
to March 31, 2013, the effective date of the recommendations, unless
otherwise stated, being April 1, 2008.
(3) The Commission shall determine issues relating to compensation
of justices independently, effectively and objectively.
(4) The Commission shall contribute to maintaining and enhancing the
independence of the justices through the inquiry process and the report.
Commission expenses
5(1) The Crown shall pay the Commission all reasonable expenses
incurred by the Commission in conducting an inquiry and preparing a
report under this Regulation.
(2) A commissioner is entitled to compensation and reimbursement
for expenses as determined by the Minister.
Presentation of report to Minister and Society
6 The Commission shall present its report or its initial report,
containing its recommendations, to the Minister and the Society on the
date determined by the Minister and previously notified to the
Commission.
Amendment of report
7(1) The Commission may amend a report presented under
section 6
after reviewing any submissions made by the Minister and the Society
(
a) the Commission is satisfied that that report
(
i) failed to deal with an issue raised during the inquiry, or
(ii) contains an obvious error,
and
(
b) the Minister or the Society requests that the Commission
amend that report within 30 days after receiving that report
under
section 6.
(2) Within 30 days after receiving a request under subsection (1)(b),
the Commission shall either present an amended report to the Minister
and the Society or inform them that there will be no amended report.
(3) An amended report under subsection (2) may differ from the report
presented under
section 6 only so far as is necessary to deal with the
matters referred to in subsection (1)(a).
(4) Nothing requires the Minister or the Society to make a request
under subsection (1)(b).
Lieutenant Governor in Council's decision on the report
8(1) On receiving the report, the Minister shall present it to the
Lieutenant Governor in Council in adequate time for subsection (2) to
be met.
(2) Within 120 days after the presentation of the report under
section 6
or, where that report is amended under
section 7, that amended report,
the Lieutenant Governor in Council shall decide on the
recommendations made by the Commission and, if any of them are not
accepted, provide reasons for the non-acceptance.
Effect of recommendations on Crown
9(1) Subject to subsection (2), a recommendation made by the
Commission is binding on the Crown.
(2) A recommendation made by the Commission is not binding on the
Crown if or to the extent that
(
a) it is not accepted, with reasons given, by the Lieutenant
Governor in Council, and
(
b) those reasons, with the decision, are delivered to the Society
within 120 days after the presentation to the Minister of the
report containing the recommendation.
Public notice of inquiry
10 The Commission shall give such public notice as it considers
necessary of the commencement of its inquiry and of the closing date
for written submissions.
Pre-inquiry meeting
11 At the earliest reasonable opportunity before the commencement
of the inquiry, the Minister and the Society shall meet with the
Commission to address any preliminary matters that may arise and any
other matters that the Commission considers advisable.
Inquiry procedure
12(1) Subject to this section, the Commission may determine its own
inquiry procedure.
(2) Section 17(2)(
a) and (
c) of the
Interpretation Act do not apply.
(3) The full membership of 3 commissioners provided for in
section
3(1) constitutes the quorum at a meeting of the Commission.
(4) The Minister and the Society shall make every endeavour to arrive
at an agreed statement of facts and an agreed list of exhibits to be filed
and, to the extent that they have been able to agree them, shall provide
them to the Commission.
(5) The Commission may record any inquiry proceedings and, if it
does, shall provide transcripts to those who request them and pay the
fee required by the Commission.
(6) The Commission may accept such evidence as is relevant to the
determination of the issues and is not required to adhere to the rules of
evidence applicable to courts of civil or criminal jurisdiction.
(7) Any member of the public is entitled to attend the inquiry
proceedings and, subject to
section 10, to make written submissions to
the Commission.
(8) The Commission may
(
a) grant leave to any member of the public to make oral
submissions, or
(
b) notwithstanding
section 10, limit to written submissions any
submission from an individual justice,
after hearing submissions made by the Minister and the Society on
whether or not to do so.
(9) The Commission may require the attendance of any person who
has filed written submissions and may require that person to respond to
any questions from either the Minister or the Society, or both, as well
as from the Commission, and if the person fails to appear or to respond
to any of those questions, the Commission may ignore those written
submissions.
(10) The Commission may, on application, direct the Minister or the
Society, or both, to produce any documents that are not subject to
privilege.
(11) The testimony of witnesses must be under oath or affirmation.
(12) The Commission may not award costs for written submissions
but may award the reasonable travel, accommodation and meal
expenses of anyone required by the Commission to attend.
(13) Any person requesting copies of any written submissions to the
Commission is entitled to receive a copy of the submissions on
payment of such reasonable fee as the Commission decides.
(14) The recommendations must be based solely on the evidence
submitted to the Commission.
(15) If the Commission makes any recommendation by a simple
majority on any matter, the commissioner in the minority may make a
minority recommendation on that matter.
Criteria for recommendations
13 The Commission, in making the recommendations, shall consider
the following criteria:
(
a) the constitutional law of Canada;
(
b) the need to maintain the independence of the justices;
(
c) the unique nature of the role of justices;
(
d) the need to attract qualified applicants;
(
e) the compensation other justices of the peace in Canada
receive;
(
f) the growth or decline, or both, in real per capita income;
(
g) the need to provide fair and reasonable compensation for
justices in light of prevailing economic conditions in Alberta
and the overall state of the economy, including the financial
position of the Government;
(
h) the Alberta cost of living index and the position of the
justices relative to its increases or decreases, or both;
(
i) the nature of the jurisdiction of justices;
(
j) the level of increases or decreases, or both, provided to other
programs and persons funded by the Government;
(
k) any other factors considered by the Commission to be
relevant to the matters in issue.
Voluntary meetings
14 The Minister and the Society may meet at any time to discuss
improvements to the Commission inquiry process.
Communication of proposed compensation changes
15(1) The Minister shall, within 14 days after the Lieutenant
Governor in Council makes any decision under
section 8(2) that will
result in any changes in the justices' compensation from what the
Commission has recommended, notify the Society of those changes in
writing.
(2) The Society shall, forthwith after receiving the notice, inform the
justices of the changes.
(3) The Minister shall, as soon as practicable, provide the Society with
a copy of the legislation implementing the changes and the Society
shall provide the justices with copies of it forthwith after receiving the
legislation.
Society's costs of making submissions
16(1) The Crown shall pay two-thirds of the reasonable costs incurred
by the Society in making its submissions to the Commission, to a
maximum of $125 000.
(2) If the Crown and the Society cannot agree on what constitutes
reasonable costs for the purposes of subsection (1), then, on the
application of either, those costs, including lawyers' charges and other
costs of the proceedings, may be reviewed by a review officer, in
which case Rule 10.46 of the Alberta Rules of Court (AR 124/2010)
applies.
Judicial review
17(1) If
(
a) the Lieutenant Governor in Council decides, with reasons,
not to accept any of the recommendations in whole or in part,
(
b) the Society or any justice brings an application for judicial
review of that decision, and
(
c) that application is successful,
the Court may not make the report binding on the Crown but may refer
the report to the Lieutenant Governor in Council or to the Commission
for a reconsideration.
(2) If the Court makes the reference under subsection (1), the
Lieutenant Governor in Council or the Commission, as the case may
be, has 120 days from the day that the application was granted to
reconsider the recommendations in accordance with the directions, if
any, of the Court.
Service of notices
18(1) A notice that is required by this Regulation to be given to the
Minister must be given
(
a) by leaving a written copy of the notice at the legislative
office of the Minister, or
(
b) by service on counsel as provided for in the Alberta Rules of
Court (AR 124/2010), if the Minister has given notice in
writing of the appointment of counsel.
(2) A notice that is required by this Regulation to be given to the
Society must be given
(
a) by leaving a written copy of the notice at its registered office,
(
b) by service on its counsel as provided for in the Alberta Rules
of Court (AR 124/2010), if the Society has given notice in
writing of the appointment of its counsel.
(3) Notwithstanding anything in this section, a document may be
served, for the purposes of this Regulation, in accordance with any
manner agreed in writing by the Minister and the Society with respect
to such a document.
Repeal
19 The Justices of the Peace Compensation Commission
Establishment Regulation (AR 74/2009), excepting
section 2(1), is
repealed with effect from March 20, 2009, and
section 2(1) is repealed
on the enactment of this Regulation.
Expiry
20 This Regulation expires on March 31, 2015.
Commencement
21 Subject to
section 19, this Regulation is deemed to have come into
force on April 1, 2008.
--------------------------------
Alberta Regulation 112/2012
Emergency Management Act
GOVERNMENT EMERGENCY MANAGEMENT
AMENDMENT REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 208/2012)
on June 21, 2012 pursuant to
section 6 of the Emergency Management Act.
1 The Government Emergency Management Regulation
(AR 248/2007) is amended by this Regulation.
Section 6 is amended by striking out "November 30, 2012"
and substituting "November 30, 2017".
Alberta Regulation 113/2012
Municipal Government Act
SUPERNET ASSESSMENT REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 213/2012)
on June 21, 2012 pursuant to
section 603 of the Municipal Government Act.
Table of Contents
Definitions
2 Exemption from assessment
3 Assessment of assessable SuperNet linear property
4 Report by Minister required
5 Expiry
6 Coming into force
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Municipal Government Act;
(b) "assessable SuperNet linear property" means linear property
in the extended area network that is used for SuperNet
purposes and is assessable under
section 3;
(c) "extended area network" means the specifications,
characteristics and network design as reported by the
Minister under
section 4;
(d) "Minister" means the Minister of Service Alberta;
(e) "SuperNet" means the high-speed high capacity broadband
network that is owned by Bell Canada, linking government
offices, schools, health care facilities and libraries in the
extended area network.
Exemption from assessment
2(1) For the purposes of
section 298(1) of the Act, no assessment is to
be prepared for linear property in the extended area network that is
used for SuperNet purposes.
(2) Despite subsection (1), where linear property referred to in
subsection (1) is used for business, the property is assessable to the
extent that the property is used for business, as reported by the
Minister under
section 4.
Assessment of assessable SuperNet linear property
3(1) Where linear property referred to in
section 2(1) is used for
business and is assessable to the extent reported under
section 4, the
assessment must be prepared by the assessor designated under
section
292(1) of the Act.
(2) Section 292(2) to (5) of the Act do not apply in respect of an
assessment referred to in subsection (1), and instead the assessment
must be prepared in accordance with the Schedule.
Report by Minister required
4(1) The Minister must report the following information to the
assessor designated by the Minister of Municipal Affairs under
section
292(1) of the Act not later than October 31, 2012, and October 31 in
every 2nd year following 2012:
(
a) for the purposes of
section 1(c), the specifications,
characteristics and network design that form the extended
area network;
(
b) for the purposes of
section 2(
a) of the Schedule, the
construction costs of the assessable SuperNet linear property.
(2) The Minister must, for the purposes of
section 2(2), report the
extent to which linear property referred to in
section 2(1) is used for
business to the assessor designated by the Minister of Municipal
Affairs under
section 292(1) of the Act not later than December 31,
2012, and December 31 in every 2nd year following 2012.
Expiry
5 This Regulation is made in accordance with
section 603(1) of the
Act and is repealed in accordance with
section 603(2) of the Act.
Coming into force
6 This Regulation comes into force on October 1, 2012.
Schedule
1 In this Schedule, "Minister's Guidelines" means the Alberta Linear
Property Assessment Minister's Guidelines referred to in
section
322.1(1)(a)(i)(
C) of the Act.
2 To calculate an assessment for assessable SuperNet linear property,
the assessor must
(
a) multiply the construction costs of the assessable SuperNet
linear property, as reported by the Minister under
section
4(1)(
b) of this Regulation, by a factor that represents business
use as reported by the Minister under
section 4(2) of this
Regulation,
(
b) multiply the product obtained from the calculation referred to
in clause (
a) by the assessment year modifier set out in
Schedule B for Telecommunications Systems contained in
the Minister's Guidelines,
(
c) multiply the product obtained from the calculation referred to
in clause (
b) by the depreciation factor set out in
Schedule C
for Telecommunications Systems contained in the Minister's
Guidelines, and
(
d) multiply the product obtained from the calculation referred to
in clause (
c) by an additional depreciation factor of 1.000 for
the purposes of
Schedule D for Telecommunications Systems
contained in the Minister's Guidelines.
--------------------------------
Alberta Regulation 114/2012
Employment Standards Code
EMPLOYMENT STANDARDS AMENDMENT REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 214/2012)
on June 21, 2012 pursuant to
section 138 of the Employment Standards Code.
1 The Employment Standards Regulation (AR 14/97) is
amended by this Regulation.
2 The following is added after
section 43.6:
Division 10
Fire Fighting Services
Definition
43.7 In this Division, "firefighter" means an employee who is
regularly employed by a municipality or a Metis settlement in its fire
service and assigned to active duty with respect to fire protection,
fire prevention, rescue or emergency medical services offered by that
service.
Application
43.71 This Division applies to firefighters and their employers
with respect to their employment relationship.
Substitution for Act provisions
43.72 For persons to whom this Division applies, this Division
applies in substitution for sections 16, 17, 20 and 21 of the Act.
Hours of work
43.73(1) In this section, "shift" means a consecutive period
throughout which a firefighter is scheduled to work.
(2) A firefighter may not have a shift exceeding 24 hours.
(3) For a firefighter who has a 24-hour shift, the employer may not
schedule any work to begin within the 24-hour period immediately
following the scheduled ending of that shift.
Emergencies
43.74 A firefighter may work for any period that would otherwise
be in contravention of
section 43.73 in the event of any emergency
or if there are unforeseen or unpreventable circumstances requiring
the firefighter's work.
Overtime hours
43.75(1) In this section, the cycle consists of
(
a) the working cycle, to a maximum however of 26 weeks, in
accordance with which the firefighter currently works, or
(
b) if there is no such current working cycle, 26 weeks.
(2) Overtime hours in respect of a work week are the total of hours
worked in that work week in excess of the greater of
(
a) a firefighter's regularly scheduled work shifts in that work
week, and
(
b) an average of 44 hours per week, with the average being
calculated over the period of the current cycle.
3 This Regulation comes into force on September 1, 2012.
--------------------------------
Alberta Regulation 115/2012
Regional Health Authorities Act
REGIONAL HEALTH AUTHORITIES AMENDMENT REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 217/2012)
on June 21, 2012 pursuant to
section 23 of the Regional Health Authorities Act.
1 The Regional Health Authorities Regulation (AR 15/95) is
amended by this Regulation.
2 The following is added after
section 2.5(3):
(3.1) Subject to the prior approval of the Minister as to the terms
and conditions of indemnity, Alberta Health Services is authorized to
enter into an agreement with the City of Calgary to indemnify the
City of Calgary with regard to the Seton Tunnel, located adjacent to
the South Health Campus, under 45 St. S.E.
--------------------------------
Alberta Regulation 116/2012
Regional Airports Authorities Act
REGIONAL AIRPORTS AUTHORITIES AMENDMENT REGULATION
Filed: June 21, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 220/2012)
on June 21, 2012 pursuant to
section 40 of the Regional Airports Authorities Act.
1 The Regional Airports Authorities Regulation
(AR 149/90) is amended by this Regulation.
Section 144.1 is amended by striking out "June 30, 2012"
and substituting "June 30, 2015".
Alberta Regulation 117/2012
Protection of Children Abusing Drugs Act
PROTECTION OF CHILDREN ABUSING DRUGS ACT COURT FORMS
AND PROCEDURES AMENDMENT REGULATION
Filed: June 25, 2012
For information only: Made by the Minister of Health (M.O. 35/2012) on June 20,
2012 pursuant to
section 12(
b) and (b.1) of the Protection of Children Abusing Drugs
Act.
1 The Protection of Children Abusing Drugs Act Court
Forms and Procedures Regulation (AR 138/2006) is
amended by this Regulation.
2 The following is added after
section 3:
Information sessions
3.1 The Co-ordinator shall, for the purposes of
section 2(2) of the
Act,
(
a) authorize, in writing, persons to provide information sessions
and to provide guardians who attend the information sessions
with written confirmation of their attendance,
(
b) establish what information is to be provided in the
information sessions by persons authorized under clause (a),
and
(
c) set the form for the written confirmation referred to in clause
(a).
Section 4 is amended by striking out "June 30, 2016" and
substituting "June 30, 2020".
4 The
Schedule is repealed and the following is
substituted:
Schedule
Form 1
Notice and Application for a
Protection Order
In the Provincial Court of Alberta
In the Matter of an Application Under
Section 2
of the Protection of Children Abusing Drugs Act
Regarding (Child's name) ,
A child within the meaning of the Protection of Children Abusing
Drugs Act
Born (Child's birth date)
Application
This application is made regarding the Child.
My name is . My address is
. My telephone number is .
I am a guardian of the Child.
(Check all boxes that apply.)
? I am applying for an order under
section 2.1 of the Protection of
Children Abusing Drugs Act to:
a. authorize the confinement of the Child in a protective safe
house for a period of not more than 10 days,
b. authorize the director of the protective safe house to confine
the Child in accordance with the order, and
c. authorize Alberta Health Services as the Co-ordinator to
assess the Child, treat the Child for the effects of
detoxification and provide services to stabilize the Child for
the period of confinement authorized by the order.
? I am applying for an order under
section 2.1 of the Protection of
Children Abusing Drugs Act to authorize a police officer to apprehend
and convey the Child to a protective safe house.
? I am applying for an order under
section 2.1 of the Protection of
Children Abusing Drugs Act to authorize a police officer to assist me,
as a guardian, in conveying the Child to a protective safe house.
? I am applying for an order under
section 2.1 of the Protection of
Children Abusing Drugs Act to authorize a police officer to enter, by
force if necessary, the place or premises at
, and to search for
and apprehend the Child.
? I am applying under
section 4.2(1) of the Protection of Children
Abusing Drugs Act to the Court for permission to admit evidence:
(Check all boxes that apply.)
? by telephone
? audio-visually
? by other means (describe) .
My reasons for asking the Court to admit evidence by these means are:
(Signature)
(Date Signed)
Affidavit of Applicant
In support of my application, I, (name) , of (address)
make oath and say that:
(
a) I have attended an information session referred to in
section
2(2) of the Protection of Children Abusing Drugs Act and the
written confirmation of my attendance is attached to this
affidavit.
(
b) My reasons for making this application are: (Describe in your
own words what you know about the Child's use of drugs
and what effect you believe the use of drugs is having on the
Child. Any additional pages you wish to add must be sworn
and attached to this affidavit.)
(
c) I believe that the Child may be found at:
. My reasons for believing the
Child is at this location are:
(
d) I cannot convey the Child to a protective safe house myself
because: (Complete only if you are applying for an order to
authorize a police officer to apprehend and convey the Child
to a protective safe house or to assist you, as a guardian, in
conveying the Child to a protective safe house.)
(Signature of Applicant)
SWORN BEFORE ME at )
, in the Province of Alberta, this )
day of , 20__ )
(Commissioner for Oaths )
in and for the Province of Alberta) )
NOTE: Under
section 2.1(1) of the Protection of Children Abusing
Drugs Act, the Provincial Court may grant a protection order if it is
satisfied that the Child is abusing drugs.
Section 1(2) of the Protection
of Children Abusing Drugs Act states that "a child is abusing a drug if
the child is using the drug and the use caused or is likely to cause
significant (
a) psychological or social harm to the child, or (
b) physical
harm to the child or others". Under
section 1(1) of the Protection of
Children Abusing Drugs Act, "drug" is defined as "alcohol or a
substance, other than a tobacco product, (
i) whose use is controlled by
law, or (ii) that is used by the child in a manner that is not intended by
the manufacturer of the substance".
Notice
(Check all boxes that apply.)
? To: Alberta Health Services (the Co-ordinator)*,
? To: (name(
s) of other guardian(s), if any) **, and
? To: (name(
s) of other person(
s) required by the Court to
be given notice, if any) .
This is your notice that I am applying to the Court for a protection
order as described above.
The Court hearing will be at am/pm, on (day)
(month) , 20 , at (location) .
If you want to speak to the judge about my application, you must
attend the Court hearing. After hearing the matter, the judge will
decide whether or not to make a protection order regarding the Child.
If you do not attend the hearing, the judge may make the decision
in your absence.
* You must give notice of this application to Alberta Health Services
(the Co-ordinator). You may give this notice by telephone at
1-888-844-5395.
** If the Child has any other guardian(s), including a director under the
Child, Youth and Family Enhancement Act, you must give notice of
this application to the other guardian(
s) unless the Court has said you
are not required to do so.
Form 2
Affidavit of Notice Regarding an
Application for a Protection Order
In the Provincial Court of Alberta
In the Matter of an Application Under
Section 2
of the Protection of Children Abusing Drugs Act
Regarding (Child's name) ,
A child within the meaning of the Protection of Children Abusing
Drugs Act
Born (Child's birth date)
Affidavit
I, (name) , of (address) make oath and say that:
(
a) I am a guardian of the Child.
(
b) I gave notice to: (Check the appropriate box. A separate
affidavit must be sworn with respect to each person who is
given notice.)
? Alberta Health Services (the Co-ordinator)
? (name of other guardian, if any)
? (name of other person required by the Court to
be given notice, if any)
on (date notice given) that I am making an application for
a protection order regarding the Child.
(
c) I gave the notice by way of: (Check the appropriate box.)
? personal delivery to (address) ,
? telephone (telephone number) ,
? facsimile (facsimile number) , or
? other (describe method of giving notice) .
(
d) The notice I gave consisted of: (Check the appropriate box.)
? a copy of the Notice and Application for a Protection
Order filed with the Court,
? a written notice of the nature, date, time and place of the
hearing (attach a copy of the notice),
? an oral notice of the nature, date, time and place of the
hearing, or
? other (describe) .
(Signature of Person making Affidavit)
SWORN BEFORE ME at )
, in the Province of Alberta, this )
day of , 20__ )
(Commissioner for Oaths )
in and for the Province of Alberta) )
Form 3
Notice and Request for Review of
a Protection Order
In the Provincial Court of Alberta
In the Matter of an Application Under
Section 4.1
of the Protection of Children Abusing Drugs Act
Regarding (Child's name) ,
A child within the meaning of the Protection of Children Abusing
Drugs Act
Born (Child's birth date)
Application for Review
My name is . My address is
. My telephone number is .
(Check the appropriate box.)
? I am the Child (name of Child) . I was born
(year/month/day) .
? I am a guardian of the Child.
? I make this application on behalf of Alberta Health Services (the
Co-ordinator).
? None of the above apply, but the Court made an order dated
(year/month/day) granting me leave to make this application. A
copy of the order is attached.
I am applying for a review of the protection order dated
(year/month/day) .
OPTIONAL: Describe your reasons for asking the Court to review the
protection order:
(Check this box if applicable.)
? I am applying under
section 4.2(1) of the Protection of Children
Abusing Drugs Act to the Court for permission to admit evidence:
(Check all boxes that apply.)
? by telephone
? audio-visually
? by other means (describe)
My reasons for asking the Court to admit evidence by these means are:
(Signature)
(Date Signed)
Notice
(Check all boxes that apply.)
? To: the Child*,
? To: Alberta Health Services (the Co-ordinator)**,
? To: (name or title of director of the protective safe house
in which the Child is confined) *,
? To: (name of guardian who applied for the protection
order) *, and
? To: (name(
s) of other person(
s) required by the Court to
be given notice, if any) .
This is your notice that I am applying to the Court for a review of the
protection order as described above.
The Court hearing will be at am/pm, on (day) (month) , 20
, at (location) .
If you want to speak to the judge about my application for a review of
the protection order, you must attend the Court hearing. After hearing
the matter, the judge will decide whether or not to make an order
confirming, varying or terminating the protection order and may
extend the period of confinement authorized in that order by up to 5
days.
If you do not attend the hearing, the judge may make the decision
in your absence.
* You must give notice of this application to these persons unless the
Court has said you are not required to do so.
** You must give notice of this application to Alberta Health Services
(the Co-ordinator) unless the Court has said you are not required to do
so. You may give this notice by telephone at 1-888-844-5395.
Form 4
Affidavit of Notice Regarding a
Request for Review of a Protection Order
In the Provincial Court of Alberta
In the Matter of an Application Under
Section 4.1
of the Protection of Children Abusing Drugs Act
Regarding (Child's name) ,
A child within the meaning of the Protection of Children Abusing
Drugs Act
Born (Child's birth date)
Affidavit
I, (name) , of (address) make oath and say that:
(
a) I am applying for a review of the protection order dated
(year/month/day) .
(
b) I gave notice to: (Check the appropriate box. A separate
affidavit must be sworn with respect to each person who is
given notice.)
? the Child
? Alberta Health Services (the Co-ordinator)
? (name or title of director of the protective safe
house in which the Child is confined)
? (name of guardian who applied for the protection
order)
? (name of other person required by the Court to
be given notice, if any)
on (date notice given) that I am making an application for
a review of the protection order dated (year/month/day)
regarding the Child.
(
c) I gave the notice by way of: (Check the appropriate box.)
? personal delivery to (address) ,
? telephone (telephone number) ,
? facsimile (facsimile number) , or
? other (describe method of giving notice) .
(
d) The notice I gave consisted of: (Check the appropriate box.)
? a copy of the Notice and Request for Review of a
Protection Order filed with the Court,
? a written notice of the nature, date, time and place of the
hearing (attach a copy of the notice),
? an oral notice of the nature, date, time and place of the
hearing, or
? other (describe) .
(Signature of Person making Affidavit)
SWORN BEFORE ME at )
, in the Province of Alberta, this )
day of , 20__ )
(Commissioner for Oaths )
in and for the Province of Alberta) )
5 This Regulation comes into force on the coming into
force of the Protection of Children Abusing Drugs
Amendment Act, 2009.
Alberta Regulation 118/2012
Marketing of Agricultural Products Act
BISON PRODUCERS OF ALBERTA COMMISSION
AMENDMENT REGULATION
Filed: June 26, 2012
For information only: Made by the Bison Producers of Alberta on June 17, 2012 and
approved by the Agricultural Products Marketing Council on June 19, 2012 pursuant
section 26 of the Marketing of Agricultural Products Act.
1 The Bison Producers of Alberta Commission Regulation
(AR 188/2000) is amended by this Regulation.
Section 2 is amended by striking out "$3" wherever it
occurs and substituting "$0".
Schedule 1 is amended by striking out "$3" and
substituting "$0".
4 This Regulation comes into force on July 1, 2012.
--------------------------------
Alberta Regulation 119/2012
Wildlife Act
WILDLIFE (EXPIRY DATE) AMENDMENT REGULATION
Filed: June 27, 2012
For information only: Made by the Lieutenant Governor in Council (O.C. 226/2012)
on June 21, 2012 pursuant to
section 104 of the Wildlife Act and
section 1 of the
Wildlife Regulation (AR 143/97) and by the Minister of Environment and Sustainable
Resource Development on June 26, 2012 pursuant to
section 103 of the Wildlife Act
and sections 1(
b) and 2 of the Wildlife Regulation (AR 143/97).
1 The Wildlife Regulation (AR 143/97) is amended by this
Regulation.
Section 153 is amended by striking out "June 30, 2012"
and substituting "June 30, 2014".