Alberta Gazette — documents gazette 2021 pdf 03 Feb13 Part2.pdf

documents gazette 2021 pdf 03 Feb13 Part2.pdf

Alberta — Gazette

Alberta Regulation 6/2021

Child, Youth and Family Enhancement Act

CHILD, YOUTH AND FAMILY ENHANCEMENT (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Minister of Children's Services (M.O. No. 2020-14)

on December 9, 2020 pursuant to

section 131(2) of the Child, Youth and Family

Enhancement Act.

1 The Child, Youth and Family Enhancement Regulation

(AR 160/2004) is amended by this Regulation.

Section 28, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "December 31, 2020" and substituting "December 31, 2025".

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

Alberta Regulation 7/2021

Child, Youth and Family Enhancement Act

RESIDENTIAL FACILITIES LICENSING (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Minister of Children's Services (M.O. No. 2020-15)

on December 9, 2020 pursuant to

section 131(2) of the Child, Youth and Family

Enhancement Act.

1 The Residential Facilities Licensing Regulation

(AR 161/2004) is amended by this Regulation.

Section 33, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "December 31, 2020" and substituting "December 31, 2025".

Alberta Regulation 8/2021

Protection of Sexually Exploited Children Act

PROTECTION OF SEXUALLY EXPLOITED CHILDREN

(EXPIRY DATE EXTENSION) AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Minister of Children's Services (M.O. No. 2020-16)

on December 9, 2020 pursuant to

section 8(2) of the Protection of Sexually Exploited

Children Act.

1 The Protection of Sexually Exploited Children Regulation

(AR 194/2007) is amended by this Regulation.

Section 6, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "November 30, 2020" and substituting "November 30, 2025".

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

Alberta Regulation 9/2021

Franchises Act

FRANCHISES (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 007/2021)

on January 20, 2021 pursuant to

section 20 of the Franchises Act.

1 The Franchises Regulation (AR 240/95) is amended by

this Regulation.

Section 9, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "November 30, 2020" and substituting "November 30, 2023".

Alberta Regulation 10/2021

Land Titles Act

METRIC CONVERSION (EXPIRY DATE REPEAL)

AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 008/2021)

on January 20, 2021 pursuant to

section 214 of the Land Titles Act.

1 The Metric Conversion Regulation (AR 22/2000) is

amended by this Regulation.

Section 9 is repealed.

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

Alberta Regulation 11/2021

Justice of the Peace Act

JUSTICE OF THE PEACE (2017 COMPENSATION

COMMISSION REPORT) AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 010/2021)

on January 20, 2021 pursuant to

section 15 of the Justice of the Peace Act.

1 The Justice of the Peace Regulation (AR 6/99) is

amended by this Regulation.

Section 1(a.001) is amended by striking out "a full-time or a

part-time" and substituting "a full-time, part-time or ad hoc".

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

Remuneration - full-time justices of the peace

6(1) The annual salary for a full-time justice of the peace for the

period beginning on April 1, 2017 and ending on March 31, 2021 is

$151

Section 6.1 is amended by striking out "Commencing April

1, 2013, in addition" and substituting "In addition".

Section 8(1) is repealed and the following is substituted:

Remuneration - part-time and ad hoc justices of the peace

8(1) The remuneration for a part-time or an ad hoc justice of the

peace working an 8-hour shift for the period beginning on April 1,

2017 and ending on March 31, 2021 is $962.

Section 8.1(2) is repealed and the following is

substituted:

(2) Over and above the remuneration payable under

section 6 or 8,

as the case may be, a justice of the peace working an 8-hour shift is

entitled to the following payment for work during the following

times for the period beginning on April 1, 2017 and ending on March

31, 2021:

(

a) for a weekday evening shift, $54.25;

(

b) for a weekday night shift, $134.69;

(

c) for a weekend day shift, $54.24;

(

d) for a weekend evening shift, $82.45;

(

e) for a weekend night shift, $188.94;

(

f) for a holiday day shift, $82.45;

(

g) for a holiday evening shift, $108.49;

(

h) for a holiday night shift, $243.19.

Section 8.5 is amended

(

a) in subsection (1)

(

i) by striking out "Effective May 1, 2014, full-time"

and substituting "Full-time";

(ii) by repealing clause (

a) and substituting the

following:

(

a) a newly appointed justice is to receive the following, or

the equivalent of the following as determined by the

Deputy Chief Judge:

(i) 1 gown;

(ii) 1 waistcoat;

(iii) 3 shirts;

(iv) 3 tabs;

(v) 2 skirts or 2 pairs of pants or one of each;

(iii) in clause (

b) by adding ", or the equivalent as

determined by the Deputy Chief Judge," after "new

gown and waistcoat";

(

b) in subsection (2) by striking out "Effective May 1,

2014, subsection (1)(b)" and substituting "Subsection

(1)(b)".

8 Sections 3, 5 and 6 have effect on April 1, 2017.

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

Alberta Regulation 12/2021

Provincial Court Act

MEDIATION RULES OF THE PROVINCIAL COURT

- CIVIL DIVISION AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 011/2021)

on January 20, 2021 pursuant to

section 9 of the Provincial Court Act.

1 The Mediation Rules of the Provincial Court - Civil

Division (AR 271/97) are amended by this Regulation.

2 The title of the Regulation is repealed and the following

is substituted:

PROVINCIAL COURT CIVIL

MEDIATION RULES

3 Rule 1 is amended

(

a) by repealing clause (

a) and substituting the

following:

(a) "Court" means the Provincial Court of Alberta;

(

b) by repealing clause (

c) and substituting the

following:

(c) "mediation co-ordinator" means a supervisor of the

program;

(

c) in clause (

d) by striking out "or under the auspices of the

Court" and substituting "the program";

(

d) in clause (

e) by striking out "by the Court or";

(

e) by adding the following after clause (e):

(f) "program" means the Provincial Court Civil Claims

Mediation Program administered by the Ministry of

Justice and Solicitor General.

4 Rule 2(1) is amended by striking out "counsel" and

substituting "lawyers or agents".

5 Rule 3 is repealed and the following is substituted:

Duty to notify client

3 On receipt of a notice under Rule 2 or 4.1(2), the lawyer or agent

for a party must immediately provide a copy of the notice to that

party.

6 The following is added after Rule 4:

Rescheduling of mediation session

4.1(1) Subject to Rule 15, a mediation session scheduled under

Rule 4 may be rescheduled

(

a) on a written request made to the mediation co-ordinator by

one of the parties,

(

i) with the written consent of the other parties, or

(ii) if the mediation co-ordinator is satisfied that the

assigned date is unreasonably inconvenient to that party,

(

b) on application to the Court.

(2) If the request or application for rescheduling of a mediation

session is approved under subrule (1), the mediation co-ordinator

must give notice of the rescheduled mediation session to all the

parties or, if the parties are represented, to the lawyers or agents of

the parties, as the case may be.

7 Rule 5 is repealed and the following is substituted:

Attendance and representation

5(1) All the parties receiving notice under Rule 2(1) or 4.1(2) must

attend at a mediation session.

(2) If a party is incorporated, the corporation must be represented by

a director, officer or employee of the corporation who has full

knowledge of the facts and unrestricted authority to resolve the

action on the corporation's behalf.

(3) A lawyer or agent may attend with, but not in place of, a party at

a mediation session.

(4) Other persons may attend with the consent of all the parties and

the mediation co-ordinator or the mediator.

8 Rule 6(2) is amended by striking out "or" at the end of

clause (a), by adding "or" at the end of clause (

b) and by

adding the following after clause (b):

(

c) to any threats of bodily harm made during or in connection

with a mediation session.

9 Rule 7 is amended by striking out "be impartial and shall".

10 Rule 8 is amended

(

a) in subrule (4) by striking out "taped" and

substituting "recorded";

(

b) in subrule (6) by striking out "or" at the end of

clause (a), by adding "or" at the end of clause (

b) and by adding the following after clause (b):

(

c) apply to any threats of bodily harm made during or in

connection with a mediation session.

11 Rule 12 is repealed.

12 Rule 13 is repealed and the following is substituted:

Notice of completion of mediation

13 Where the parties have completed a mediation session or any

party, a mediation co-ordinator or the mediator has terminated the

mediation session, all the parties must receive a notice of completion

of mediation.

13 Rule 14 is amended

(

a) in subrule (1) by striking out "a mediation co-ordinator

shall" and substituting "a mediation co-ordinator or

designate must";

(

b) in subrule (2) by striking out "2 days" and

substituting "7 days";

(

c) by adding the following after subrule (2):

(3) A mediation co-ordinator may, with the consent of all the

parties, reschedule a mediation session if a party did not attend a

scheduled mediation session or attended without the attendance

of any person required to attend or represent under Rule 5.

14 Rule 15 is amended

(

a) by striking out "3 months" and substituting "4

months";

(

b) by striking out "3-month period" and substituting

"4-month period".

15 Rule 16 is amended

(

a) by striking out "costs of $50" and substituting "costs of

up to $250";

(

b) by striking out "$50".

16 Rule 18 is amended by striking out "shall" and

substituting "must".

17 This Regulation has effect on February 1, 2021.

Alberta Regulation 13/2021

Provincial Offences Procedure Act

PROCEDURES AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 012/2021)

on January 20, 2021 pursuant to

section 42 of the Provincial Offences Procedure Act.

1 The Procedures Regulation (AR 63/2017) is amended by

this Regulation.

Section 1 is amended by adding the following after

clause (b):

(b.1) "First Nation bylaw" means a by-law made by a council of a

band in Alberta under the authority of the Indian Act

(Canada);

Section 2 is amended by adding the following after

clause (cc):

(dd) any First Nation bylaw.

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

Alberta Regulation 14/2021

Post-secondary Learning Act

LAND USE (EXPIRY DATE EXTENSION)

AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 013/2021)

on January 20, 2021 pursuant to

section 124 of the Post-secondary Learning Act.

1 The Land Use Regulation (AR 54/2004) is amended by

this Regulation.

Section 12 is amended by striking out "May 31, 2021" and

substituting "May 31, 2024".

Alberta Regulation 15/2021

Child, Youth and Family Enhancement Act

COURT RULES AND FORMS (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 015/2021)

on January 20, 2021 pursuant to

section 131(1) of the Child, Youth and Family

Enhancement Act.

1 The Court Rules and Forms Regulation (AR 39/2002) is

amended by this Regulation.

Section 10, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "December 31, 2020" and substituting "December 31, 2025".

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

Alberta Regulation 16/2021

Children First Act

DISCLOSURE OF INFORMATION (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 016/2021)

on January 20, 2021 pursuant to

section 6 of the Children First Act.

1 The Disclosure of Information Regulation (AR 231/2013)

is amended by this Regulation.

Section 3, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "January 30, 2021" and substituting "January 30, 2026".

Alberta Regulation 17/2021

Protection of Sexually Exploited Children Act

COURT FORMS AND PROCEDURES (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 017/2021)

on January 20, 2021 pursuant to

section 8(1) of the Protection of Sexually Exploited

Children Act.

1 The Court Forms and Procedures Regulation (AR 7/99) is

amended by this Regulation.

Section 6, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "November 30, 2020" and substituting "November 30, 2025".

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

Alberta Regulation 18/2021

Alberta Investment Attraction Act

ALBERTA INVESTMENT ATTRACTION REGULATION

Filed: January 20, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 018/2021)

on January 20, 2021 pursuant to

section 14 of the Alberta Investment Attraction Act.

Authorized indemnities

1(1) This Regulation identifies indemnities that the Corporation may

provide in addition to those authorized by

section 9(1) of the Act.

(2) The Corporation may, under

section 9(3)(

b) of the Act, provide an

indemnity if the indemnity is in writing and is ancillary and incidental

to the business purpose of an agreement involving the Corporation and

that agreement is of a kind where no liability under the indemnity is

likely, based on the historical experience of giving similar indemnities,

to arise in the normal course of the performance of the agreement if the

agreement is properly performed.

Alberta Regulation 19/2021

Alberta Indigenous Opportunities Corporation Act

ALBERTA INDIGENOUS OPPORTUNITIES

CORPORATION AMENDMENT REGULATION

Filed: January 20, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 025/2021)

on January 20, 2021 pursuant to

section 14 of the Alberta Indigenous Opportunities

Corporation Act.

1 The Alberta Indigenous Opportunities Corporation

Regulation (AR 162/2019) is amended by this Regulation.

2 The following is added after

section 2:

Indemnities

2.1 The Corporation may, under

section 9(3)(

b) of the Act, provide

indemnities in writing of the type that the Crown may provide under

section 71(1)(a), (

b) or (

d) of the Financial Administration Act.

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

Alberta Regulation 20/2021

Historical Resources Act

ARCHAEOLOGICAL AND PALAEONTOLOGICAL

RESEARCH PERMIT AMENDMENT REGULATION

Filed: January 22, 2021

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

of Women (M.O. 02/21) on January 19, 2021 pursuant to

section 6(2) of the

Historical Resources Act.

1 The Archaeological and Palaeontological Research

Permit Regulation (AR 254/2002) is amended by this

Regulation.

Section 1(

g) is repealed and the following is substituted:

(g) "mitigative research project" means a specific research

program carried out for the purpose of assessing or

mitigating the impact of a development on archaeological or

palaeontological resources in any area that may be affected

by the development;

Section 5(1)(

c) is amended by striking out "typewritten or

computer printed".

Section 9 is amended

(

a) by repealing subsection (1) and substituting the

following:

Project report

9(1) An archaeological permit holder or palaeontological permit

holder must submit to the Minister a project report within 180

days after the expiration of the permit or within any additional

period specified in the permit.

(

b) in subsection (4)

(

i) in clause (

a) by striking out "proposed";

(ii) by repealing clause (

b) and substituting the

following:

(

b) describe the specific effect of the development on

each site in the area or areas that may be affected

by the development,

(iii) in clause (

d) by striking out "proposed";

(

c) in subsection (5) by striking out "must be typewritten

or computer printed and".

Section 11 is amended

(

a) in subsection (1)

(

i) in clause (

b) by striking out "typewritten or

computer printed";

(ii) in clause (

c) by adding ", including digital records,"

after "other records";

(

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

(3) The material described in subsection (1)(

b) and (

c) must

be submitted in the form and manner required by the Minister.

Section 19, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "October 31, 202`0" and substituting "October 31, 2026".

Alberta Regulation 21/2021

Environmental Protection and Enhancement Act

POTABLE WATER (EXPIRY DATE

EXTENSION) AMENDMENT REGULATION

Filed: January 26, 2021

For information only: Made by the Minister of Environment and Parks (M.O. 33/2021)

on January 14, 2021 pursuant to

section 153 of the Environmental Protection and

Enhancement Act.

1 The Potable Water Regulation (AR 277/2003) is amended

by this Regulation.

Section 19, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "June 30, 2020" and substituting "June 30, 2022".

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

Alberta Regulation 22/2021

Freedom of Information and Protection of Privacy Act

FREEDOM OF INFORMATION AND PROTECTION

OF PRIVACY AMENDMENT REGULATION

Filed: January 27, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 026/2021)

on January 27, 2021 pursuant to

section 94 of the Freedom of Information and

Protection of Privacy Act.

1 The Freedom of Information and Protection of Privacy

(Expiry Date Extension) Amendment Regulation (AR 248/2020)

is amended by this Regulation.

Section 2 is repealed and the following is substituted:

Section 21 is amended by striking out "June 30, 2020"

and substituting "June 30, 2022".

Alberta Regulation 23/2021

Judicature Act

ALBERTA RULES OF COURT (DIVORCE

PROCEEDINGS) AMENDMENT REGULATION

Filed: January 27, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 027/2021)

on January 27, 2021 pursuant to

section 28.1 of the Judicature Act.

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

by this Regulation.

2 Rules 3.10(1) and 6.1(

b) are amended by adding "another

rule otherwise provides," after "unless".

3 Rule 6.10(2)(

b) is amended by adding "or on the Court's own

motion" after "application".

4 Rule 12.1 is repealed and the following is substituted:

Definitions

12.1 In this Part,

(a) "action for unjust enrichment" means an action that is based

on the equitable doctrine of unjust enrichment between 2

parties who have lived together in a relationship of

interdependence;

(b) "designated authority" means

(

i) in respect of Alberta, a person or entity designated by

the Minister of Justice and Solicitor General to exercise

powers or perform duties or functions set out in sections

18.1 to 19.1 of the Divorce Act (Canada) in Alberta, and

(ii) in respect of a province other than Alberta, a person or

entity designated by that province to exercise powers or

perform duties or functions set out in sections 18.1 to

19.1 of the Divorce Act (Canada) in that province;

(c) "designated jurisdiction" means a jurisdiction outside Canada

declared to be a reciprocating jurisdiction in the

Interjurisdictional Support Orders Regulation (AR 4/2003);

(d) "party", in respect of a proceeding under the Family Law Act,

includes a public official, including the Director acting under

Part 5 of the Income and Employment Supports Act, who,

pursuant to any enactment, has the right to commence,

defend, intervene in or take any step in respect of the

application and exercises that right;

(e) "responsible authority" means a person or entity that

performs duties or functions in a designated jurisdiction that

are similar to the duties or functions under

section 19(4) of

the Divorce Act (Canada) that are performed in Alberta by

the designated authority.

5 Rule 12.2(

j) is repealed.

6 Rule 12.6(2)(

a) is amended by striking out "guardianship,

custody, access, parenting or contact dispute" and substituting

"dispute regarding guardianship, custody, access, parenting time,

decision-making responsibility or contact".

7 Rule 12.14 is amended by striking out "outside Alberta" and

substituting "in a province other than Alberta".

8 Rule 12.26 is amended

(

a) by repealing subrule (1) and substituting the

following:

Application under Divorce Act (Canada) to recognize

decision of competent authority varying parenting

or contact order

12.26(1) An application under

section 22.1 of the Divorce Act

(Canada) to recognize a decision of a competent authority that

has the effect of varying, rescinding or suspending a parenting

or contact order

made under that Act must be commenced

(

a) by filing the following in accordance with rule 12.44, if

the parenting or contact order that the decision varies,

rescinds or suspends was made by the Court:

(

i) a family application in Form FL-18;

(ii) a supporting affidavit,

(

b) by filing the following, if the parenting or contact order

that the decision varies, rescinds or suspends was made

by a court in a province other than Alberta:

(

i) an originating application in accordance with rule

3.8(1);

(ii) a supporting affidavit in accordance with rule

3.8(2) to which are attached as exhibits

(

A) a copy of the parenting or contact order that

the decision varies, rescinds or suspends, and

(

B) copies of all other orders, if any, relating to

the parties' parenting or contact in respect of

the child or children to whom the application

relates.

(1.1) Unless the Court otherwise orders, a person may make an

application referred to in subrule (1)(

a) or (

b) despite not being

a party to the proceeding or action.

(1.2) Where a person has obtained

(

a) a parenting order under paragraph 16.1(1)(

b) of the

Divorce Act (Canada),

(

b) a contact order under

section 16.5 of the Divorce Act

(Canada), or

(

c) a variation order under subparagraph 17(1)(b)(ii) or

paragraph 17(1)(

c) of the Divorce Act (Canada)

and an application is made under subrule (1)(

a) or (

b) that may

affect the person's parenting time, decision-making

responsibility or contact under the order, the person is a

respondent to the application for the purposes of subrules (3)

and (4).

(

b) by repealing subrule (2);

(

c) in subrule (3) in the portion preceding clause (

a) by

striking out "or (2)";

(

d) by repealing subrule (5) and substituting the

following:

(5) Where under this rule the Court recognizes a decision of a

competent authority that has the effect of varying, rescinding

or suspending a parenting or contact order made by a court in a

province other than Alberta, the court clerk must send a

certified copy of the Court's decision to the court that made the

order in the other province.

9 Rules 12.34(1) and 12.37(1) are amended by adding "and"

at the end of clause (a), striking out "and" at the end of

clause (

b) and repealing clause (c).

10 Rule 12.38(1)(

f) is repealed.

11 Rule 12.43(1) is amended

(

a) by adding the following after clause (b):

(b.1) an application under

section 22.1 of the Divorce Act

(Canada) to recognize a decision of a competent

authority that has the effect of varying, rescinding or

suspending a parenting or contact order made under that

Act by a court in a province other than Alberta,

(

b) by repealing clause (c).

12 Rule 12.44 is amended by adding the following after

subrule (2):

(3) Where in the course of a proceeding or action under the Divorce

Act (Canada),

(

a) a person referred to in paragraph 16.1(1)(

b) of that Act

wishes to make an application for a parenting order or an

interim parenting order, including an application for

permission to apply for such an order, or

(

b) a person referred to in subsection 16.5(1) of that Act wishes

to make an application for a contact order or an interim

contact order, including an application for permission to

apply for such an order,

the application must be made by filing a family application in Form

FL-18 and an affidavit in support of the application in accordance

with subrule (1)(a).

(4) Unless the Court otherwise orders, a person referred to in

subrule (3) may make the application despite not being a party to the

proceeding or action.

(5) Despite rule 6.3(3) and subrule (1)(b), the application and

affidavit referred to in subrule (3) and any other evidence in support

of the application must be served on the respondent in the manner set

out in rule 12.55 20 days or more before the date the application is to

be heard or considered.

(6) Despite rule 6.6(1) and subrule (2), if a respondent to the

application referred to in subrule (3) intends to rely on an affidavit or

other evidence when the application is heard or considered, the

respondent must reply by serving on the applicant a copy of the

affidavit or other evidence within a reasonable time before the date

the application is to be heard or considered, but anything less than 10

days' notice will be presumed to be prejudicial to the applicant.

13 Rule 12.45 is amended

(

a) by repealing subrule (1) and substituting the

following:

Application after order or judgment under

Divorce Act (Canada)

12.45(1) Subject to subrule (4), an application

(

a) to vary, suspend or rescind an order of the Court in a

proceeding under the Divorce Act (Canada),

(

b) for corollary relief after the Court has rendered a

divorce judgment,

(

c) for a parenting order or an interim parenting order,

including an application for permission to apply for

such an order, made by a person referred to in paragraph

16.1(1)(

b) of the Divorce Act (Canada),

(

d) for a contact order or an interim contact order, including

an application for permission to apply for such an order,

made by a person referred to in subsection 16.5(1) of

the Divorce Act (Canada),

(

e) for an order to vary, suspend or rescind a parenting

order, including an application for permission to apply

for such an order, made by a person referred to in

subparagraph 17(1)(b)(ii) of the Divorce Act (Canada),

(

f) for an order to vary, suspend or rescind a contact order

made by a person referred to in paragraph 17(1)(

c) of

the Divorce Act (Canada)

must be made by filing a family application in Form FL-18

accompanied with an affidavit in support of the application in

accordance with rule 12.44(1)(a).

(1.1) If the order that is the subject of an application under

subrule (1) was made by a court in a province other than

Alberta and is not already registered in Alberta, a certified

copy of the order must be filed in accordance with rule 12.52

before the application is filed.

(1.2) Unless the Court otherwise orders, a person may make an

application referred to in subrule (1)(

c) to (

f) despite not being

a party to the proceeding or action.

(1.3) Where a person has obtained

(

a) a parenting order under paragraph 16.1(1)(

b) of the

Divorce Act (Canada),

(

b) a contact order under

section 16.5 of the Divorce Act

(Canada), or

(

c) a variation order under subparagraph 17(1)(b)(ii) or

paragraph 17(1)(

c) of the Divorce Act (Canada)

and an application is made under subrule (1) that may affect the

person's parenting time, decision-making responsibility or

contact under the order, the person is a respondent to the

application for the purposes of subrules (2) and (3).

(

b) by adding the following after subrule (3):

(4) This rule does not apply to

(

a) an application under paragraph 17(1)(

a) of the Divorce

Act (Canada) to vary, suspend or rescind a support order

where one of the former spouses habitually resides in a

province other than Alberta,

(

b) an application under

section 18.1, 19 or 19.1 of the

Divorce Act (Canada), or

(

c) an application under subparagraph 17(1)(b)(

i) of the

Divorce Act (Canada) that is combined with an

application under clause (

a) or (b).

(5) Where the Court grants an order that varies, suspends or

rescinds an order filed in accordance with rule 12.52, the court

clerk must send a certified copy of the Court's order to the court

that made the original order and to any other court in a province

other than Alberta that varied the original order.

14 The following is added after rule 12.45:

Application to vary, suspend or rescind a support order under the

Divorce Act (Canada) where one former spouse resides in another

province

12.451(1) Unless the applicant elects to proceed under

section

18.1 of the Divorce Act (Canada) and rule 12.46, an application

that seeks to vary, suspend or rescind a support order under that

Act where one of the former spouses habitually resides in Alberta

and the other spouse habitually resides in a province other than

Alberta must be made by filing a family application in Form FL-19

and an affidavit in support of the application.

(2) If the order that is the subject of an application under subrule

(1) was made by a court in a province other than Alberta,

(

a) if the order is not already registered in Alberta, a

certified copy of the order must be filed in accordance

with rule 12.52 before the application is filed, and

(

b) a copy of the order filed in accordance with rule 12.52

and copies of all other orders that have been made by

any court relating to the order that is sought to be

varied, suspended or rescinded must be attached as

exhibits to the affidavit.

(3) Despite rules 6.3(3) and 12.44(1)(b), the applicant must serve

the respondent and any order assignee known to the applicant with

(

a) the application and affidavit, and

(

b) a blank copy of Form FL-19.1

in the manner set out in rule 12.55 40 days or more before the

application is to be heard or considered.

(4) Despite rules 6.6(1) and 12.44(2), if the respondent or an order

assignee intends to rely on an affidavit or other evidence when the

application is heard or considered, the respondent or order assignee

must reply by serving on the applicant a copy of the affidavit or

other evidence within a reasonable time before the date the

application is to be heard or considered, but anything less than 10

days' notice will be presumed to be prejudicial to the applicant.

(5) Where a respondent or an order assignee wishes to request

under

section 18.2 of the Divorce Act (Canada) that the Court

convert an application referred to in subrule (1) into an application

under subsection 18.1(3) of that Act, the respondent or order

assignee must, within 40 days after being served with the

application, file and serve on the applicant a request to convert,

which may be in Form FL-19.1 or in any other form that

(

a) clearly indicates the respondent or order assignee is

requesting that the application be converted under

section 18.2 of that Act, and

(

b) includes an address for service for the respondent or

order assignee in the other province.

(6) Where the Court issues a direction under subsection 18.2(2) or

paragraph 18.3(1)(

b) of the Divorce Act (Canada) that an

application referred to in subrule (1) be considered as an

application under subsection 18.1(3) of that Act, the Court must

make an order in Form FL-31.1 to that effect and the court clerk

must forward a copy of the order, along with the application and

all evidence filed in support of the application, to the designated

authority in Alberta.

(7) In this rule, "order assignee" means a minister, member,

agency or public body to whom a child support order that is the

subject of an application under this rule has been assigned in

accordance with subsection 20.1(1) of the Divorce Act (Canada).

15 Rules 12.46 and 12.47 are repealed and the following is

substituted:

Outgoing interjurisdictional application to obtain, vary, suspend or

rescind a support order -

section 18.1 of the Divorce Act (Canada)

12.46(1) A former spouse may, where the respondent habitually

resides in a province other than Alberta, make an application

(

a) to obtain a support order under

section 18.1 of the

Divorce Act (Canada), or

(

b) to vary, suspend or rescind a support order under

section 18.1 of the Divorce Act (Canada)

by filing the applicable forms established by the Minister under

section 38 of the Interjurisdictional Support Orders Act.

(2) If the order that is the subject of an application under subrule

(1)(

b) was made by a court in a province other than Alberta and the

order is not already registered in Alberta, a certified copy of the

order must be filed in accordance with rule 12.52 before the

application is filed.

(3) When the court clerk is satisfied the application is complete,

the court clerk must forward the application to the designated

authority in Alberta.

(4) The applicant is not required to serve the documents filed

under subrule (1) on the respondent in the other province.

(5) If the applicant's contact information changes before a final

order is made by the court in the other province, the applicant must

advise the court clerk of the changes, in writing, without delay.

(6) If the Court receives a notice that the court in the province

where the respondent habitually resides requires further evidence

from the applicant, the court clerk must forward the notice to the

applicant by ordinary mail.

(7) When the Court receives an order from the court in the

province where the respondent habitually resides, the court clerk

must file the order and forward a copy to the applicant by ordinary

mail.

Incoming interjurisdictional applications to obtain, vary, suspend or

rescind a support order -

section 18.1 or 19 of the Divorce Act

(Canada)

12.47(1) This rule applies to

(

a) an application under

section 18.1 of the Divorce Act

(Canada) that is received by the Court from a designated

authority in another province, and

(

b) an application under

section 19 of the Divorce Act

(Canada) that is received by the Court from a

responsible authority in a designated jurisdiction.

(2) Where the Court receives an application referred to in subrule

(1)(

a) or (b), the court clerk must, one month or more before the

application is to be heard or considered, serve the respondent with

(

a) the application and all supporting documents received

from the designated authority in the other province or

from the responsible authority in the designated

jurisdiction, as the case may be,

(

b) a notice of interjurisdictional support hearing in Form

FL-20, and

(

c) a blank copy of ISO Form I and ISO Form L established

under

section 38 of the Interjurisdictional Support

Orders Act, along with information as to where the

respondent may locate other forms established under

that

section that may be relevant to respond to the

application.

(3) If the respondent intends to rely on an affidavit or other

evidence when the application is heard or considered, the

respondent must reply by filing ISO Form I and ISO Form L

established under

section 38 of the Interjurisdictional Support

Orders Act, along with any other forms established under that

section that may be relevant to respond to the application, within a

reasonable time before the date the application is to be heard or

considered.

(4) The respondent is not required to serve the documents filed

under subrule (3) on the applicant.

(5) Where the Court makes an order that further evidence is

required from the applicant, the court clerk must forward a copy of

the order by ordinary mail to the applicant and to the designated

authority in Alberta.

(6) On receipt of the applicant's further evidence, the court clerk

must file the evidence and serve it on the respondent along with

(

a) a notice of interjurisdictional support hearing in Form

FL-20, if no adjournment date was set by the Court

when making the order under subrule (5), or

(

b) a reminder of the hearing date, if an adjournment date

was set by the Court when making the order under

subrule (5).

(7) If the applicant's further evidence is not received within 12

months after the day on which the order was forwarded to the

applicant under subrule (5), the court clerk must serve the

applicant and the respondent

(

a) with a notice of interjurisdictional support hearing in

Form FL-20, if no adjournment date was set by the

Court when making the order under subrule (5), or

(

b) with a reminder of the hearing date, if an adjournment

date was set by the Court when making the order

referred to in subrule (5).

(8) Service on the applicant and the respondent for the purpose of

subrule (6) or (7) may be effected by ordinary mail.

(9) Where the court makes a final order, the court clerk must

forward a certified copy of the final order, along with a copy of any

evidence the respondent filed with the court for the purpose of the

application, to the designated authority in Alberta and to the

applicant.

16 Rule 12.50(3)(

d) is amended by striking out "solicitor"

and substituting "lawyer".

17 Rule 12.52 is repealed and the following is substituted:

Registration of order made in another province under the Divorce Act

(Canada)

12.52 An order made under the Divorce Act (Canada) by a court in

a province other than Alberta respecting child support, spousal

support, parenting time, decision-making responsibility or contact

may be registered in Alberta by filing a certified copy of the order

with the court clerk, and on that being done the clerk must enter the

order as an order of the Court.

18 Rule 12.53 is amended

(

a) by renumbering it as rule 12.53(1);

(

b) in subrule (1) by striking out "and" at the end of

clause (f), adding "and" at the end of clause (

g) and

adding the following after clause (g):

(

h) an order under rule 12.451(6), the order must be in

Form FL-31.1.

(

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

(2) Every judgment or order for parenting time,

decision-making responsibility, contact, child support or

spousal or partner support must include a reference within its

preamble stating the name of the enactment under which the

judgment or order is granted.

(3) Subject to

section 16.6 of the Divorce Act (Canada), if a

parenting plan is submitted to the Court in support of a consent

judgment or order for parenting time, decision-making

responsibility or contact,

(

a) the consent judgment or order must set out the specific

parenting time, decision-making responsibility or

contact terms that the parties to the parenting plan have

agreed to include in the consent judgment or order, and

(

b) the parenting plan must be attached as a

schedule to the

consent judgment or order.

19 Rule 12.55(1) is amended by adding the following after

clause (e):

(e.1) a family application under

section 22.1 of the Divorce Act

(Canada) for recognition of a decision made by a competent

authority that has the effect of varying, rescinding or

suspending a parenting order or contact order made under

that Act, and any affidavit in support of the application;

(e.2) a family application

(

i) for a parenting order or an interim parenting order,

including an application for permission to apply for

such an order, made by a person referred to in paragraph

16.1(1)(

b) of the Divorce Act (Canada),

(ii) for a contact order or an interim contact order, including

an application for permission to apply for such an order,

made by a person referred to in subsection 16.5(1) of

the Divorce Act (Canada),

(iii) for an order to vary, suspend or rescind a parenting

order, including an application for permission to apply

for such an order, made by a person referred to in

subparagraph 17(1)(b)(ii) of the Divorce Act (Canada),

(iv) for an order to vary, suspend or rescind a contact order,

made by a person referred to in paragraph 17(1)(

c) of

the Divorce Act (Canada),

and any affidavit in support of the application;

20 Rule 14.14(2)(

b) is amended by striking out "custody,

access, parenting or support of a child" and substituting "custody,

access, guardianship, parenting time, decision-making responsibility,

contact or support in respect of a child".

Schedule A is amended

(

a) in the table preceding Form FL-1 by striking out the

following:

Provisional Order Information Form

12.46(1)

FL-19

Notice of Confirmation Hearing

12.47(1)(

a) FL-20

Request for Divorce (without oral

evidence)

12.50(3)

FL-21

Joint Request for Divorce (without oral

evidence)

12.50(3)

FL-22

Affidavit of Applicant for Divorce

12.50(3)

FL-23

Affidavit of Applicants for Divorce

(Joint)

12.50(3)

FL-24

Divorce Judgment (without oral evidence)

12.53(

a) FL-25

Divorce Judgment and Corollary Relief

Order (without oral evidence)

12.53(

b) FL-26

Corollary Relief Order

12.53(

c) FL-27

Variation Order

12.53(

d) FL-28

Order for Exclusive Possession of

Family/Matrimonial Home

12.53(e),

(e.1)

FL-29

Restraining Order Without Notice

12.53(

f) FL-30

Restraining Order

12.53(

g) FL-31

and substituting the following:

Family Application to Vary Support

Under the Divorce Act (Canada) Where

Respondent Lives in Another Canadian

Province/Territory

12.451(1)

FL-19

Request to Convert -

Section 18.2 of the

Divorce Act (Canada)

12.451(3),

(5) FL-19.1

Notice of Interjurisdictional Support

Hearing -

Section 18.1 or 19 of the

Divorce Act (Canada)

12.47(2)(b),

(6)(a), (7)(

a) FL-20

Request for Divorce (without oral

evidence)

12.50(3)(

a) FL-21

Joint Request for Divorce (without oral

evidence)

12.50(3)(

a) FL-22

Affidavit of Applicant for Divorce

12.50(3)(

b) FL-23

Affidavit of Applicants for Divorce

(Joint)

12.50(3)(

b) FL-24

Divorce Judgment (without oral evidence)

12.50(3)(c),

12.53(1)(

a) FL-25

Divorce Judgment and Corollary Relief

Order (without oral evidence)

12.50(3)(c),

12.53(1)(

b) FL-26

Corollary Relief Order

12.53(1)(

c) FL-27

Variation Order

12.53(1)(

d) FL-28

Order for Exclusive Possession of

Family/Matrimonial Home

12.53(1)(e),

(e.1)

FL-29

Restraining Order Without Notice

12.53(1)(

f) FL-30

Restraining Order

12.53(1)(

g) FL-31

Conversion Order

12.451(6),

12.53(1)(

h) FL-31.1

(

b) in Form FL-1

(

i) in paragraph 1 by repealing subparagraphs

(3) and (4) and substituting the following:

(3) Particulars respecting the Plaintiff:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(4) Particulars respecting the Defendant:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(ii) in paragraph 2 by striking out "ordinarily" and

substituting "habitually";

(iii) in paragraph 6 by repealing subparagraphs

(2) to (4) and substituting the following:

(2) The Plaintiff proposes parenting arrangements for

each child as follows:

(Describe the proposed allocation of parenting

time and decision-making responsibility between

the parties.)

(3) If written notice of a change of residence or

relocation is required to be given under

section

16.8 or 16.9 of the Divorce Act (Canada), the

Plaintiff proposes that notice be given as follows:

(

a) The Plaintiff will provide written notice to

the Defendant by: (specify how the written

notice will be delivered to the Defendant, e.g.

by mail, in person, by email, etc.)

(

b) The Defendant will provide written notice to

the Plaintiff by: (specify how the written

notice will be delivered to the Plaintiff, e.g.

by mail, in person, by email, etc.)

(4) The Plaintiff proposes financial arrangements for

each child as follows:

(iv) in paragraph 7 by striking out "custody, access,

parenting" and substituting "parenting";

(

v) by repealing paragraph 8 and substituting the

following:

8(1) The details of any other court proceedings in

regard to the marriage, parenting arrangements and

support of the children or support of the parties are

as follows:

(2) The details of any

(

a) court proceedings for a civil or family

restraining order or a protection order under

the Protection Against Family Violence Act,

(

b) court proceedings, agreements or measures

relating to child protection, or

(

c) proceedings, undertakings or recognizances

relating to any matter of a criminal nature

involving the parties, and the details of any orders

in effect relating to any of these matters, are as

follows:

(vi) in paragraph 10 by striking out the following:

[] custody as proposed above;

[] access or parenting arrangements as proposed

above;

and substituting the following:

[] parenting arrangements as proposed above;

(vii) by striking out the following:

Statement of Solicitor

(where Plaintiff has a lawyer)

I, , the solicitor for the Plaintiff, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

DATED at , Alberta, this day

of , 20 .

olicitor for the Plaintiff

and substituting the following:

Statement of Plaintiff

I, , the Plaintiff, certify to the Court that I am aware

of the following duties imposed on me by sections 7.1 to 7.5 of the

Divorce Act (Canada):

1. I will exercise any parenting time, decision-making

responsibilities or contact with the child(ren) of the marriage

in a manner consistent with the best interests of the

child(ren).

2. I will protect the child(ren) of the marriage from conflict

arising from these legal proceedings, to the best of my

ability.

3. I will try to resolve the matters that may be the subject of an

order under the Act through a family dispute resolution

process, to the extent that it is appropriate to do so.

4. I will provide complete, accurate and up-to-date information

if required to do so under the Act.

5. If I am subject to an order made under the Act, I will comply

with the order until it is no longer in effect.

DATED at , Alberta, this day of

, 20 .

Signature of Plaintiff

Statement of Lawyer

(where Plaintiff has a lawyer)

I, ___________________, the lawyer for the Plaintiff, certify to the

Court that I have complied with the requirements of

section 7.7 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Lawyer for the Plaintiff

(

c) in Form FL-3

(

i) in paragraph 1 by repealing subparagraphs

(3) and (4) and substituting the following:

(3) Particulars respecting the Plaintiff:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(4) Particulars respecting the Defendant:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(ii) in paragraph 2 by striking out "ordinarily" and

substituting "habitually";

(iii) in paragraph 6 by repealing subparagraphs

(2) to (4) and substituting the following:

(2) The Plaintiff proposes parenting arrangements for

each child as follows:

(Describe the proposed allocation of parenting

time and decision-making responsibility between

the parties.)

(3) If written notice of a change of residence or

relocation is required to be given under

section

16.8 or 16.9 of the Divorce Act (Canada), the

Plaintiff proposes that notice be given as follows:

(

a) The Plaintiff will provide written notice to

the Defendant by: (specify how the written

notice will be delivered to the Defendant, e.g.

by mail, in person, by email, etc.)

(

b) The Defendant will provide written notice to

the Plaintiff by: (specify how the written

notice will be delivered to the Plaintiff, e.g.

by mail, in person, by email, etc.)

(4) The Plaintiff proposes financial arrangements for

each child as follows:

(iv) in paragraph 7 by striking out "custody, access,

parenting" and substituting "parenting";

(

v) by repealing paragraph 8 and substituting the

following:

8(1) The details of any other court proceedings in

regard to the marriage, parenting arrangements and

support of the children or support of the parties are

as follows:

(2) The details of any

(

a) court proceedings for a civil or family

restraining order or for a protection order

under the Protection Against Family Violence

Act,

(

b) court proceedings, agreements or measures

relating to child protection, or

(

c) proceedings, undertakings or recognizances

relating to any matter of a criminal nature

involving the parties, and the details of any orders

in effect relating to any of these matters, are as

follows:

(vi) in paragraph 17 by striking out the following:

[] custody as proposed above;

[] access or parenting arrangements as proposed

above;

and substituting the following:

[] parenting arrangements as proposed above;

(vii) by striking out the following:

Statement of Solicitor

(where Plaintiff has a lawyer)

I, , the solicitor for the Plaintiff, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Solicitor for the Plaintiff

and substituting the following:

Statement of Plaintiff

I, , the Plaintiff, certify to the Court that I am

aware of the following duties imposed on me by sections 7.1 to 7.5 of

the Divorce Act (Canada):

1. I will exercise any parenting time, decision-making

responsibilities or contact with the child(ren) of the marriage

in a manner consistent with the best interests of the

child(ren).

2. I will protect the child(ren) of the marriage from conflict

arising from these legal proceedings, to the best of my

ability.

3. I will try to resolve the matters that may be the subject of an

order under the Act through a family dispute resolution

process, to the extent that it is appropriate to do so.

4. I will provide complete, accurate and up-to-date information

if required to do so under the Act.

5. If I am subject to an order made under the Act, I will comply

with the order until it is no longer in effect.

DATED at , Alberta, this day of

, 20 .

Signature of Plaintiff

Statement of Lawyer

(where Plaintiff has a lawyer)

I, , the lawyer for the Plaintiff, certify to the Court

that I have complied with the requirements of

section 7.7 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Lawyer for the Plaintiff

(

d) in Form FL-3.1

(

i) in paragraph 1 by repealing subparagraphs

(3) and (4) and substituting the following:

(3) Particulars respecting the Plaintiff:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(4) Particulars respecting the Defendant:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(ii) in paragraph 2 by striking out "ordinarily" and

substituting "habitually";

(iii) in paragraph 6 by repealing subparagraphs

(2) to (4) and substituting the following:

(2) The Plaintiff proposes parenting arrangements for

each child as follows:

(Describe the proposed allocation of parenting

time and decision-making responsibility between

the parties.)

(3) If written notice of a change of residence or

relocation is required to be given under

section

16.8 or 16.9 of the Divorce Act (Canada), the

Plaintiff proposes that notice be given as follows:

(

a) The Plaintiff will provide written notice to

the Defendant by: (specify how the written

notice will be delivered to the Defendant, e.g.

by mail, in person, by email, etc.)

(

b) The Defendant will provide written notice to

the Plaintiff by: (specify how the written

notice will be delivered to the Plaintiff, e.g.

by mail, in person, by email, etc.)

(4) The Plaintiff proposes financial arrangements for

each child as follows:

(iv) in paragraph 7 by striking out "custody, access,

parenting" and substituting "parenting";

(

v) by repealing paragraph 8 and substituting the

following:

8(1) The details of any other court proceedings in

regard to the marriage, parenting arrangements and

support of the children or support of the parties are

as follows:

(2) The details of any

(

a) court proceedings for a civil or family

restraining order or for a protection order

under the Protection Against Family Violence

Act,

(

b) court proceedings, agreements or measures

relating to child protection, or

(

c) proceedings, undertakings or recognizances

relating to any matter of a criminal nature

involving the parties, and the details of any orders

in effect relating to any of these matters, are as

follows:

(vi) in paragraph 16 by striking out the following:

[] custody as proposed above;

[] access or parenting arrangements as proposed

above;

and substituting the following:

[] parenting arrangements as proposed above;

(vii) by striking out the following:

Statement of Solicitor

(where Plaintiff has a lawyer)

I, , the solicitor for the Plaintiff, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Solicitor for the Plaintiff

and substituting the following:

Statement of Plaintiff

I, , the Plaintiff, certify to the Court that I am

aware of the following duties imposed on me by sections 7.1 to 7.5 of

the Divorce Act (Canada):

1. I will exercise any parenting time, decision-making

responsibilities or contact with the child(ren) of the marriage

in a manner consistent with the best interests of the

child(ren).

2. I will protect the child(ren) of the marriage from conflict

arising from these legal proceedings, to the best of my

ability.

3. I will try to resolve the matters that may be the subject of an

order under the Act through a family dispute resolution

process, to the extent that it is appropriate to do so.

4. I will provide complete, accurate and up-to-date information

if required to do so under the Act.

5. If I am subject to an order made under the Act, I will comply

with the order until it is no longer in effect.

DATED at , Alberta, this day of

, 20 .

Signature of Plaintiff

Statement of Lawyer

(where Plaintiff has a lawyer)

I, , the lawyer for the Plaintiff, certify to the Court

that I have complied with the requirements of

section 7.7 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Lawyer for the Plaintiff

(

e) in Forms FL-4 and FL-4.1

(

i) in paragraph 2 by adding the following after

clause (c):

(

d) The details of any

(

i) court proceedings for a civil or family

restraining order or for a protection order

under the Protection Against Family Violence

Act,

(ii) court proceedings, agreements or measures

relating to child protection, or

(iii) proceedings, undertakings or recognizances

relating to any matter of a criminal nature

involving the parties, and the details of any orders

in effect relating to any of these matters, are as

follows:

(ii) by adding the following after paragraph 4:

Statement of Defendant

I, , the Defendant, certify to the Court that I am

aware of the following duties imposed on me by sections 7.1 to 7.5 of

the Divorce Act (Canada):

1. I will exercise any parenting time, decision-making

responsibilities or contact with the child(ren) of the marriage

in a manner consistent with the best interests of the

child(ren).

2. I will protect the child(ren) of the marriage from conflict

arising from these legal proceedings, to the best of my

ability.

3. I will try to resolve the matters that may be the subject of an

order under the Act through a family dispute resolution

process, to the extent that it is appropriate to do so.

4. I will provide complete, accurate and up-to-date information

if required to do so under the Act.

5. If I am subject to an order made under the Act, I will comply

with the order until it is no longer in effect.

DATED at , Alberta, this day of

, 20 .

Signature of Defendant

Statement of Lawyer

(where Defendant has a lawyer)

I, , the lawyer for the Defendant, certify to the

Court that I have complied with the requirements of

section 7.7 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

______________________

Lawyer for the Defendant

(

f) in Form FL-5

(

i) in paragraph 1 by repealing subparagraphs

(3) and (4) and substituting the following:

(3) Particulars respecting the Defendant:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(4) Particulars respecting the Plaintiff:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(ii) in paragraph 2 by striking out "ordinarily" and

substituting "habitually";

(iii) in paragraph 6 by repealing subparagraphs

(2) to (4) and substituting the following:

(2) The Defendant proposes parenting arrangements

for each child as follows:

(Describe the proposed allocation of parenting

time and decision-making responsibility between

the parties.)

(3) If written notice of a change of residence or

relocation is required to be given under

section

16.8 or 16.9 of the Divorce Act (Canada), the

Defendant proposes that notice be given as

follows:

(

a) The Plaintiff will provide written notice to

the Defendant by: (specify how the written

notice will be delivered to the Defendant, e.g.

by mail, in person, by email, etc.)

(

b) The Defendant will provide written notice to

the Plaintiff by: (specify how the written

notice will be delivered to the Plaintiff, e.g.

by mail, in person, by email, etc.)

(4) The Defendant proposes financial arrangements

for each child as follows:

(iv) in paragraph 7 by striking out "custody, access,

parenting" and substituting "parenting";

(

v) by repealing paragraph 8 and substituting the

following:

8(1) The details of any other court proceedings in

regard to the marriage, parenting arrangements and

support of the children or support of the parties are

as follows:

(2) The details of any

(

a) court proceedings for a civil or family

restraining order or for a protection order

under the Protection Against Family Violence

Act,

(

b) court proceedings, agreements or measures

relating to child protection, or

(

c) proceedings, undertakings or recognizances

relating to any matter of a criminal nature

involving the parties, and the details of any orders

in effect relating to any of these matters, are as

follows:

(vi) in paragraph 10 by striking out the following:

[] custody as proposed above;

[] access or parenting arrangements as proposed

above;

and substituting the following:

[] parenting arrangements as proposed above;

(vii) by striking out the following:

Statement of Solicitor

(where Defendant has a lawyer)

I, , the solicitor for the Defendant, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Solicitor for the Defendant

and substituting the following:

Statement of Defendant

I, , the Defendant, certify to the Court that I am

aware of the following duties imposed on me by sections 7.1 to 7.5 of

the Divorce Act (Canada):

1. I will exercise any parenting time, decision-making

responsibilities or contact with the child(ren) of the marriage

in a manner consistent with the best interests of the

child(ren).

2. I will protect the child(ren) of the marriage from conflict

arising from these legal proceedings, to the best of my

ability.

3. I will try to resolve the matters that may be the subject of an

order under the Act through a family dispute resolution

process, to the extent that it is appropriate to do so.

4. I will provide complete, accurate and up-to-date information

if required to do so under the Act.

5. If I am subject to an order made under the Act, I will comply

with the order until it is no longer in effect.

DATED at , Alberta, this day of

, 20 .

Signature of Defendant

Statement of Lawyer

(where Defendant has a lawyer)

I, , the lawyer for the Defendant, certify to the

Court that I have complied with the requirements of

section 7.7 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Lawyer for the Defendant

(

g) in Form FL-7

(

i) in paragraph 1 by repealing subparagraphs

(3) and (4) and substituting the following:

(3) Particulars respecting the Defendant:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(4) Particulars respecting the Plaintiff:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(ii) in paragraph 2 by striking out "ordinarily" and

substituting "habitually";

(iii) in paragraph 6 by repealing subparagraphs

(2) to (4) and substituting the following:

(2) The Defendant proposes parenting arrangements

for each child as follows:

(Describe the proposed allocation of parenting

time and decision-making responsibility between

the parties.)

(3) If written notice of a change of residence or

relocation is required to be given under

section

16.8 or 16.9 of the Divorce Act (Canada), the

Defendant proposes that notice be given as

follows:

(

a) The Plaintiff will provide written notice to

the Defendant by: (specify how the written

notice will be delivered to the Defendant, e.g.

by mail, in person, by email, etc.)

(

b) The Defendant will provide written notice to

the Plaintiff by: (specify how the written

notice will be delivered to the Plaintiff, e.g.

by mail, in person, by email, etc.)

(4) The Defendant proposes financial arrangements

for each child as follows:

(iv) in paragraph 7 by striking out "custody, access,

parenting" and substituting "parenting";

(

v) by repealing paragraph 8 and substituting the

following:

8(1) The details of any other court proceedings in

regard to the marriage, parenting arrangements and

support of the children or support of the parties are

as follows:

(2) The details of any

(

a) court proceedings for a civil or family

restraining order or for a protection order

under the Protection Against Family Violence

Act,

(

b) court proceedings, agreements or measures

relating to child protection, or

(

c) proceedings, undertakings or recognizances

relating to any matter of a criminal nature

involving the parties, and the details of any orders

in effect relating to any of these matters, are as

follows:

(vi) in paragraph 17 by striking out the following:

[] custody as proposed above;

[] access or parenting arrangements as proposed

above;

and substituting the following:

[] parenting arrangements as proposed above;

(vii) by striking out the following:

Statement of Solicitor

(where Defendant has a lawyer)

I, , the solicitor for the Defendant, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Solicitor for the Defendant

and substituting the following:

Statement of Defendant

I, , the Defendant, certify to the Court that I am

aware of the following duties imposed on me by sections 7.1 to 7.5 of

the Divorce Act (Canada):

1. I will exercise any parenting time, decision-making

responsibilities or contact with the child(ren) of the marriage

in a manner consistent with the best interests of the

child(ren).

2. I will protect the child(ren) of the marriage from conflict

arising from these legal proceedings, to the best of my ability.

3. I will try to resolve the matters that may be the subject of an

order under the Act through a family dispute resolution

process, to the extent that it is appropriate to do so.

4. I will provide complete, accurate and up-to-date information

if required to do so under the Act.

5. If I am subject to an order made under the Act, I will comply

with the order until it is no longer in effect.

DATED at , Alberta, this day of

, 20 .

Signature of Defendant

Statement of Lawyer

(where Defendant has a lawyer)

I, , the lawyer for the Defendant, certify to the

Court that I have complied with the requirements of

section 7.7 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Lawyer for the Defendant

(

h) in Form FL-7.1

(

i) in paragraph 1 by repealing subparagraphs

(3) and (4) and substituting the following:

(3) Particulars respecting the Defendant:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(4) Particulars respecting the Plaintiff:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(ii) in paragraph 2 by striking out "ordinarily" and

substituting "habitually";

(iii) in paragraph 6 by repealing subparagraphs

(2) to (4) and substituting the following:

(2) The Defendant proposes parenting arrangements

for each child as follows:

(Describe the proposed allocation of parenting

time and decision-making responsibility between

the parties.)

(3) If written notice of a change of residence or

relocation is required to be given under

section

16.8 or 16.9 of the Divorce Act (Canada), the

Defendant proposes that notice be given as

follows:

(

a) The Plaintiff will provide written notice to

the Defendant by: (specify how the written

notice will be delivered to the Defendant, e.g.

by mail, in person, by email, etc.)

(

b) The Defendant will provide written notice to

the Plaintiff by: (specify how the written

notice will be delivered to the Plaintiff, e.g.

by mail, in person, by email, etc.)

(4) The Defendant proposes financial arrangements

for each child as follows:

(iv) in paragraph 7 by striking out "custody, access,

parenting" and substituting "parenting";

(

v) by repealing paragraph 8 and substituting the

following:

8(1) The details of any other court proceedings in

regard to the marriage, parenting arrangements and

support of the children or support of the parties are

as follows:

(2) The details of any

(

a) court proceedings for a civil or family

restraining order or for a protection order

under the Protection Against Family Violence

Act,

(

b) court proceedings, agreements or measures

relating to child protection, or

(

c) proceedings, undertakings or recognizances

relating to any matter of a criminal nature

involving the parties, and the details of any orders

in effect relating to any of these matters, are as

follows:

(vi) in paragraph 16 by striking out the following:

[] custody as proposed above;

[] access or parenting arrangements as proposed

above;

and substituting the following:

[] parenting arrangements as proposed above;

(vii) by striking out the following:

Statement of Solicitor

(where Defendant has a lawyer)

I, , the solicitor for the Defendant, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Solicitor for the Defendant

and substituting the following:

Statement of Defendant

I, , the Defendant, certify to the Court that I am

aware of the following duties imposed on me by sections 7.1 to 7.5 of

the Divorce Act (Canada):

1. I will exercise any parenting time, decision-making

responsibilities or contact with the child(ren) of the marriage

in a manner consistent with the best interests of the

child(ren).

2. I will protect the child(ren) of the marriage from conflict

arising from these legal proceedings, to the best of my

ability.

3. I will try to resolve the matters that may be the subject of an

order under the Act through a family dispute resolution

process, to the extent that it is appropriate to do so.

4. I will provide complete, accurate and up-to-date information

if required to do so under the Act.

5. If I am subject to an order made under the Act, I will comply

with the order until it is no longer in effect.

DATED at , Alberta, this day of

, 20 .

Signature of Defendant

Statement of Lawyer

(where Defendant has a lawyer)

I, , the lawyer for the Defendant, certify to the

Court that I have complied with the requirements of

section 7.7 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Lawyer for the Defendant

(

i) in Form FL-8

(

i) by striking out the following:

WIFE

HUSBAND

DOCUMENT JOINT STATEMENT OF

CLAIM FOR DIVORCE

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

WIFE

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

HUSBAND

and substituting the following:

SPOUSE 1

SPOUSE 2

DOCUMENT JOINT STATEMENT OF

CLAIM FOR DIVORCE

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

SPOUSE 1

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

SPOUSE 2

(ii) in paragraph 1 by repealing subparagraphs

(3) and (4) and substituting the following:

(3) Particulars respecting Spouse 1:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(4) Particulars respecting Spouse 2:

Address:

Date of birth:

Place of birth:

Surname at birth:

Surname at the time of marriage:

Gender at the time of marriage:

(Male/Female/Another gender)

Marital status at the time of marriage:

(iii) in paragraph 2 by striking out "The Wife (or the

Husband) has been ordinarily" and substituting

"Spouse 1 (or Spouse 2) has been habitually";

(iv) in paragraph 3 by striking out "The Wife and the

Husband" and substituting "The parties";

(

v) in paragraph 6 by repealing subparagraphs

(2) to (4) and substituting the following:

(2) The Parties propose parenting arrangements for

each child as follows:

(Describe the proposed allocation of parenting

time and decision-making responsibility between

the parties.)

(3) If written notice of a change of residence or

relocation is required to be given under

section

16.8 or 16.9 of the Divorce Act (Canada), the

Parties propose that notice be given as follows:

(

a) Spouse 1 will provide written notice to

Spouse 2 by: (specify how the written notice

will be delivered to Spouse 2, e.g. by mail, in

person, by email, etc.)

(

b) Spouse 2 will provide written notice to

Spouse 1 by: (specify how the written notice

will be delivered to Spouse 1, e.g. by mail, in

person, by email, etc.)

(4) The Parties propose financial arrangements for

each child as follows:

(Include any agreement regarding retroactive

child support.)

(vi) in paragraph 7 by striking out "custody, access,

parenting" and substituting "parenting";

(vii) by repealing paragraph 8 and substituting the

following:

8(1) The details of any other court proceedings in

regard to the marriage, parenting arrangements and

support of the children or support of the parties are

as follows:

(2) The details of any

(

a) court proceedings for a civil or family

restraining order or for a protection order

under the Protection Against Family Violence

Act,

(

b) court proceedings, agreements or measures

relating to child protection, or

(

c) proceedings, undertakings or recognizances

relating to any matter of a criminal nature

involving the parties, and the details of any orders

in effect relating to any of these matters, are as

follows:

(viii) by striking out the following:

9. The Parties have agreed that there will be no spousal

support paid to either party.

9. The Parties have agreed that spousal support will be

paid by the Wife (or the Husband) to the Husband (or

the Wife) as follows:

(include any agreement regarding retroactive spousal

support)

and substituting the following:

9. The Parties have agreed that

[] there will be no spousal support paid to either

party.

[] spousal support will be paid by

[] Spouse 1 to Spouse 2

[] Spouse 2 to Spouse 1

as follows:

(Include any agreement regarding retroactive spousal

support.)

(ix) in paragraph 10 by striking out the following:

[] custody as proposed above;

[] access or parenting arrangement as proposed

above;

[] child support as proposed above;

[] support for the Wife/Husband as proposed above;

and substituting the following:

[] parenting arrangement as proposed above;

[] child support as proposed above;

[] spousal support as proposed above;

(

x) by striking out the following:

Statement of Wife's Solicitor

(where Wife has a lawyer)

I, , the solicitor for the Wife, certify to the Court

that I have complied with the requirements of

section 9 of the Divorce

Act (Canada).

DATED at , Alberta, this day of

, 20 .

Solicitor for the Wife

Statement of Husband's Solicitor

(where Husband has a lawyer)

I, , the solicitor for the Husband, certify to the

Court that I have complied with the requirements of

section 9 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Solicitor for the Husband

and substituting the following:

Statement of Spouse 1

I, , Spouse 1, certify to the Court that I am aware

of the following duties imposed on me by sections 7.1 to 7.5 of the

Divorce Act (Canada):

1. I will exercise any parenting time, decision-making

responsibilities or contact with the child(ren) of the marriage

in a manner consistent with the best interests of the

child(ren).

2. I will protect the child(ren) of the marriage from conflict

arising from these legal proceedings, to the best of my

ability.

3. I will try to resolve the matters that may be the subject of an

order under the Act through a family dispute resolution

process, to the extent that it is appropriate to do so.

4. I will provide complete, accurate and up-to-date information

if required to do so under the Act.

5. If I am subject to an order made under the Act, I will comply

with the order until it is no longer in effect.

DATED at , Alberta, this day of

, 20 .

Signature of Spouse 1

Statement of Lawyer for Spouse 1

(where Spouse 1 has a lawyer)

I, , the lawyer for Spouse 1, certify to the Court

that I have complied with the requirements of

section 7.7 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Lawyer for Spouse 1

Statement of Spouse 2

I, , Spouse 2, certify to the Court that I am aware

of the following duties imposed on me by sections 7.1 to 7.5 of the

Divorce Act (Canada):

1. I will exercise any parenting time, decision-making

responsibilities or contact with the child(ren) of the marriage

in a manner consistent with the best interests of the

child(ren).

2. I will protect the child(ren) of the marriage from conflict

arising from these legal proceedings, to the best of my

ability.

3. I will try to resolve the matters that may be the subject of an

order under the Act through a family dispute resolution

process, to the extent that it is appropriate to do so.

4. I will provide complete, accurate and up-to-date information

if required to do so under the Act.

5. If I am subject to an order made under the Act, I will comply

with the order until it is no longer in effect.

DATED at , Alberta, this day of

, 20 .

Signature of Spouse 2

Statement of Lawyer for Spouse 2

(where Spouse 2 has a lawyer)

I, , the lawyer for Spouse 2, certify to the Court

that I have complied with the requirements of

section 7.7 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Lawyer for Spouse 2

(

j) in Form FL-9 by striking out the following:

JUDICIAL CENTRE

WIFE

HUSBAND

and substituting the following:

JUDICIAL CENTRE

SPOUSE 1

SPOUSE 2

(

k) in Form FL-14

(

i) by repealing paragraph 5 and substituting the

following:

5. Are there now, or have there ever been, any proceedings

against the Respondent in this Court or the Provincial

Court respecting divorce, child support, spousal support

or custody, access, guardianship, parenting time,

decision-making responsibility or contact in respect of a

child?

[] Yes [] No

If yes, please provide the court file number(s):

(ii) in paragraph 9 by striking out "access for all

children" and substituting "parenting time or contact

with each child as follows";

(

l) in Forms FL-15 to FL-17 by striking out "solicitor"

wherever it occurs and substituting "lawyer";

(

m) in Form FL-18 by repealing the warning after

paragraph 7 and substituting the following:

(If this application is made under the Divorce Act (Canada), include

the following Statement of Applicant and Statement of Lawyer:)

Statement of Applicant

I, , the Applicant, certify to the Court that

1. I am aware of the following duties imposed on me by

sections 7.1 to 7.5 of the Divorce Act (Canada):

(

a) I will exercise any parenting time, decision-making

responsibilities or contact with the child(ren) of the marriage

in a manner consistent with the best interests of the

child(ren).

(

b) I will protect the child(ren) of the marriage from conflict

arising from these legal proceedings, to the best of my

ability.

(

c) I will try to resolve the matters that may be the subject of an

order under the Act through a family dispute resolution

process, to the extent that it is appropriate to do so.

(

d) I will provide complete, accurate and up-to-date information

if required to do so under the Act.

(

e) If I am subject to an order made under the Act, I will comply

with the order until it is no longer in effect.

(If this application is made for corollary relief under the Divorce

Act (Canada), include the following statement:)

2. At this time (check one option)

[] there is in effect a civil or family restraining order, a

protection order under the Protection Against Family

Violence Act, an order, agreement or measure relating to

child protection or an order, undertaking or recognizance in

relation to a matter of a criminal nature, or there is a pending

proceeding relating to one or more of these matters,

involving the parties to this application. (Attach copies of any

court orders made in these matters to the affidavit filed in

support of this application.)

[] to my knowledge there are no civil or family restraining

orders, protection orders under the Protection Against Family

Violence Act, orders, agreements or measures relating to

child protection or orders, undertakings or recognizances in

relation to matters of a criminal nature, and no pending

proceedings relating to any of these matters, involving the

parties to this application.

DATED at , Alberta, this day of

, 20 .

Signature of Applicant

Statement of Lawyer

(where Applicant has a lawyer)

I, , the lawyer for the Applicant, certify to the

Court that I have complied with the requirements of

section 7.7 of the

Divorce Act (Canada).

DATED at , Alberta, this day of

, 20 .

Lawyer for the Applicant

WARNING

If you do not come to Court on the date and at the time shown

above either in person or by your lawyer, the Court may give

the Applicant(

s) what they want in your absence. You will be

bound by any order that the Court makes.

If you intend to give evidence in response to the application, you

must reply by filing an affidavit or other evidence with the Court

and serving a copy of that affidavit or other evidence on the

Applicant(

s) a reasonable time before the application is to

be heard or considered.

(

n) by repealing Forms FL-19 and FL-20 and

substituting the following:

Form FL-19

[Rule 12.451(1)]

Clerk's stamp:

COURT FILE NUMBER

COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL CENTRE

APPLICANT

RESPONDENT

DOCUMENT FAMILY APPLICATION

TO VARY SUPPORT UNDER

THE DIVORCE ACT (CANADA)

WHERE RESPONDENT LIVES

IN ANOTHER CANADIAN

PROVINCE/TERRITORY

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

NOTICE TO THE RESPONDENT(S):

This application is made against you. You are the Respondent.

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

judge.

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

shown below:

Court Date: ___________________

Time: ___________________

Where: ___________________

Before Whom: ___________________

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

when you must do it.

Remedy claimed or sought:

Grounds for making this application:

Material or evidence to be relied on:

Applicable rules:

4. Alberta Rules of Court (AR 124/2010), rule 12.451(1)

Applicable Acts and regulations:

5. Divorce Act (Canada), paragraph 17(1)(

a) Any irregularity complained of or objection relied on:

How the application is proposed to be heard or considered:

Statement of Applicant

I, , the Applicant, certify to the Court that

1. I am aware of the following duties imposed on me by

sections 7.1 to 7.5 of the Divorce Act (Canada):

(

a) I will exercise any parenting time, decision-making

responsibilities or contact with the child(ren) of the marriage

in a manner consistent with the best interests of the

child(ren).

(

b) I will protect the child(ren) of the marriage from conflict

arising from these legal proceedings, to the best of my

ability.

(

c) I will try to resolve the matters that may be the subject of an

order under the Act through a family dispute resolution

process, to the extent that it is appropriate to do so.

(

d) I will provide complete, accurate and up-to-date information

if required to do so under the Act.

(

e) If I am subject to an order made under the Act, I will comply

with the order until it is no longer in effect.

2. At this time (check one option)

[] there is in effect a civil or family restraining order, a

protection order under the Protection Against Family

Violence Act, an order, agreement or measure relating to

child protection or an order, undertaking or recognizance in

relation to a matter of a criminal nature, or there is a pending

proceeding relating to one or more of these matters,

involving the parties to this application. (Attach copies of any

court orders made in these matters to the affidavit filed in

support of this application.)

[] to my knowledge there are no civil or family restraining

orders, protection orders under the Protection Against Family

Violence Act, orders, agreements or measures relating to

child protection or orders, undertakings or recognizances in

relation to matters of a criminal nature, and no pending

proceedings relating to any of these matters, involving the

parties to this application.

DATED at , Alberta, this day of ,

20 .

Signature of Applicant

Statement of Lawyer

(where Applicant has a lawyer)

I, , the lawyer for the Applicant, certify to the Court

that I have complied with the requirements of

section 7.7 of the

Divorce Act (Canada).

DATED at , Alberta, this day of ,

20 .

Lawyer for the Applicant

WARNING

Because you reside outside the province of Alberta, you have 2

options to respond to this application:

1. If you would like this application to be heard in your

jurisdiction (not in Alberta), you must file a Request to

Convert, requesting that the Court convert this application to

an interjurisdictional proceeding. You must file the Request

to Convert (Form FL-19.1) with the Court and serve it on the

Applicant within 40 days of the date you were served with

this application. If you file a Request to Convert, the Court

may, on the court date for this support application, direct that

this application be converted to an interjurisdictional

proceeding under

section 18.1 of the Divorce Act (Canada).

2. If you would like this application to be heard in Alberta and

you intend to give evidence in response to the application,

you must reply by filing an affidavit or other evidence with

the Court and serving a copy of that affidavit or other

evidence on the Applicant(

s) a reasonable time before the

application is to be heard or considered.

If you do not come to Court on the date and at the time shown

above, either in person or by your lawyer, the Court may give

the Applicant(

s) what they want in your absence. You will be

bound by any order that the Court makes.

It may be possible for you to appear in Court by telephone or

videoconference. Please contact the Court at the appropriate

Judicial Centre before the court date to see if these arrangements

can be made.

Form FL-19.1

[Rule 12.451(3), (5)]

Clerk's stamp:

COURT FILE NUMBER

COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL CENTRE

APPLICANT

RESPONDENT

DOCUMENT REQUEST TO CONVERT -

SECTION 18.2 OF THE

DIVORCE ACT (CANADA)

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

(This form may be filed under

section 18.2 of the Divorce Act

(Canada) by the Respondent to a support variation application made

under that Act in Alberta, if the Respondent habitually resides in a

different province/territory of Canada and wishes to request that the

application be converted to an interjurisdictional proceeding under

section 18.1 of that Act.)

TO THE COURT CLERK:

1. I, (name) , request that the support variation

application filed by (name) on (date) be converted

to an interjurisdictional proceeding under

section 18.1 of the

Divorce Act (Canada).

2. My province or territory of residence

is (province/territory of Canada) .

3. My address for service in my province of residence and my

contact information are as follows:

Address:

Telephone number:

Email address:

FOR USE BY ORDER ASSIGNEE ONLY

(Name of order assignee) in (province/territory) requests that the

support variation application filed by (name) on (date) be

converted to an interjurisdictional proceeding under

section 18.1 of the

Divorce Act (Canada).

Address for service and contact information of the Order Assignee:

Form FL-20

[Rule 12.47(2)(b), (6)(a), (7)(a)]

Clerk's stamp:

COURT FILE NUMBER

COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL CENTRE

APPLICANT

RESPONDENT

DOCUMENT NOTICE OF INTERJURISDICTIONAL

SUPPORT HEARING -

SECTION 18.1

OR 19 OF THE DIVORCE ACT (CANADA)

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

NOTICE TO THE RESPONDENT:

This application is made against you. You are a Respondent. You

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

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

shown below:

Court Date: ___________________

Time: ___________________

Where: ___________________

Before Whom: ___________________

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

when you must do it.

Remedy claimed or sought:

1. The Applicant, (Name of applicant) , requests a

[] support order

[] support variation order

against the Respondent, (Name of respondent) .

Grounds for making this application:

2. The Court has received

[] a support variation application made by or on behalf of the

Applicant under

section 18.1 of the Divorce Act (Canada).

[] a support application or support variation application made

by or on behalf of the Applicant under

section 19 of the

Divorce Act (Canada).

A copy of the application is attached to this Notice of Hearing.

Material or evidence to be relied on:

3. All material and evidence forwarded by the jurisdiction

where the Applicant resides. The material and evidence are

attached to this Notice of Hearing.

Applicable rules:

4. Rule 12.47 of the Alberta Rules of Court.

Applicable Acts and regulations:

5. The following

section of the Divorce Act (Canada):

Section 18.1

Section 19

WARNING

If you do not come to Court on the date and at the time shown

above either in person or by your lawyer, the Court may give

the Applicant(

s) what they want in your absence. You will be

bound by any order that the Court makes.

If you intend to give evidence in response to the application,

you must reply by filing with the Court an ISO Form I, an ISO

Form L and any other forms established under

section 38 of the

Interjurisdictional Support Orders Act that may be relevant to

the application. You are not required to serve any of your

documents on the Applicant. Your documents must be filed a

reasonable time before the application is to be heard or

considered.

(

o) in Form FL-21

(

i) by striking out "Rule 12.50(3)" and substituting

"Rule 12.50(3)(a)";

(ii) by striking out "solicitor" wherever it occurs and

substituting "lawyer";

(

p) by repealing Form FL-22 and substituting the

following:

Form FL-22

[Rule 12.50(3)(a)]

Clerk's stamp:

COURT FILE NUMBER

COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL CENTRE

SPOUSE 1

SPOUSE 2

DOCUMENT JOINT REQUEST FOR DIVORCE

(WITHOUT ORAL EVIDENCE)

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

SPOUSE 1

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

SPOUSE 2

TO THE COURT CLERK:

1. We hereby apply for a Joint Divorce Judgment (Without Oral

Evidence).

2. We have issued a Joint Statement of Claim for Divorce and

each acknowledge receiving a copy of that document.

3. The affidavit evidence to be considered with our Joint

Statement of Claim for Divorce has been filed and is attached

hereto.

4. As we have filed a Joint Statement of Claim for Divorce, no

pleadings in response are required.

_____________________ _____________________

Spouse 1 or Lawyer Spouse 2 or Lawyer

for Spouse 1 for Spouse 2

(

q) in Form FL-23

(

i) by striking out "Rule 12.50(3)" and substituting

"Rule 12.50(3)(b)";

(ii) by adding the following after paragraph 16(b):

(

c) I understand that sections 16.8 and 16.9 of the

Divorce Act (Canada) require people with

parenting time and decision-making responsibility

to notify each other, in writing, regarding proposed

changes in residence or proposed relocations. The

method my spouse and I will use to provide

written notice to each other in the event of a

proposed change in residence or proposed

relocation is (check one)

[] set out in our consent Divorce Judgment.

[] set out in the written agreement referred to in

paragraph 15.

[] proposed in my Statement of Claim and my

spouse has been noted in default.

(

r) in Form FL-24

(

i) by striking out "Rule 12.50(3)" and substituting

"Rule 12.50(3)(b)";

(ii) by adding the following after paragraph 13(b):

(

c) My spouse and I understand that sections 16.8 and

16.9 of the Divorce Act (Canada) require people

with parenting time and decision-making

responsibility to notify each other, in writing,

regarding proposed changes in residence or

proposed relocations. The method my spouse and I

will use to provide written notice to each other in

the event of a proposed change in residence or

proposed relocation is (check one)

[] set out in our consent Divorce Judgment.

[] set out in the written agreement referred to in

paragraph 12.

(

s) in Form FL-25

(

i) by striking out "Rules 12.50(3)(

c) and 12.53(a)" and

substituting "Rules 12.50(3)(

c) and 12.53(1)(a)";

(ii) by striking out "Solicitor" wherever it occurs and

substituting "Lawyer";

(iii) by striking out "Wife and Husband" and

substituting "Spouse 1 and Spouse 2";

(

t) in Form FL-26

(

i) by striking out "Rules 12.50(3)(

c) and 12.53(b)" and

substituting "Rules 12.50(3)(

c) and 12.53(1)(b)";

(ii) by striking out "IT IS ORDERED" and

substituting "IT IS ORDERED THAT pursuant to

the Divorce Act (Canada)";

(iii) by striking out "Solicitor" wherever it occurs and

substituting "Lawyer";

(iv) by striking out "Wife and Husband" and

substituting "Spouse 1 and Spouse 2";

(

u) by repealing Form FL-27 and substituting the

following:

Form FL-27

[Rule 12.53(1)(c)]

Clerk's stamp:

COURT FILE NUMBER

COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL CENTRE

PLAINTIFF

DEFENDANT

DOCUMENT COROLLARY RELIEF ORDER

(Change this title to "Parenting

Order", "Child Support Order",

etc., as appropriate to reflect the

relief granted by the order.)

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

PARTY FILING THIS DOCUMENT

DATE ON WHICH ORDER WAS PRONOUNCED:

LOCATION OF HEARING OR TRIAL:

NAME OF JUDGE WHO GRANTED THIS ORDER:

THE COURT HAS REVIEWED THE AFFIDAVITS FILED IN

SUPPORT OF THIS APPLICATION AND HAS BEEN ADVISED

OF THE FOLLOWING:

THE DEFENDANT has a guideline income of $ ;

THE PLAINTIFF has a guideline income of $ ;

THE NAME AND BIRTHDATE of each child of the marriage is as

follows:

(Indicate full names and dates of birth

for each child of the marriage.)

THE PARTIES have agreed to depart from the Federal Child Support

Guidelines for the following reasons:

(use where appropriate and summarize reasons here)

THERE IS an agreed-upon parenting plan, a copy of which is attached

as

Schedule "A" to this Order, relating to the parenting time,

decision-making responsibility or contact with the child(ren) of the

marriage;

(use where appropriate)

THE PARTIES were divorced by a Divorce Judgment rendered on

(date) ;

(use where a Divorce Judgment has already been granted)

IT IS ORDERED THAT pursuant to the Divorce Act (Canada):

(add such corollary relief clauses as are appropriate in the

circumstances, numbered consecutively - see clauses below)

________________________________________

Justice of the Court of Queen's Bench of Alberta

Consented to by (OR Approved as Being the Order

granted by):

__________________________________

Plaintiff (OR Lawyer for the Plaintiff)

(if Plaintiff signs, attach Affidavit of Execution)

And by:

__________________________________

Defendant (OR Lawyer for the Defendant)

(if Defendant signs, attach Affidavit of Execution)

COROLLARY RELIEF CLAUSES

(These clauses are provided as a guide and are variable -

choose those which apply and make such changes as are

appropriate in the circumstances.)

1. The Plaintiff and the Defendant shall have parenting time

with the child(ren) of the marriage as follows:

2. The decision-making responsibilities for the child(ren) of the

marriage shall be allocated between the Plaintiff and the

Defendant as follows:

3. The Plaintiff and Defendant shall be bound by the following

terms of the parenting plan attached as

Schedule "A" to this

Order: (specify)

(List the parenting/contact terms the parties to the parenting

plan have agreed to incorporate into a court order.)

4. The Plaintiff/Defendant shall pay to the Defendant/Plaintiff

the sum of $ per month for the support of the

child(ren) of the marriage, payable on the first day of each

month, commencing (date) .

5. The Plaintiff/Defendant shall pay to the Defendant/Plaintiff

the sum of $ per month for additional expenses for

the child(ren) of the marriage, payable on the first day of

each month, commencing (date) , allocated as

follows:

NAME OF CHILD

NATURE OF

ADD-ON

AMOUNT OR

PERCENTAGE

6. The Plaintiff/Defendant shall provide medical and dental

insurance coverage for the child(ren) of the marriage.

7. The Plaintiff/Defendant shall pay to the Defendant/Plaintiff

the sum of $ per month for (name of

child) , who is a child of the marriage over the age of

majority, payable on the first day of each month,

commencing (date) .

8. The Plaintiff/Defendant, having satisfied the Court that

payment of the full amount of child support prescribed in the

Federal Child Support Guidelines would cause undue

hardship to (name) , shall pay to

the (Defendant/Plaintiff) for the support of the child(ren),

the sum of $ per month payable on the first day of

each month commencing (date) .

Child support shall be revisited in (month) of

(year) , it being determined that the cause of the undue

hardship should be eliminated by that date.

Commencing on (date) , the (Plaintiff/Defendant) shall

pay child support in the amounts prescribed by the

guidelines, namely $ .

9. The Plaintiff/Defendant shall pay spousal support to the

Defendant/Plaintiff in the sum of $ , payable on the

first day of each month commencing (date) .

(The following clause must be included in every support order

and should not be changed.)

10. The amounts owing under this Order shall be paid to the

Director of Maintenance Enforcement ("MEP"), 7th Floor

North, 10365 - 97 Street, Edmonton, Alberta, T5J 3W7,

780-422-5555 (website: www.albertamep.gov.ab.ca) and

shall be enforced by MEP on the filing of the Order with

MEP by the creditor (recipient of support) or debtor (payor

of support). The amounts owing shall continue to be enforced

by MEP until the party who filed this Order gives MEP notice

in writing withdrawing this Order from filing in accordance

with

section 9 of the Maintenance Enforcement Act.

(Unless otherwise ordered by the Court, the following clause

must be included in every child support order and should not

be changed. This clause applies in addition to any financial

disclosure requirements of the Alberta Child Support

Recalculation Program.)

11. For as long as there is a "child of the marriage" as defined in

the Divorce Act (Canada) [or a "child" as defined in

Part 3 of

the Family Law Act], the parties shall provide the following

information on an annual basis:

(

a) on or before June 30 of each year, each party must provide

the other party with a complete copy of the party's personal

income tax return, any Notice of Assessment or

Reassessment from the Canada Revenue Agency for the

preceding tax year, and the party's 2 most recent pay stubs. If

the party has not filed an income tax return for the preceding

year, then the party must, by June 30, provide the other party

with copies of the party's T4 slips and all other tax slips and

information disclosing any and all sources of income for the

preceding tax year;

(

b) a party that is a shareholder in a corporation, is

self-employed, is a partner in a partnership or is a beneficiary

under a trust must also provide the information required by

paragraphs 21(1)(d), (e), (

f) and (

g) of the Federal Child

Support Guidelines (SOR/97-175) [or the same provisions of

the Alberta Child Support Guidelines (AR 147/2005), as

applicable] for the preceding tax year.

(One of the following alternatives for clause 12 must be

included in every child support order and the content of the

alternative chosen should not be changed.)

12. This Order may be recalculated by the Alberta Child Support

Recalculation Program ("the Recalculation Program") based

on its anniversary date if eligible for recalculation and if the

Recalculation Program determines recalculation is

permissible and appropriate pursuant to the Family Law Act

and regulations. Either party may apply to register with the

Recalculation Program at 8th Floor, 10365 - 97 Street,

Edmonton, Alberta T5J 3W7, telephone 780-401-1111

(website: www.recalculation.alberta.ca). Should either party

fail to comply with the income disclosure requirements of the

Recalculation Program, then the income of that party may be

automatically deemed to have increased as set out in

section 55.51 of the Family Law Act.

12. This Order shall not be recalculated by the Alberta Child

Support Recalculation Program.

(Unless otherwise ordered by the Court, clauses 13 and 14

must be included in every parenting order made under the

Divorce Act (Canada) and should not be changed.)

13. Any person who has parenting time or decision-making

responsibility in respect of a child to whom this order applies,

and who intends to change their place of residence or the

residence of the child, shall notify every other person who

has parenting time, decision-making responsibility or contact

with the child under a court order.

This notification must be given by (specify method of

notification) and must include the date that the change of

residence will occur, the address of the new residence and

any change in contact information resulting from the change

in residence.

14. Any person who has parenting time or decision-making

responsibility in respect of a child to whom this order applies,

and who intends to relocate, shall notify, at least 60 days

before the relocation, every other person who has parenting

time, decision-making responsibility or contact with the child

under a court order.

This notification must be given in the form prescribed by the

regulations to the Divorce Act (Canada) by (specify method

of notification) .

(Unless otherwise ordered by the Court, clause 15 must be

included in every contact order made under the Divorce Act

(Canada) and should not be changed.)

15. Any person who has contact in respect of a child to which

this order applies shall notify any person with parenting time

or decision-making responsibility for that child of their

intention to change their place of residence. The notice must

be given in writing by (specify method of

notification) and must indicate the date when the change of

residence is expected to occur, the address of the new

residence and their contact information. If the change is

expected to significantly impact the child's relationship with

the person, notice shall be given at least 60 days prior to the

change in residence in the form prescribed by the regulations

to the Divorce Act (Canada).

(

v) in Form FL-28

(

i) by striking out "Rule 12.53(d)" and substituting

"Rule 12.53(1)(d)";

(ii) by striking out "Solicitor" wherever it occurs and

substituting "Lawyer";

(

w) in Form FL-29

(

i) by striking out "Rule 12.53(

e) and (e.1)" and

substituting "Rule 12.53(1)(

e) and (e.1) ";

(ii) by repealing paragraph 3 and substituting the

following:

3. Effective (date and time indicated in paragraph

2) , the Respondent is restrained from entering or

attending at or within (specify exact distance

according to circumstances)

metres of the family/matrimonial home [except as

required to exercise court ordered parenting time

or contact - use this or change according to

circumstances if there is an order for parenting

time or contact in place];

(iii) by striking out "Solicitor" wherever it occurs and

substituting "Lawyer";

(

x) in Form FL-30

(

i) by striking out "Rule 12.53(f)" and substituting

"Rule 12.53(1)(f)";

(ii) in paragraph 1 by striking out "[except as required

to exercise court ordered access - use this or change

according to circumstances if there is an order for

access in place]" and substituting "[except as

required to exercise court ordered parenting time or

contact - use this or change according to

circumstances if there is an order for parenting time or

contact in place].";

(

y) in Form FL-31

(

i) by striking out "Rule 12.53(g)" and substituting

"Rule 12.53(1)(g)";

(ii) in paragraph 1 by striking out "[except as required

to exercise court ordered access - use this or change

according to circumstances if there is an order for

access in place]" and substituting "[except as

required to exercise court ordered parenting time or

contact - use this or change according to

circumstances if there is an order for parenting time or

contact in place].";

(

z) by adding the following after Form FL-31:

Form FL-31.1

[Rules 12.451(6) and 12.53(1)(h)]

Clerk's stamp:

COURT FILE NUMBER

COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL CENTRE

APPLICANT

RESPONDENT

DOCUMENT CONVERSION ORDER

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

THE APPLICANT

ADDRESS FOR SERVICE AND

CONTACT INFORMATION OF

THE RESPONDENT

(Provide the respondent's address for service in the respondent's

province/territory of residence if the respondent has provided an

address for service in any court document or on the record during a

court appearance.)

DATE ON WHICH ORDER WAS PRONOUNCED:

LOCATION OF HEARING:

NAME OF JUDGE WHO MADE THIS ORDER:

THE COURT HAS REVIEWED THE DOCUMENTS FILED IN

SUPPORT OF THE APPLICATION FOR THIS ORDER AND

HAS BEEN ADVISED OF THE FOLLOWING:

An application has been made to the Court under paragraph 17(1)(

a) of the Divorce Act (Canada) for a variation order in respect of a

support order;

The Applicant habitually resides in Alberta and the Respondent

habitually resides in

(province/territory of Canada) ;

The child(ren) of the marriage habitually reside(

s) with

the (Applicant/Respondent) in (province/territory of

Canada) ;

The Respondent has (has not) been served with the application;

The Respondent has (has not) filed a response to the application;

The Respondent has (has not) filed a request to convert the support

variation application to an interjurisdictional proceeding under

section 18.1 of the Divorce Act (Canada);

The Applicant advises that the support order sought to be varied

[] has not been assigned to any minister, member, agency or

public body, or

[] has been assigned to a minister, member, agency or public

body, and

[] the order assignee has (has not) been served with the

support variation application, and

[] the order assignee has (has not) filed a request to

convert the support variation application to an

interjurisdictional proceeding under

section 18.1 of the

Divorce Act (Canada).

(Add any other factors that were significant in the granting of the

Order, including which parties appeared at the application, whether

or not they were represented by a lawyer, and why the Order was

necessary.)

(Optional paragraph - include if applicable:)

IN DETERMINING WHETHER TO GRANT THE REQUEST TO

CONVERT, THE COURT HAS TAKEN INTO CONSIDERATION

THAT the support variation application is accompanied by an

application for variation of a parenting order.

IT IS ORDERED pursuant to the Divorce Act (Canada):

1. The support variation application filed by the Applicant,

(name) , on (date) shall be converted into

an interjurisdictional proceeding and the support variation

application shall be considered as an application under

subsection 18.1(3) of the Divorce Act (Canada).

2. The Court Clerk shall send a copy of this Order and a copy of

the support variation application to the Designated Authority

in Alberta, who shall forward the documents

to (province/territory of Canada) in accordance with

subsection 18.1(4) of the Divorce Act (Canada).

(Include the following only where applicable:)

3. The application for variation of a parenting order, filed by the

Applicant, (name) , on (date) , shall be

transferred to the court in (province/territory of

Canada) .

________________________________________

Justice of the Court of Queen's Bench of Alberta

(aa) in Form FL-32 by striking out "Wife and Husband" and

substituting "Spouse 1 and Spouse 2";

(bb) in Form AP-1 by repealing paragraph 8 and

substituting the following:

8 Does this appeal involve custody, access,

guardianship, parenting time, decision-making

responsibility, contact or support in respect of a child?

(Rule 14.14(2)(b))

[] Yes [] No

22 The Appendix is amended

(

a) by repealing the definition "outside Alberta" and

substituting the following:

"outside Alberta" means outside Alberta and Canada, except

in the expressions "outside Alberta but within Canada",

"outside Alberta but in Canada" and "outside Alberta and in

Canada";

(

b) by repealing the definition "provisional order".

23 This Regulation has effect on the coming into force of

section 12 of

An Act to amend the Divorce Act, the Family

Orders and Agreements Enforcement Assistance Act and

the Garnishment, Attachment and Pension Diversion Act

and to make consequential amendments to another Act,

chapter 16 of the Statutes of Canada, 2019.

Alberta Regulation 24/2021

Alberta Health Care Insurance Act

OUT-OF-COUNTRY HEALTH SERVICES

AMENDMENT REGULATION

Filed: January 27, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 032/2021)

on January 27, 2021 pursuant to

section 16 of the Alberta Health Care Insurance Act.

1 The Out-of-Country Health Services Regulation

(AR 78/2006) is amended by this Regulation.

Section 1(1) is amended

(

a) by adding the following after clause (a):

(a.1) "business day" means a day that is not a Saturday, a

Sunday, a holiday or a day when Government of

Alberta offices are closed as part of the Government of

Alberta's Christmas closure;

(

b) by repealing clause (

d) and substituting the

following:

(d) "elective services" means insured services and insured

hospital services that are pre-authorized, medically

required, not available inside Canada and provided in a

manner that accords with accepted standards of practice

in Alberta of the profession of the practitioner

concerned;

(d.1) "emergency services" means insured services and

insured hospital services that are provided in the case of

an emergency resulting from an acute and unexpected

illness, disease, condition or injury that requires

medically required treatment without delay outside

Canada;

Section 2 is repealed and the following is substituted:

Application

2(1) Subject to subsections (2) and (3), an application may be

submitted to the OOCHSC for approval of the payment for expenses

with respect to insured services or insured hospital services received

outside Canada where

(

a) the resident or the resident's dependant who has or will

receive the services is registered and eligible for coverage

under the Alberta Health Care Insurance Plan,

(

b) the resident or the resident's dependant has endeavoured to

receive the services in Canada, the services are not available

in Canada and all other appropriate options in Canada have

been exhausted,

(

c) the services are medically necessary,

(

d) the services are insured under the Alberta Health Care

Insurance Plan,

(

e) the services will be provided in a manner that accords with

accepted standards of practice in Alberta, and

(

f) the services are not part of a research study or clinical trial,

and are not an experimental service.

(2) An application may only be submitted under subsection (1) with

respect to insured services or insured hospital services for

(

a) elective services, if the application is submitted prior to

receiving the services, or

(

b) emergency services, if the application is submitted

(

i) prior to receiving the services, or

(ii) not later than 365 days after the services were received.

(3) An application under subsection (1) must

(

a) be in writing in a form established by the OOCHSC,

(

b) contain any information required under

section 7(1)(b), and

(

c) be submitted on the resident's behalf or the resident's

dependant's behalf by

(

i) a physician registered under the Health Professions Act,

if the services are insured medical services referred to in

the Medical Benefits Regulation (AR 84/2006) or

insured hospital services, or

(ii) a dentist registered under the Health Professions Act, if

the insured services are oral and maxillofacial surgery

services referred to in the Oral and Maxillofacial

Surgery Benefits Regulation (AR 86/2006).

(4) If an application has not been declared complete by the Chair

under

section 7(3)(

a) within 365 days of when the services were

received, the OOCHSC shall not consider the application.

Section 6(1) is amended by striking out "made" and

substituting "submitted".

Section 7 is amended

(

a) in subsection (1) by striking out clause (

a) and

substituting the following:

(

a) was not submitted more than 365 days after the service

was received,

(a.1) was submitted on behalf of a person who is registered

and eligible for coverage under the Alberta Health Care

Insurance Plan,

(a.2) was submitted by

(

i) a physician registered under the Health

Professions Act, if the services are insured medical

services referred to in the Medical Benefits

Regulation (AR 84/2006) or insured hospital

services, or

(ii) a dentist registered under the Health Professions

Act, if the insured services are oral and

maxillofacial surgery services referred to in the

Oral and Maxillofacial Surgery Benefits

Regulation (AR 86/2006),

and

(

b) by striking out subsection (3) and substituting the

following:

(3) After the Chair has concluded the initial screening of an

application,

(

a) if the Chair is satisfied that the application meets the

requirements set out in subsection (1), the Chair may

declare the application complete and forward that

application to the OOCHSC for review, or

(

b) if the Chair is not satisfied that the application meets the

requirements set out in subsection (1), the Chair may

(

i) deny the application, or

(ii) hold the application, return a copy of the

application to the applicant and provide the

applicant with the opportunity to remedy a

deficiency in the application.

(

c) by adding the following after subsection (3):

(4) The Chair shall, within 20 business days of making a

decision under subsection (3), send

(

a) a written copy of its decision with reasons to the

Minister, the resident and the physician or dentist who

submitted the application on the resident's or the

resident's dependant's behalf, and

(

b) notice of the right to appeal the decision to the resident

and the physician or dentist who submitted the

application on the resident's or the resident's

dependant's behalf.

Section 8 is amended

(

a) in subsection (1) by adding "business" after "60";

(

b) by striking out subsection (5) and substituting the

following:

(5) The OOCHSC shall, within 20 business days of making a

decision under subsection (1), send

(

a) a written copy of its decision with reasons to the

Minister, the resident and the physician or dentist who

submitted the application on the resident's or the

resident's dependant's behalf, and

(

b) notice of the right to appeal the decision to the resident

and the physician or dentist who submitted the

application on the resident's or resident's dependant's

behalf.

Section 10 is repealed and the following is substituted:

Appeal of Chair or OOCHSC decision

10 The resident or a physician or dentist acting on the resident's or

resident's dependant's behalf may appeal a decision of the Chair

under

section 7 or a decision of the OOCHSC under

section 8 to the

Appeal Panel by submitting a notice of appeal to the Appeal Panel

within 60 business days of receipt of the decision.

Section 13 is repealed and the following is substituted:

Appeal Panel reviews of Chair decisions

13(1) The Appeal Panel shall review the application and the

decision of the Chair made under

section 7 if a notice of appeal is

received within 60 business days of the appellant receiving the

decision under

section 7.

(2) In reviewing a decision of the Chair, the Appeal Panel shall

review only the application, the written decision and reasons and the

matters before the Chair, and shall not review any new evidence.

(3) An appeal must be reviewed and a decision made within 60

business days of receipt of a notice of appeal.

(4) The Appeal Panel may confirm the decision of the Chair or, if

the Appeal Panel determines that the Chair erred in its decision,

return the application to the Chair for reconsideration in accordance

with the directions of the Appeal Panel.

(5) The Appeal Panel shall, within 20 business days of making a

decision under this section, send a copy of its decision with reasons

(

a) the Minister,

(

b) each member of the OOCHSC,

(

c) the resident, and

(

d) if the notice of appeal was submitted by a physician or

dentist on the resident's or resident's dependant's behalf, that

physician or dentist.

Appeal Panel reviews of OOCHSC decisions

13.01(1) The Appeal Panel shall review the application and a

decision of the OOCHSC if a notice of appeal is received within 60

business days of the appellant receiving the decision under

section

8(5).

(2) In reviewing the OOCHSC's decision, the Appeal Panel shall

review only the application, the written decision and reasons and the

matters before the OOCHSC, and shall not review any new

evidence.

(3) An appeal must be reviewed and a decision made within 60

business days of receipt of a notice of appeal.

(4) The Appeal Panel may confirm or vary the decision of the

OOCHSC or substitute its decision for the OOCHSC's decision.

(5) If the Appeal Panel confirms, varies or substitutes its decision

for the OOCHSC's decision regarding approving the payment of

services, the Minister shall pay for those services approved by the

Appeal Panel.

(6) The Appeal Panel shall, within 20 business days of making a

decision under this section, send a copy of its decision with reasons

(

a) the Minister,

(

b) each member of the OOCHSC,

(

c) the resident, and

(

d) if the notice of appeal was submitted by a physician or

dentist on the resident's or resident's dependant's behalf, that

physician or dentist.

Section 13.1 is amended by renumbering it as

section

13.1(1) and by adding the following after subsection (1):

(2) Where, prior to the coming into force of this subsection,

(

a) a person

(

i) who is a physician registered under the Health

Professions Act or a dentist registered under the Health

Professions Act has made an application to the

OOCHSC, or

(ii) has submitted a notice of appeal to the Appeal Panel,

and a decision, other than a decision by the Chair to forward the

application to the OOCHSC, has not been rendered respecting the

application, or a decision has not been made by the Appeal Panel

respecting the notice of appeal, or

(

b) the time for submitting a notice of appeal has not expired,

the application or appeal, if any, must be dealt with or continue to be

dealt with in accordance with this Regulation as it read immediately

before the coming into force of this subsection.

(3) For greater certainty,

(

a) section 10 does not apply with respect to a decision of the

Chair under

section 7 if the application was received prior to

the coming into force of this subsection, and

(

b) Section 13 does not apply with respect to a decision of the

Chair if the application was received prior to the coming into

force of this subsection.

Section 14, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "August 15, 2020" and substituting "November 30, 2023".

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

Alberta Regulation 25/2021

Mandatory Testing and Disclosure Act

MANDATORY TESTING AND DISCLOSURE (EXPIRY

DATE EXTENSION) AMENDMENT REGULATION

Filed: January 27, 2021

For information only: Made by the Lieutenant Governor in Council (O.C. 036/2021)

on January 27, 2021 pursuant to

section 18(1) of the Mandatory Testing and

Disclosure Act.

1 The Mandatory Testing and Disclosure Regulation

(AR 190/2007) is amended by this Regulation.

Section 8, as extended by the Regulations Expiry Date

Extension Regulation (AR 47/2020), is amended by striking

out "September 30, 2020" and substituting "September 30, 2027".

Alberta Regulation 26/2021

Corrections Act

PAROLE BOARD REMUNERATION AND

EXPENSES REGULATION

Filed: January 28, 2021

For infor

Document details

Collection	Alberta — Gazette
Citation	documents gazette 2021 pdf 03 Feb13 Part2.pdf
Type	gazette
Volume / chapter	documents gazette 2021 pdf 03 Feb13 Part2.pdf
Language	en
Format	json
Source	PROVINCIAL
Identifier	f512b2258c1f4669f8b6a4ea69eedf7f15a60231

Source file is stored in the law ingest library (json).