Alberta Gazette — 31 July (ii)
0731 ii
Alberta — Gazette
THE ALBERTA GAZETTE,
PART II, JULY 31, 1997
Alberta Regulation 130/97
Environmental Protection and Enhancement Act
ACTIVITIES DESIGNATION AMENDMENT REGULATION
Filed: July 8, 1997
Made by the Minister of Environmental Protection (M.O. 19/97) pursuant to
section 81(
a) of the Environmental Protection and Enhancement Act.
1 The Activities Designation Regulation (AR 211/96) is amended by this
Regulation.
Schedule 1, Division 4 is amended by repealing
Part 1.
3 This Regulation comes into force on September 1, 1997.
------------------------------
Alberta Regulation 131/97
Dairy Board Act
MINIMUM MILK PRICE ORDER
Filed: July 9, 1997
Made by the Alberta Energy and Utilities Board (Order U97081) pursuant to
section 12 of the Dairy Board Act.
1 All Class 1 milk shall be purchased on a hectolitre basis and where
that milk has a butterfat content of 3.60 kilograms per hectolitre the
minimum price for that Class 1 milk shall be $65.77 per hectolitre.
2 The Minimum Milk Price Order (Alta. Reg. 126/96) is repealed.
3 This Order comes into force on July 16, 1997.
Alberta Regulation 132/97
Municipal Government Act
CANMORE UNDERMINING REVIEW AMENDMENT REGULATION
Filed: July 10, 1997
Made by the Lieutenant Governor in Council (O.C. 132/97) pursuant to
sections 618(4) and 694(1) of the Municipal Government Act.
1 The Canmore Undermining Review Regulation (AR 114/97) is amended by
this Regulation.
Section 1(
e) is repealed and the following is substituted:
(e) "designated land" means
(
i) the land described in
Schedule 2 and within the
boundaries shown on the map in
Schedule 1, including the Government road
allowances, and
(ii) the land required for access roads from highway No.
1 to the land described in subclause (i);
Schedule 1 is repealed and the following is substituted:
SCHEDULE 1
Schedule 2 is amended by adding the following after the table:
Land:
1 Legal description:
Meridian 5 Range 10 Township 24
Section 29 Those portions which lie
to the east and west of the Bow River as shown on the Township plan
approved at Ottawa 2 March 1889
Containing 36.4 hectares (90 acres) more or less east of the river
and containing 184 hectares (456 acres) more or less west of the river
excepting thereout:
A) the west half of the south half of legal subdivision 2, all of
legal subdivisions 3, 4 and 5, and the west half of legal subdivision 6,
all of legal subdivision 12, and the south half of the west half of legal
subdivision 13, all in said
section 29 containing 80.9 hectares (200 acres)
more or less
B) legal subdivision of 1, the east half of legal subdivision 2,
the east half of the south half of legal subdivision 7, and those portions
of legal subdivision 8 which lie to the south west and north east of Bow
River all within said
section 29 containing 40.5 hectares (99.92 acres)
more or less
C) those portions of legal subdivisions 7, 10, 11 and 14 in said
section 29, bounded as follows ... commencing at the south east corner of
the east half of the north half of said legal subdivision 7, thence
westerly on an assumed bearing of due west, a distance of 400 feet, thence
in a north westerly direction to intersection with the north western corner
of the said east half of said legal subdivision 7, thence north 35 degrees
west a distance of 600 feet, thence north 68 degrees west to intersection
with the southern limit of the road on Plan 7367 JK, thence north easterly
along said southern limit to intersection the southern boundary of block
"D2" on Plan RW 542, thence easterly along said southern boundary of block
"D2" to intersection with west bank of the Bow River as shown on the
township plan approved at Ottawa March 2, 1889 thence southerly along said
west bank to intersection with the east boundary of said legal subdivision
7, thence southerly along the said east boundary of said legal subdivision
7, to the point of commencement containing 13.0 hectares (32.2 acres) more
or less
D) Plan Number Hectares Acres
Roadway 7687 HX 0.004 0.01 (NW)
Roadway 528 IX 0.085 0.21 (NW)
Subdivision 4171 JK 3.23 7.98 (NW)
Roadway 7367 JK 3.14 7.76 (NW)
Subdivision 7810522 29.8 73.81 (NE)
Subdivision 8210815 20.62 50.95 (NW)
Road 9312237 1.393 3.44 (NW)
0.604 1.49 (SW)
Subdivision 9312316 1.029 2.54 (SW)
2.733 6.75 (NW)
2.412 5.96 (NE)
4.079 10.1 (SE)
Subdivision 9512060 6.191 15.30 (SE)
Subdivision 9512060 2.075 5.15 (SW)
Subdivision 9611299 0.004 0.01 (NE)
Excepting thereout all mines and minerals.
2 Legal description:
Meridian 5 Range 10 Township 24
Section 29
Legal subdivision 1, the east half of legal subdivision 2, the east
half of the south half of legal subdivision 7 and those portions of legal
subdivision 8 which lie to the southwest and northeast of the Bow River
containing 40.472 hectares (99.92 acres) more or less excepting thereout:
A) Plan Number Hectares Acres
(more or less)
Subdivision 9312316 0.069 0.170
Subdivision 9512060 3.952 9.70
Subdivision 9610638 4.742 11.7
Subdivision 9611299 1.616 4.0
Subdivision 9710407 2.51 6.2
B) That portion of legal subdivision 8 which lies northeast
of the left bank of the Bow River as shown on the Township Plan approved at
Ottawa 22 October 1928
Containing 0.067 hectares (1.5 acres) more or less
Excepting thereout all mines and minerals
Alberta Regulation 133/97
Court of Appeal Act
Court of Queen's Bench Act
Civil Enforcement Act
ALBERTA RULES OF COURT AMENDMENT REGULATION
Filed: July 10, 1997
Made by the Lieutenant Governor in Council (O.C. 305/97) pursuant to
section 15 of the Court of Appeal Act,
section 18 of the Court of Queen's
Bench Act and sections 106 and 107 of the Civil Enforcement Act.
1 The Alberta Rules of Court (AR 390/68) are amended by this Regulation.
2 Rule 85(1)(
a) is amended by adding ", subject to Rule 565.1(5)," after
"shall".
3 The following is added after Rule 561:
Forms
561.01(1) In this Rule, "deviation" includes the deletion of
material that is not applicable or the addition of material that is
applicable.
(2) Where a person
(
a) uses a form that is prescribed by these Rules, or
(
b) prepares a document that is based on or that is to
be used in place of a form prescribed by these Rules,
any deviation in that form or document from the prescribed form that,
in the circumstances under which that form or document is to be used, does
not adversely affect
(
c) the substance of the prescribed form, or
(
d) the information reasonably required or specifically
required by the Court,
and is not intended to mislead does not invalidate that form or
document.
4 Rule 562.1 is repealed and the following is substituted:
Forms
562.1 Unless otherwise provided, a reference to a form in this
Part
is a reference to a form prescribed in
Schedule B.
5 Rule 563 is amended
(
a) in subrule (1) by striking out "of
Schedule B";
(
b) in subrule (2) by striking out "Form 1.1 of
Schedule B" and
substituting "Form 2".
6 Rule 563.1 is repealed.
7 Rule 565 is amended
(
a) in subrule (1) by adding "and serve" after "the clerk";
(
b) by repealing subrules (2) and (2.1) and substituting the
following:
(2) Where a defendant seeks relief in opposition to the relief that
is claimed in the Statement of Claim, the defendant shall file with the
clerk and serve a Statement of Defence and Counterclaim prepared in
accordance with Form 4 or 5.
(2.1) Where a defendant seeks relief but does not oppose the relief
that is claimed in the Statement of Claim, the defendant shall file with
the clerk and serve a Demand of Notice and a Counterclaim prepared in
accordance with Form 7 or 8.
(
c) in subrule (3) by striking out "Form 5" and substituting "Form
6".
8 Rule 565.1 is amended by adding the following after subrule (4):
(5) Where a single Statement of Claim that is issued for both a
divorce proceeding and a matrimonial property proceeding has been served
elsewhere in Canada than in Alberta, a Statement of Defence, Demand of
Notice or any pleadings that include a Counterclaim with respect to both or
either of those proceedings shall be filed and served within 40 days from
the date of service of the Statement of Claim.
9 Rule 568 is amended
(
a) by renumbering subrule (1) as subrule (1.1) and by adding the
following before subrule (1.1):
(1) In this Rule a reference to "Counterclaim" includes a reference
(
a) a Statement of Defence and Counterclaim for
Divorce;
(
b) a Statement of Defence and Counterclaim for Divorce
and Division of Matrimonial Property;
(
c) a Demand of Notice and Counterclaim for Divorce;
(
d) a Demand of Notice and Counterclaim for Divorce and
Division of Matrimonial Property.
(
b) in subrule (1.1)(b)(
i) by striking out "Form 13" and
substituting "Form 12";
(
c) in subrule (2) by repealing clause (
b) and substituting the
following:
(
b) a Counterclaim,
(
d) in subrule (3) by striking out "subrules (1)(b)" and
substituting "subrules (1.1)(b)";
(
e) in subrule (4)(a)
(
i) by striking out "subrule (1)(b)(i)" and
substituting "subrule (1.1)(b)(i)";
(ii) by striking out "subrule (1)(b)(ii)" and
substituting "subrule (1.1)(b)(ii)";
(
f) by striking out subrules (6) and (7) and substituting the
following:
(6) Where the Defendant or the Plaintiff defending against a
Counterclaim
(
a) has filed a Demand of Notice, a Statement of
Defence or a Counterclaim, and
(
b) has not given the consent required to have the
divorce proceeding dealt with under this Rule,
the Plaintiff or the Defendant who commenced a counterclaim may
apply in chambers by Notice of Motion for the matter to be dealt with under
this Rule.
(7) A judge in chambers hearing an application under subrule (6) may
(
a) direct the Plaintiff or the Defendant who commenced
a counterclaim to enter the case for trial on oral evidence, or
(
b) authorize the Plaintiff or the Defendant who
commenced a counterclaim to proceed under subrule (1.1), without any
further notice to the Defendant or the Plaintiff defending against the
counterclaim, as the case may be.
10 Rule 569 is amended by striking out "Form 4.1" and substituting "Form
15".
11 Rule 571 is amended
(
a) in subrule (1) by striking out "Form 11" and substituting "Form
13";
(
b) in subrule (2) by striking out "Form 12" and substituting "Form
14".
12 Rule 573(
a) is amended by striking out "Form 7" and substituting "Form
9".
13 Rule 574.1(1)(
a) is amended by striking out "Form 9" and substituting
"Form 10".
14 The following is added after Rule 575:
Form of orders for relief
575.1 Where the Court grants
(
a) a divorce judgment without hearing oral evidence
and an order for corollary relief, the judgment and order may be in a form
that is prepared in accordance with Form 17,
(
b) an order for corollary relief, the order may be in
a form that is prepared in accordance with Form 18, or
(
c) a variation order, the order may be in a form
prepared in accordance with Form 19.
15 Rule 577(1)(
b) is amended by striking out "Form 10" and substituting
"Form 11".
Schedule B is repealed and
Schedule B to this Regulation is
substituted.
SCHEDULE B
(Rules 561.1 to 577.3)
FORM 1
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
, Plaintiff
and
, Defendant
STATEMENT OF CLAIM FOR DIVORCE
The Parties
(1) The date of the marriage was:
(2) The place of the marriage was:
(3) The surnames of the parties at birth were:
Husband: Wife:
(4) At the time of marriage the marital status of each party was:
Husband: Wife:
(5) The wife was born at on the day of , 19 .
(6) The husband was born at on the day of , 19 .
(7) The parties ceased cohabiting on the day of , 19 .
(8) The Plaintiff's address is:
(9) The Defendant's address is:
Residence
2. The Plaintiff (or Defendant) has been ordinarily resident in the
Province of Alberta for at least one year immediately preceding the date of
this Statement of Claim.
Grounds
3. The Plaintiff's ground for divorce is the breakdown of the marriage by
reason of: (the parties have been living separate and apart in excess of
one year) (the Defendant has committed adultery) (the Defendant has treated
the Plaintiff with cruelty; specify whether mental cruelty or physical
cruelty or both).
Reconciliation
(1) There is no possibility of reconciliation.
(2) The following efforts to reconcile have been made:
Bars To Divorce
(1) There has been no collusion in relation to this divorce action.
(2) (if the grounds are under
section 8(2)(
b) of the Divorce Act
(Canada)). The Plaintiff has not connived at or condoned the grounds
complained of prior to bringing this divorce action.
Children
6. The particulars of the children of the parties are as follows:
(
a) the names and dates of birth of each of the children are:
(
b) the Plaintiff proposes custody as follows:
(
c) the Plaintiff proposes access arrangements as follows:
(
d) the Plaintiff proposes financial arrangements for the children
as follows:
(
d) the financial arrangements for the support of the children are
as follows:
Agreements
7. The parties have made an agreement regarding the custody, access and
support of the children, or each other, as follows:
Court Proceedings
8. The details of any court proceeding in regard to the marriage,
custody, access and support of the children or the parties are as follows:
Employment
(1) The Plaintiff's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
(2) The Defendant's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
CLAIMS UNDER THE DIVORCE ACT
10. The Plaintiff makes the following claims:
(
a) a Divorce Judgment;
(
b) custody of ;
(
c) access to ;
(
d) support of each child in the sum of $ per month
(commencing on (and being retroactive to ));
(
e) support for the Plaintiff in the sum of $ per month
(commencing on (and being retroactive to ));
(
f) lump sum support for the Plaintiff in the sum of $ ;
(
g) a restraining order;
(
h) costs.
DATED at , in the Province of Alberta, this
day of , 19 , AND DELIVERED by Barrister and
Solicitor, , Alberta, Solicitor for the Plaintiff,
whose address for service is in care of that Solicitor.
ISSUED out of the Office of the Clerk of the Court of Queen's Bench of
Alberta, Judicial District of , at the , in the
Province of Alberta, this day of , 19 .
Clerk of the Court
STATEMENT OF SOLICITOR:
I, , 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 , in the Province of Alberta, this
day of , 19 .
(Signature of Lawyer)
NOTICE TO THE DEFENDANT
TO:
A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details
are set out in the attached Statement of Claim.
1. IF YOU DISPUTE ANY OF THE CLAIMS or IF YOU WISH TO MAKE ANY CLAIM
YOURSELF, YOU MUST FILE A STATEMENT OF DEFENCE at the court office shown on
the Statement of Claim within the following times:
(
a) if you were served in Alberta, within 15 days from the date of
service;
(
b) if you were served elsewhere in Canada, within 40 days from the
date of service;
(
c) if you were served elsewhere than that referred to in clause
(
a) or (b), within the time indicated on the Order for Service.
2. IF YOU DO NOT FILE
(
a) A STATEMENT OF DEFENCE, or
(
b) A DEMAND OF NOTICE requiring that notice of any application to
be made in this action be given to you,
and if you do not serve a copy of that Statement of Defence or Demand of
Notice on the plaintiff at the address for service given in the Statement
of Claim, you are not entitled to notice of any further proceedings and an
order may be made in your absence and enforced against you.
This Statement of Claim is issued by:
, Solicitor
for the Plaintiff who resides at , Alberta,
and whose address for service is c/o the said Solicitor and is addressed to
the Defendant whose residence so far as is known to the Plaintiff is
, Alberta.
NO.
IN THE COURT OF
QUEEN'S BENCH
OF ALBERTA
JUDICIAL DISTRICT
BETWEEN:
, Plaintiff
and
, Defendant
STATEMENT OF CLAIM FOR DIVORCE
(Lawyer's name, address and telephone number)
FORM 2
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
, Plaintiff
and
, Defendant
STATEMENT OF CLAIM FOR DIVORCE AND
DIVISION OF MATRIMONIAL PROPERTY
DIVORCE:
The Parties
(1) The date of the marriage was:
(2) The place of the marriage was:
(3) The surnames of the parties at birth were:
Husband: Wife:
(4) At the time of marriage the marital status of each party was:
Husband: Wife:
(5) The wife was born at on the day of , 19 .
(6) The husband was born at on the day of , 19 .
(7) The parties ceased cohabiting on the day of , 19 .
(8) The Plaintiff's address is:
(9) The Defendant's address is:
Residence
2. The Plaintiff (or Defendant) has been ordinarily resident in the
Province of Alberta for at least one year immediately preceding the date of
this Statement of Claim.
Grounds
3. The Plaintiff's ground for divorce is the breakdown of the marriage by
reason of: (the parties have been living separate and apart in excess of
one year) (the Defendant has committed adultery) (the Defendant has treated
the Plaintiff with cruelty; specify whether mental cruelty or physical
cruelty or both).
Reconciliation
(1) There is no possibility of reconciliation.
(2) The following efforts to reconcile have been made:
Bars To Divorce
(1) There has been no collusion in relation to this divorce action.
(2) (if the grounds are under
section 8(2)(
b) of the Divorce Act
(Canada)). The Plaintiff has not connived at or condoned the grounds
complained of prior to bringing this divorce action.
Children
6. The particulars of the children of the parties are as follows:
(
a) the names and dates of birth of each of the children are:
(
b) the Plaintiff proposes custody as follows:
(
c) the Plaintiff proposes access arrangements as follows:
(
d) the Plaintiff proposes financial arrangements for the children
as follows:
(
d) the financial arrangements for the support of the children are
as follows:
Agreements
7. The parties have made an agreement regarding the custody, access and
support of the children, or each other, as follows:
Court Proceedings
8. The details of any court proceeding in regard to the marriage,
custody, access and support of the children or the parties are as follows:
Employment
(1) The Plaintiff's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
(2) The Defendant's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
MATRIMONIAL PROPERTY CLAIM:
10. The parties are resident in Alberta. (or as the case may be)
11. During the marriage the parties acquired both real and personal
property in their names, either jointly or separately. (The particulars of
that property, together with the exemption claimed, will be set out in the
matrimonial property statements to be filed in this action.)
12. The Plaintiff is entitled to an equitable division of the matrimonial
property.
13. Trial of this action to be held at , Alberta.
CLAIMS UNDER THE DIVORCE ACT
14. The Plaintiff makes the following claims:
(
a) a Divorce Judgment;
(
b) custody of ;
(
c) access to ;
(
d) support of each child in the sum of $ per month
(commencing on (and being retroactive to ));
(
e) support for the Plaintiff in the sum of $ per month
(commencing on (and being retroactive to ));
(
f) lump sum support for the Plaintiff in the sum of $ ;
(
g) a restraining order;
(
h) costs.
CLAIMS UNDER THE MATRIMONIAL PROPERTY ACT
15. The Plaintiff makes the following claims:
(
a) an Order for the distribution of all of the property acquired
by the Plaintiff and Defendant, either jointly or separately, in such
manner as the Court deems just and equitable;
(
b) a matrimonial home possession order;
(c) (set out such other claims as may relate to the pleadings);
(
d) such further relief and direction as the Court considers
necessary to give effect to the distribution of the matrimonial property;
(
e) costs.
DATED at , in the Province of Alberta, this
day of , 19 , AND DELIVERED by Barrister
and Solicitor, , Alberta, Solicitor for the
Plaintiff, whose address for service is in care of that Solicitor.
ISSUED out of the Office of the Clerk of the Court of Queen's Bench of
Alberta, Judicial District of , at the , in the
Province of Alberta, this day of , 19 .
Clerk of the Court
STATEMENT OF SOLICITOR:
I, , 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 , in the Province of Alberta, this
day of , 19 .
(Signature of Lawyer)
NOTICE TO THE DEFENDANT
TO:
A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details
are set out in the attached Statement of Claim.
1. IF YOU DISPUTE ANY OF THE CLAIMS or IF YOU WISH TO MAKE ANY CLAIM
YOURSELF, YOU MUST FILE A STATEMENT OF DEFENCE at the court office shown on
the Statement of Claim within the following times:
(
a) if you were served in Alberta, within 15 days from the date of
service;
(
b) if you were served elsewhere in Canada, within 40 days from the
date of service;
(
c) if you were served elsewhere than that referred to in clause
(
a) or (b), within the time indicated on the Order for Service.
2. IF YOU DO NOT FILE
(
a) A STATEMENT OF DEFENCE, or
(
b) A DEMAND OF NOTICE requiring that notice of any application to
be made in this action be given to you,
and if you do not serve a copy of that Statement of Defence or Demand of
Notice on the plaintiff at the address for service given in the Statement
of Claim, you are not entitled to notice of any further proceedings and an
order may be made in your absence and enforced against you.
This Statement of Claim is issued by:
Solicitor for the Plaintiff who resides at , Alberta,
and whose address for service is c/o the said Solicitor and is addressed to
the Defendant whose residence so far as is known to the Plaintiff is
, Alberta.
NO.
IN THE COURT
OF QUEEN'S BENCH
OF ALBERTA
JUDICIAL DISTRICT
BETWEEN:
, Plaintiff
and
, Defendant
STATEMENT OF CLAIM FOR DIVORCE AND DIVISION OF MATRIMONIAL PROPERTY
(Lawyer's name, address and telephone number)
FORM 3
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
, Plaintiff
-and-
, Defendant
STATEMENT OF DEFENCE
1. The Defendant agrees to the following relief sought by the Plaintiff:
(a) (in respect of the divorce action);
(b) (in respect of the matrimonial property action).
2. The Defendant contests the following part or parts of the Statement of
Claim:
(a) (in respect of the divorce action);
(b) (in respect of the matrimonial property action).
3. The Defendant's grounds for contesting the Statement of Claim are as
follows:
(a) (in respect of the divorce action);
(b) (in respect of the matrimonial property action).
DATED at , in the Province of Alberta, this day of
, 19 .
Defendant or Solicitor for the
Defendant whose address is
and whose address for service is
FORM 4
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
, Plaintiff
-and-
, Defendant
STATEMENT OF DEFENCE AND
COUNTERCLAIM FOR DIVORCE
STATEMENT OF DEFENCE:
1. The Defendant agrees to the following relief sought by the Plaintiff:
(a) (in respect of the divorce action);
(b) (in respect of the matrimonial property action).
2. The Defendant contests the following part or parts of the Statement of
Claim:
(a) (in respect of the divorce action);
(b) (in respect of the matrimonial property action).
3. The Defendant's grounds for contesting the Statement of Claim are as
follows:
(a) (in respect of the divorce action);
(b) (in respect of the matrimonial property action).
COUNTERCLAIM:
To this Honourable Court:
The Parties
(1) The date of the marriage was:
(2) The place of the marriage was:
(3) The surnames of the parties at birth were:
Husband: Wife:
(4) At the time of marriage the marital status of each party was:
Husband: Wife:
(5) The wife was born at on the day of , 19 .
(6) The husband was born at on the day of , 19 .
(7) The parties ceased cohabiting on the day of , 19 .
(8) The Plaintiff's address is:
(9) The Defendant's address is:
Residence
2. The Defendant (or Plaintiff) has been ordinarily resident in the
Province of Alberta for at least one year immediately preceding the date of
this Counterclaim.
Grounds
3. The Defendant's ground for divorce is the breakdown of the marriage by
reason of: (the parties have been living separate and apart in excess of
one year) (the Plaintiff has committed adultery) (the Plaintiff has treated
the Defendant with cruelty; specify whether mental cruelty or physical
cruelty or both).
Reconciliation
(1) There is no possibility of reconciliation.
(2) The following efforts to reconcile have been made:
Bars To Divorce
(1) There has been no collusion in relation to this divorce action.
(2) (if the grounds are under
section 8(2)(
b) of the Divorce Act
(Canada)). The Defendant has not connived at or condoned the grounds
complained of prior to bringing this divorce action.
Children
6. The particulars of the children of the parties are as follows:
(
a) the names and dates of birth of each of the children are:
(
b) the Defendant proposes custody as follows:
(
c) the Defendant proposes access arrangements as follows:
(
d) the Defendant proposes financial arrangements for the children
as follows:
(
d) the financial arrangements for the support of the children are
as follows:
Agreements
7. The parties have made an agreement regarding the custody, access and
support of the children, or each other, as follows:
Court Proceedings
8. The details of any court proceeding in regard to the marriage,
custody, access and support of the children or the parties are as follows:
Employment
(1) The Plaintiff's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
(2) The Defendant's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
CLAIMS UNDER THE DIVORCE ACT
10. The Defendant makes the following claims:
(
a) a Divorce Judgment;
(
b) custody of ;
(
c) access to ;
(
d) support of each child in the sum of $ per month;
(
e) support for the Defendant in the sum of $ per month
(commencing on (and being retroactive to ));
(
f) lump sum support for the Defendant in the sum of $
(commencing on (and being retroactive to ));
(
g) a restraining order;
(
h) costs.
DATED at , in the Province of Alberta, this
day of , 19 , AND DELIVERED by Barrister and
Solicitor, , Alberta, Solicitor for the Defendant,
whose address for service is in care of that Solicitor.
ISSUED out of the Office of the Clerk of the Court of Queen's Bench of
Alberta, Judicial District of , at the , in
the Province of Alberta, this day of , 19 .
Clerk of the Court
STATEMENT OF SOLICITOR:
I, , 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 , in the Province of Alberta, this
day of , 19 .
(Signature of Lawyer)
NOTICE TO THE PLAINTIFF
TO:
A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details
are set out in this Counterclaim.
1. IF YOU DISPUTE ANY OF THE CLAIMS, YOU MUST FILE A STATEMENT OF DEFENCE
TO THE COUNTERCLAIM at the court office shown on the Counterclaim within
the following times:
(
a) if you were served in Alberta, within 15 days from the date of
service;
(
b) if you were served elsewhere in Canada, within 40 days from the
date of service;
(
c) if you were served elsewhere than that referred to in clause
(
a) or (b), within the time indicated on the Order for Service.
2. IF YOU DO NOT FILE
(
a) A STATEMENT OF DEFENCE TO THE COUNTERCLAIM, or
(
b) A DEMAND OF NOTICE requiring that notice of any application to
be made in this action in respect of the Counterclaim be given to you,
and, if you do not serve a copy of that Statement of Defence to the
Counterclaim or Demand of Notice on the defendant at the address for
service given in the Counterclaim, you are not entitled to notice of any
further proceedings in respect of the Counterclaim and an order may be made
in your absence and enforced against you.
NO.
IN THE COURT
OF QUEEN'S BENCH
OF ALBERTA
JUDICIAL DISTRICT
BETWEEN:
, Plaintiff
and
, Defendant
STATEMENT OF DEFENCE AND COUNTERCLAIM FOR DIVORCE
(Lawyer's name, address and telephone number)
This Counterclaim is issued by:
Solicitor for the Defendant who resides at , Alberta,
and whose address for service is c/o the said Solicitor and is addressed to
the Plaintiff whose residence so far as is known to the Defendant is
, Alberta.
FORM 5
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
, Plaintiff
-and-
, Defendant
STATEMENT OF DEFENCE AND
COUNTERCLAIM FOR DIVORCE AND
DIVISION OF MATRIMONIAL PROPERTY
STATEMENT OF DEFENCE:
1. The Defendant agrees to the following relief sought by the Plaintiff:
(a) (in respect of the divorce action);
(b) (in respect of the matrimonial property action).
2. The Defendant contests the following part or parts of the Statement of
Claim:
(a) (in respect of the divorce action);
(b) (in respect of the matrimonial property action).
3. The Defendant's grounds for contesting the Statement of Claim are as
follows:
(a) (in respect of the divorce action);
(b) (in respect of the matrimonial property action).
COUNTERCLAIM:
To this Honourable Court:
DIVORCE:
The Parties
(1) The date of the marriage was:
(2) The place of the marriage was:
(3) The surnames of the parties at birth were:
Husband: Wife:
(4) At the time of marriage the marital status of each party was:
Husband: Wife:
(5) The wife was born at on the day of , 19 .
(6) The husband was born at on the day of , 19 .
(7) The parties ceased cohabiting on the day of , 19 .
(8) The Plaintiff's address is:
(9) The Defendant's address is:
Residence
2. The Defendant (or Plaintiff) has been ordinarily resident in the
Province of Alberta for at least one year immediately preceding the date of
this Counterclaim.
Grounds
3. The Defendant's ground for divorce is the breakdown of the marriage by
reason of: (the parties have been living separate and apart in excess of
one year) (the Plaintiff has committed adultery) (the Plaintiff has treated
the Defendant with cruelty; specify whether mental cruelty or physical
cruelty or both).
Reconciliation
(1) There is no possibility of reconciliation.
(2) The following efforts to reconcile have been made:
Bars To Divorce
(1) There has been no collusion in relation to this divorce action.
(2) (if the grounds are under
section 8(2)(
b) of the Divorce Act
(Canada)). The Defendant has not connived at or condoned the grounds
complained of prior to bringing this divorce action.
Children
6. The particulars of the children of the parties are as follows:
(
a) the names and dates of birth of each of the children are:
(
b) the Defendant proposes custody as follows:
(
c) the Defendant proposes access arrangements as follows:
(
d) the Defendant proposes financial arrangements for the children
as follows:
(
d) the financial arrangements for the support of the children are
as follows:
Agreements
7. The parties have made an agreement regarding the custody, access and
support of the children, or each other, as follows:
Court Proceedings
8. The details of any court proceeding in regard to the marriage,
custody, access and support of the children or the parties are as follows:
Employment
(1) The Plaintiff's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
(2) The Defendant's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
MATRIMONIAL PROPERTY CLAIM:
10. The parties are resident in Alberta. (or as the case may be)
11. During the marriage the parties acquired both real and personal
property in their names, either jointly or separately. (The particulars of
that property, together with the exemption claimed, will be set out in the
matrimonial property statements to be filed in this action.)
12. The Defendant is entitled to an equitable division of the matrimonial
property.
13. Trial of this action to be held at , Alberta.
CLAIMS UNDER THE DIVORCE ACT
14. The Defendant makes the following claims:
(
a) a Divorce Judgment;
(
b) custody of ;
(
c) access to ;
(
d) support of each child in the sum of $ per month
(commencing on (and being retroactive to ));
(
e) support for the Defendant in the sum of $ per month
(commencing on (and being retroactive to ));
(
f) lump sum support for the Defendant in the sum of $ ;
(
g) a restraining order;
(
h) costs.
CLAIMS UNDER THE MATRIMONIAL PROPERTY ACT
15. The Defendant makes the following claims:
(
a) an Order for the distribution of all of the property acquired
by the Plaintiff and Defendant, either jointly or separately, in such
manner as the Court deems just and equitable;
(
b) a matrimonial home possession order;
(c) (set out such other claims as may relate to the pleadings);
(
d) such further relief and direction as the Court considers
necessary to give effect to the distribution of the matrimonial property;
(
e) costs.
DATED at , in the Province of Alberta, this
day of , 19 , AND DELIVERED by Barrister
and Solicitor, , Alberta, Solicitor for the
Defendant, whose address for service is in care of that Solicitor.
ISSUED out of the Office of the Clerk of the Court of Queen's Bench of
Alberta, Judicial District of , at the , in the
Province of Alberta, this day of , 19 .
Clerk of the Court
STATEMENT OF SOLICITOR:
I, , 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 , in the Province of Alberta, this
day of , 19 .
(Signature of Lawyer)
NOTICE TO THE PLAINTIFF
TO:
A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details
are set out in this Counterclaim.
1. IF YOU DISPUTE ANY OF THE CLAIMS, YOU MUST FILE A STATEMENT OF DEFENCE
TO THE COUNTERCLAIM at the court office shown on the Counterclaim within
the following times:
(
a) if you were served in Alberta, within 15 days from the date of
service;
(
b) if you were served elsewhere in Canada, within 40 days from the
date of service;
(
c) if you were served elsewhere than that referred to in clause
(
a) or (b), within the time indicated on the Order for Service.
NO.
IN THE COURT
OF QUEEN'S BENCH
OF ALBERTA
JUDICIAL DISTRICT
BETWEEN:
, Plaintiff
and
, Defendant
STATEMENT OF DEFENCE AND COUNTERCLAIM FOR DIVORCE AND DIVISION OF
MATRIMONIAL PROPERTY
(Lawyer's name, address and telephone number)
2. IF YOU DO NOT FILE
(
a) A STATEMENT OF DEFENCE TO THE COUNTERCLAIM, or
(
b) A DEMAND OF NOTICE requiring that notice of any application to
be made in this action in respect of the Counterclaim be given to you,
and, if you do not serve a copy of that Statement of Defence to the
Counterclaim or Demand of Notice on the defendant at the address for
service given in the Counterclaim, you are not entitled to notice of any
further proceedings in respect of the Counterclaim and an order may be made
in your absence and enforced against you.
This Counterclaim is issued by:
Solicitor for the Defendant who resides at , Alberta,
and whose address for service is c/o the said Solicitor and is addressed to
the Plaintiff whose residence so far as is known to the Defendant is
, Alberta.
FORM 6
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
, Plaintiff
-and-
, Defendant
DEMAND OF NOTICE
Take notice that the Defendant demands that notice of any proceedings to be
taken in this action be given to the Defendant at the Defendant's address
for service.
DATED at , in the Province of Alberta, this
day of , 19 .
Defendant or Solicitor for the
Defendant whose address is
and whose address for service is
TO: The Clerk of the Court and
The Plaintiff
FORM 7
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
, Plaintiff
-and-
, Defendant
DEMAND OF NOTICE AND
COUNTERCLAIM FOR DIVORCE
DEMAND OF NOTICE:
Take notice that the Defendant demands that notice of any proceedings to be
taken in this action be given to the Defendant at the Defendant's address
for service.
COUNTERCLAIM:
To this Honourable Court:
The Parties
(1) The date of the marriage was:
(2) The place of the marriage was:
(3) The surnames of the parties at birth were:
Husband: Wife:
(4) At the time of marriage the marital status of each party was:
Husband: Wife:
(5) The wife was born at on the day of , 19 .
(6) The husband was born at on the day of , 19 .
(7) The parties ceased cohabiting on the day of , 19 .
(8) The Plaintiff's address is:
(9) The Defendant's address is:
Residence
2. The Defendant (or Plaintiff) has been ordinarily resident in the
Province of Alberta for at least one year immediately preceding the date of
this Counterclaim.
Grounds
3. The Defendant's ground for divorce is the breakdown of the marriage by
reason of: (the parties have been living separate and apart in excess of
one year) (the Plaintiff has committed adultery) (the Plaintiff has treated
the Defendant with cruelty; specify whether mental cruelty or physical
cruelty or both).
Reconciliation
(1) There is no possibility of reconciliation.
(2) The following efforts to reconcile have been made:
Bars To Divorce
(1) There has been no collusion in relation to this divorce action.
(2) (if the grounds are under
section 8(2)(
b) of the Divorce Act
(Canada)). The Defendant has not connived at or condoned the grounds
complained of prior to bringing this divorce action.
Children
6. The particulars of the children of the parties are as follows:
(
a) the names and dates of birth of each of the children are:
(
b) the Defendant proposes custody as follows:
(
c) the Defendant proposes access arrangements as follows:
(
d) the Defendant proposes financial arrangements for the children
as follows:
(
d) the financial arrangements for the support of the children are
as follows:
Agreements
7. The parties have made an agreement regarding the custody, access and
support of the children, or each other, as follows:
Court Proceedings
8. The details of any court proceeding in regard to the marriage,
custody, access and support of the children or the parties are as follows:
Employment
(1) The Plaintiff's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
(2) The Defendant's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
CLAIMS UNDER THE DIVORCE ACT
10. The Defendant makes the following claims:
(
a) a Divorce Judgment;
(
b) custody of ;
(
c) access to ;
(
d) support of each child in the sum of $ per month
(commencing on (and being retroactive to ));
(
e) support for the Defendant in the sum of $ per month
(commencing on (and being retroactive to ));
(
f) lump sum support for the Defendant in the sum of $ ;
(
g) a restraining order;
(
h) costs.
DATED at , in the Province of Alberta, this
day of , 19 , AND DELIVERED by Barrister and
Solicitor, , Alberta, Solicitor for the Defendant,
whose address for service is in care of that Solicitor.
ISSUED out of the Office of the Clerk of the Court of Queen's Bench of
Alberta, Judicial District of , at the , in
the Province of Alberta, this day of , 19 .
Clerk of the Court
STATEMENT OF SOLICITOR:
I, , 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 , in the Province of Alberta, this
day of , 19 .
(Signature of Lawyer)
NOTICE TO THE PLAINTIFF
TO:
A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details
are set out in this Counterclaim.
1. IF YOU DISPUTE ANY OF THE CLAIMS, YOU MUST FILE A STATEMENT OF DEFENCE
TO THE COUNTERCLAIM at the court office shown on the Counterclaim within
the following times:
(
a) if you were served in Alberta, within 15 days from the date of
service;
(
b) if you were served elsewhere in Canada, within 40 days from the
date of service;
(
c) if you were served elsewhere than that referred to in clause
(
a) or (b), within the time indicated on the Order for Service.
2. IF YOU DO NOT FILE
(
a) A STATEMENT OF DEFENCE TO THE COUNTERCLAIM, or
(
b) A DEMAND OF NOTICE requiring that notice of any application to
be made in this action in respect of the Counterclaim be given to you,
and, if you do not serve a copy of that Statement of Defence to the
Counterclaim or Demand of Notice on the defendant at the address for
service given in the Counterclaim, you are not entitled to notice of any
further proceedings in respect of the Counterclaim and an order may be made
in your absence and enforced against you.
NO.
IN THE COURT
OF QUEEN'S BENCH
OF ALBERTA
JUDICIAL DISTRICT
BETWEEN:
, Plaintiff
and
, Defendant
DEMAND OF NOTICE AND COUNTERCLAIM FOR DIVORCE
(Lawyer's name, address and telephone number)
This Counterclaim is issued by:
Solicitor for the Defendant who resides at , Alberta,
and whose address for service is c/o the said Solicitor and is addressed to
the Plaintiff whose residence so far as is known to the Defendant is
, Alberta.
FORM 8
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
, Plaintiff
-and-
, Defendant
DEMAND OF NOTICE AND
COUNTERCLAIM FOR DIVORCE AND
DIVISION OF MATRIMONIAL PROPERTY
DEMAND OF NOTICE:
Take notice that the Defendant demands that notice of any proceedings to be
taken in this action be given to the Defendant at the Defendant's address
for service.
COUNTERCLAIM:
To this Honourable Court:
DIVORCE:
The Parties
(1) The date of the marriage was:
(2) The place of the marriage was:
(3) The surnames of the parties at birth were:
Husband: Wife:
(4) At the time of marriage the marital status of each party was:
Husband: Wife:
(5) The wife was born at on the day of , 19 .
(6) The husband was born at on the day of , 19 .
(7) The parties ceased cohabiting on the day of , 19 .
(8) The Plaintiff's address is:
(9) The Defendant's address is:
Residence
2. The Defendant (or Plaintiff) has been ordinarily resident in the
Province of Alberta for at least one year immediately preceding the date of
this Counterclaim.
Grounds
3. The Defendant's ground for divorce is the breakdown of the marriage by
reason of: (the parties have been living separate and apart in excess of
one year) (the Plaintiff has committed adultery) (the Plaintiff has treated
the Defendant with cruelty; specify whether mental cruelty or physical
cruelty or both).
Reconciliation
(1) There is no possibility of reconciliation.
(2) The following efforts to reconcile have been made:
Bars To Divorce
(1) There has been no collusion in relation to this divorce action.
(2) (if the grounds are under
section 8(2)(
b) of the Divorce Act
(Canada)). The Defendant has not connived at or condoned the grounds
complained of prior to bringing this divorce action.
Children
6. The particulars of the children of the parties are as follows:
(
a) the names and dates of birth of each of the children are:
(
b) the Defendant proposes custody as follows:
(
c) the Defendant proposes access arrangements as follows:
(
d) the Defendant proposes financial arrangements for the children
as follows:
(
d) the financial arrangements for the support of the children are
as follows:
Agreements
7. The parties have made an agreement regarding the custody, access and
support of the children, or each other, as follows:
Court Proceedings
8. The details of any court proceeding in regard to the marriage,
custody, access and support of the children or the parties are as follows:
Employment
(1) The Plaintiff's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
(2) The Defendant's
(
a) place of employment is:
(
b) gross income is:
(
c) total income for the last tax return was:
(
d) taxable income for the last tax return was:
MATRIMONIAL PROPERTY CLAIM:
10. The parties are resident in Alberta. (or as the case may be)
11. During the marriage the parties acquired both real and personal
property in their names, either jointly or separately. (The particulars of
that property, together with the exemption claimed, will be set out in the
matrimonial property statements to be filed in this action.)
12. The Defendant is entitled to an equitable division of the matrimonial
property.
13. Trial of this action to be held at , Alberta.
CLAIMS UNDER THE DIVORCE ACT
14. The Defendant makes the following claims:
(
a) a Divorce Judgment;
(
b) custody of ;
(
c) access to ;
(
d) support of each child in the sum of $ per month
(commencing on (and being retroactive to ));
(
e) support for the Defendant in the sum of $ per month
(commencing on (and being retroactive to ));
(
f) lump sum support for the Defendant in the sum of $ ;
(
g) a restraining order;
(
h) costs.
CLAIMS UNDER THE MATRIMONIAL PROPERTY ACT
15. The Defendant makes the following claims:
(
a) an Order for the distribution of all of the property acquired
by the Plaintiff and Defendant, either jointly or separately, in such
manner as the Court deems just and equitable;
(
b) a matrimonial home possession order;
(c) (set out such other claims as may relate to the pleadings);
(
d) such further relief and direction as the Court considers
necessary to give effect to the distribution of the matrimonial property;
(
e) costs.
DATED at , in the Province of Alberta, this
day of , 19 , AND DELIVERED by Barrister
and Solicitor, , Alberta, Solicitor for the
Defendant, whose address for service is in care of that Solicitor.
ISSUED out of the Office of the Clerk of the Court of Queen's Bench of
Alberta, Judicial District of , at the , in the
Province of Alberta, this day of , 19 .
Clerk of the Court
STATEMENT OF SOLICITOR:
I, , 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 , in the Province of Alberta, this
day of , 19 .
(Signature of Lawyer)
NOTICE TO THE PLAINTIFF
TO:
A CLAIM HAS BEEN MADE FOR A DIVORCE JUDGMENT AND OTHER RELIEF. The details
are set out in this Counterclaim.
1. IF YOU DISPUTE ANY OF THE CLAIMS, YOU MUST FILE A STATEMENT OF DEFENCE
TO THE COUNTERCLAIM at the court office shown on the Counterclaim within
the following times:
(
a) if you were served in Alberta, within 15 days from the date of
service;
(
b) if you were served elsewhere in Canada, within 40 days from the
date of service;
(
c) if you were served elsewhere than that referred to in clause
(
a) or (b), within the time indicated on the Order for Service.
2. IF YOU DO NOT FILE
(
a) A STATEMENT OF DEFENCE TO THE COUNTERCLAIM, or
(
b) A DEMAND OF NOTICE requiring that notice of any application to
be made in this action in respect of the Counterclaim be given to you,
and, if you do not serve a copy of that Statement of Defence to the
Counterclaim or Demand of Notice on the defendant at the address for
service given in the Counterclaim, you are not entitled to notice of any
further proceedings in respect of the Counterclaim and an order may be made
in your absence and enforced against you.
NO.
IN THE COURT
OF QUEEN'S BENCH
OF ALBERTA
JUDICIAL DISTRICT
BETWEEN:
, Plaintiff
and
, Defendant
DEMAND OF NOTICE AND COUNTERCLAIM FOR DIVORCE AND DIVISION OF MATRIMONIAL
PROPERTY
(Lawyer's name, address and telephone number)
This Counterclaim is issued by:
Solicitor for the Defendant who resides at , Alberta,
and whose address for service is c/o the said Solicitor and is addressed to
the Plaintiff whose residence so far as is known to the Defendant is
, Alberta.
FORM 9
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN
Applicant
-and-
Respondent
NOTICE OF MOTION FOR INTERIM
COROLLARY RELIEF
TAKE NOTICE that an application will be made before the presiding judge in
chambers at the Court House in the of ,
in the Province of Alberta at o'clock in noon, or as
soon thereafter as counsel may be heard, on the day of
, 19 for an order for the following corollary relief:
AND FURTHER TAKE NOTICE that the grounds for the relief are:
AND FURTHER TAKE NOTICE that in support of this application will be read
the affidavits of ;
AND FURTHER TAKE NOTICE that if you do not appear an order may be made in
your absence.
DATED at , in the Province of Alberta this, day of
, 19 .
Applicant or applicant's
solicitor whose address is
and whose address for service is
TO: The Clerk of the Court
The Respondent
FORM 10
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN
Applicant
-and-
Respondent
ORIGINATING NOTICE
TO: (Respondent)
TAKE NOTICE that an application will be made on behalf of ,
the applicant, of in the Province of
before the presiding judge in chambers at the Court House in the
of on the day of , 19 at the hour
of o'clock in the noon, or as soon thereafter as
counsel may be heard, for an order that:
AND FURTHER TAKE NOTICE that the grounds for the relief that the applicant
is seeking are:
AND FURTHER TAKE NOTICE that in support of this application will be read
the affidavit of .
DATED at , in the Province of Alberta, this
day of 19 .
Clerk of the Court
This originating notice was taken out by , the
applicant, or , solicitor for the applicant, whose
address is and whose address for service is .
TO: The Respondent
Take notice that if you do not appear either in person or by counsel at the
time and place appointed, the relief sought may be granted against you
without further notice.
FORM 11
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
Applicant
-and-
Respondent
NOTICE OF CONFIRMATION HEARING
TO:
TAKE NOTICE that an application to confirm the Provisional Order of
(Judge) of (Court) made on the day of
, 19 will be heard by the presiding judge at (Address)
in the Province of Alberta on the day of ,
19 at o'clock in the noon, or as soon
thereafter as the matter can be heard.
AND FURTHER TAKE NOTICE that in support of the application will be read all
material forwarded by the Court that granted the Provisional Order, that
material being filed with the undersigned clerk.
AND FURTHER TAKE NOTICE that if you do not appear in person or with counsel
an order may be made in your absence and enforced against you.
DATED at , in the Province of Alberta this day
of , 19 .
Clerk of the Court
FORM 12
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
Plaintiff
-and-
Defendant
REQUEST FOR DIVORCE
(WITHOUT ORAL HEARING)
TO THE CLERK OF THE COURT:
1. I request that this action be set for hearing as an undefended divorce
to be considered pursuant to Rule 568 on the basis of affidavit evidence.
2. Service of the Statement of Claim on my spouse was effected by
on the day of , 19 , (or as
indicated in the affidavit of service).
3. The affidavit evidence to be considered with my Statement of Claim has
been filed and is attached to this request.
4. The Defendant has not filed a Statement of Defence or a Demand of
Notice (or has filed a Demand of Notice but has consented to this request
by consent endorsed on this request).
5. The Defendant's address is .
6. The address of the Defendant's solicitor is .
7. The Plaintiff's address is .
8. The address of the Plaintiff's solicitor is .
DATED at , in the Province of Alberta, this day
of , 19 .
Plaintiff or Solicitor
FORM 13
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
Plaintiff
-and-
Defendant
REQUEST FOR A CERTIFICATE OF DIVORCE
I, of the of in the
do hereby request that a Certificate of Divorce be issued.
DATED at , in the Province of Alberta, this day of
, 19 .
FORM 14
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
CERTIFICATE OF DIVORCE
This is to certify that the marriage of
and that was solemnized on the day of
, 19 was dissolved by a judgement that became effective on the
day of , 19 .
DATED at , in the Province of Alberta, this day of
, 19 .
Clerk of the Court
FORM 15
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
, Plaintiff
-and-
, Defendant
AFFIDAVIT OF APPLICANT
I, , of the , in the Province of Alberta,
MAKE OATH AND SAY:
Parties
1. THAT I am the spouse of the Defendant whose last known address is
, in the of , in the Province of
. I identify the person in the picture attached as Exhibit "
" to the Affidavit of Service filed herein, as the Defendant herein.
Marriage
2. THAT I was married to the Defendant, , on the
day of , 19 , at the of , in the
Province of , and attached hereto and marked Exhibit
"A" to this my Affidavit is a certified copy of a marriage certificate
issued by the Province of , which accurately sets forth
the particulars of my marriage.
(If a marriage certificate cannot be obtained, then the marriage can
be proved by setting out the circumstances of the marriage: the place and
date, the licence, the person performing the marriage, the witnesses, and
the fact that the parties then considered themselves married. A
certificate from a religious ceremony, can, in addition, be appended as an
exhibit. It is expected that marriage certificates for marriages performed
within Canada will be obtained.)
Residence
3. THAT I (or the Defendant) have been ordinarily resident in the
Province of Alberta for a period of at least one year immediately preceding
the date of the issuance of the Statement of Claim herein.
Grounds
4. THAT there has been a marriage breakdown, which is evidenced by the
following:
(
a) THAT I separated from the Defendant on the day of
, 19 , at the of , in the Province
of and have lived separate and apart from the Defendant since
that date, which is a period in excess of one year.
(
a) THAT the Defendant has committed adultery as evidenced by (his
or her ) Affidavit filed herein;
(
b) THAT I separated from the Defendant on the day of
, 19 , at the of , in the Province
of and have lived separate and apart from the Defendant since
that date.
(
a) THAT the Defendant has treated me with mental or physical
cruelty, particulars of which are as follows:
(Here put in the details of the conduct that the applicant alleges
establishes the existence of the mental or physical cruelty.)
(
b) THAT I separated from the Defendant on the day of
, 19 , at the of , in the Province
of and have lived separate and apart from the Defendant since
that date.
Bars to Divorce
5. (
a) THAT I have not entered into any agreement or conspiracy,
either directly or indirectly, for the purpose of subverting the
administration of justice, nor have I entered into any agreement,
understanding or arrangement to fabricate or suppress evidence or to
deceive the Court in this action;
(The following two paragraphs are applicable only if the grounds are
adultery or mental or physical cruelty.)
(
b) THAT I have not done anything to encourage the Defendant to
commit the acts complained of, nor have I done anything which would have
led the Defendant to believe that I would agree or not object to such acts;
(
c) THAT I have not forgiven the Defendant for committing the acts
described herein and have not taken him/her back to live with me as my
spouse.
Children, Child Care and Financial
Arrangements For Children
6. (
a) THAT there are no children of the marriage as defined by the
Divorce Act (Canada).
(
a) THAT there are children of the marriage, as defined by
the Divorce Act (Canada) namely:
(i) , born the of , 19
(ii) , born the of , 19
(iii) , born the of , 19
(b) (Set out arrangements for custody and access).
(
c) THAT the following arrangements have been made for the support
of the children of the marriage and it is my belief that these arrangements
are reasonable arrangements as required by
section 11(1)(
b) of the Divorce
Act (Canada):
(
i) the amount of $ per month for the
children of the marriage will be paid for his/her/their support;
(ii) the payments of the amount referred to in subclause
(
i) shall commence on the day of , 19 .
(
d) THAT in support of the arrangements referred to in clause (
c) the following information is provided:
(
i) my guideline income is determined as follows:
employment income $ ;
other income (specify) $ ;
for a total income of $ ;
minus the following adjustments permitted under
Schedule III of the Federal Child Support Guidelines
(specify) $ ;
for a guideline income of $ ;
(ii) the Defendant's guideline income is determined as
follows:
employment income $ ;
other income (specify) $ ;
for a total income of $ ;
minus the following adjustments permitted under
Schedule III of the Federal Child Support Guidelines
(specify) $ ;
for a guideline income of $ ;
(iii) the amount payable by under the
Federal Child Support Guidelines is $ ;
(iv) special or extraordinary expenses allowable under
the Federal Child Support Guidelines are (specify the item for
which the expense is allowed, to which child it relates and the amount on a
yearly and monthly basis and on both a gross and net of tax credit basis)
and the (payor'
s) share is $ or _____% of those
expenses;
(
v) the (payor) will provide medical and
dental insurance coverage for the children as follows: (specify);
(Additional provisions under Federal Child Support Guidelines)
(vi) provisions for child over the age of majority are
(specify);
(vii) split custody (specify);
(viii) shared custody (specify);
(ix) there has been a deviation from the Federal Child
Support Guidelines for the following reasons:
(Include all relevant information to substantiate
the deviation and, if undue hardship is claimed, state that it is claimed,
what it is and set out the standard of living test)
(
e) THAT in support of arrangements referred to in clause (
c) the
source of my knowledge in regard to the above information relating to the
Defendant is as follows:
(In addition, a copy of any agreement may be attached.)
Spousal Maintenance
7. THAT the following arrangements have been made for spousal
maintenance:
Reconciliation
8. THAT there is no possibility of reconciliation between my spouse and
me.
Statement of Claim for Divorce
9. THAT I have read the Statement of Claim for Divorce filed herein and
the information contained therein is correct except where otherwise stated
in this Affidavit.
Relief Requested
10. THAT this Affidavit is made in support of an application for:
(Set out in list form relief being requested.)
Sworn before me at the )
of , in the Province )
of Alberta, this day of )
, 19 . )
A Commissioner for Oaths in and )
for the Province of Alberta )
FORM 16
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF
BETWEEN:
Plaintiff
-and-
Defendant
Before the Honourable Justice At , in the Province
of the Court of Queen's of Alberta, on the day
Bench of Alberta of , 19 .
DIVORCE JUDGMENT
(WITHOUT ORAL EVIDENCE)
UPON THE STATEMENT OF CLAIM coming on before the Court this day;
AND UPON READING the pleadings and the Affidavits of ;
IT IS HEREBY ADJUDGED that the Court renders a Judgment of Divorce between
the Plaintiff and the Defendant, who were married on the day of
, 19 , at the of , in the
of , the divorce to be effective on the
31st day after the day that this Judgment is rendered, unless this Judgment
is appealed before that 31st day.
JUSTICE OF THE COURT OF
QUEEN'S BENCH OF ALBERTA
ENTERED at the of
in the Province of
Alberta, this day of
, 19 .
Clerk of the Court
THE SPOUSES ARE NOT FREE TO REMARRY UNTIL THIS JUDGMENT TAKES EFFECT, AT
WHICH TIME EITHER SPOUSE MAY OBTAIN A CERTIFICATE OF DIVORCE FROM THIS
COURT. IF AN APPEAL IS TAKEN FROM THIS JUDGMENT, IT MAY DELAY THIS
JUDGMENT TAKING EFFECT.
FORM 17
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF _____________
BETWEEN:
____________________________
Plaintiff
-and-
____________________________
Defendant
Before the Honourable Justice At ________, in the Province
_____ of the Court of Queen's of Alberta, on the ___ day
Bench of Alberta of __________, 19___.
DIVORCE JUDGMENT AND
COROLLARY RELIEF ORDER
(WITHOUT ORAL EVIDENCE)
UPON THE STATEMENT OF CLAIM FOR DIVORCE coming on before the Court this
day;
AND UPON READING the pleadings and the Affidavit(
s) of ;
AND UPON the Defendant having been found to have a guideline income of
$_________ and the Plaintiff to have a guideline income of $_________;
AND UPON the Court being advised that the name and birth date of each child
of the marriage is as follows:
____________________ ____________________
____________________ ____________________
1. IT IS ADJUDGED:
THAT the Court renders a Judgment of Divorce between the Plaintiff
and the Defendant, who were married on the _____ of ______, 19 , in the
_________of _______, the divorce to be effective on the 31st day after the
day this Judgment is rendered, unless this Judgment is appealed before that
31st day.
2. IT IS ORDERED:
THAT (set out custody arrangements).
3. IT IS ORDERED:
THAT (set out access arrangements).
4. IT IS ORDERED:
(Standard Child Support Payment Clause)
THAT The Defendant/Plaintiff shall pay to the Defendant/Plaintiff the
sum of $_________ per month for the support of the child(ren) of the
marriage, (names of child(ren)), payable on the 1st day of each month,
commencing ____________1, 19___.
5. IT IS ORDERED:
(Add-on for Additional Expenses)
THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the
sum of $_________ per month for additional expenses for the child(ren) of
the marriage, payable on the 1st day of each month, commencing __________1,
19___, allocated as follows:
Child Nature of Add-on Amount of Percentage
_________ _______________ ___________________
_________ _______________ ___________________
6. IT IS ORDERED:
(Medical and Dental Coverage)
THAT the Defendant/Plaintiff shall provide medical and dental
insurance coverage for the child(ren) of the marriage.
7. IT IS ORDERED:
(Child Over Age of Majority)
THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the
sum of $______ per month for __________, a child of the marriage over the
age of majority, payable on the 1st day of each month, commencing
__________ 1, 19___.
8. IT IS ORDERED:
(Undue Hardship)
THAT the Defendant/Plaintiff, having satisfied the Court that payment
of the full amount of child support prescribed in the Federal Child Support
Guidelines would cause the Defendant/Plaintiff undue hardship due to
___________, shall pay to the Defendant/Plaintiff for the support of the
child(ren), (names of child(ren)) , the sum of $________ per
month, payable on the 1st day of each month commencing ___________1, 19___.
[and]
IT IS FURTHER ORDERED:
THAT the child support shall be revisited in ____________ of 19___,
it being determined that the cause of the undue hardship should be
eliminated by that date.
[or]
IT IS FURTHER ORDERED:
THAT commencing on the _______day of _________, 19___, the
Defendant/Plaintiff shall pay the amounts prescribed by the guidelines,
namely __________.
9. IT IS ORDERED:
THAT (set out spousal support arrangements).
10.j IT IS ORDERED:
THAT the amounts owing under this Order be paid to the Director of
Maintenance Enforcement at _____________ and be enforced by the Director,
unless the creditor files with the Court and the Director a Notice, in
writing, that the Defendant/Plaintiff does not wish the Order to be
enforced by the Director pursuant to
section 7 of the Maintenance
Enforcement Act.
____________________________
JUSTICE OF THE COURT OF
QUEEN'S BENCH OF ALBERTA
ENTERED at the __________
of _________, in the Province
of Alberta, this ____ day
of _____________, 19___.
_______________
Clerk of the Court
THE SPOUSES ARE NOT FREE TO REMARRY UNTIL THIS JUDGMENT TAKES EFFECT, AT
WHICH TIME EITHER SPOUSE MAY OBTAIN A CERTIFICATE OF DIVORCE FROM THIS
COURT. IF AN APPEAL IS TAKEN FROM THIS JUDGMENT, IT MAY DELAY THIS
JUDGMENT TAKING EFFECT. (WHERE THE JUDGMENT AND COROLLARY RELIEF ORDER ARE
GRANTED OTHER THAN UNDER RULE 568, THE HEADING AND
PREAMBLE MUST BE
MODIFIED ACCORDINGLY.)
Consent to Corollary Relief
__________________________
Solicitor for the Defendant
(Consent may be required in some circumstances for Corollary Relief
Orders.)
FORM 18
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF ______________
BETWEEN:
_____________________________
Plaintiff
-and-
_____________________________
Defendant
Before the Honourable Justice At _______, in the Province
______ of the Court of Queen's of Alberta, on the ____ day
Bench of Alberta of ___________, 19____.
COROLLARY RELIEF ORDER
THE PARTIES hereto having been divorced by a Divorce Judgment rendered on
the _________ day of _________, 19____ and this matter having come on for
hearing in the presence of the Plaintiff and the Defendant (or in the
absence of the parties and counsel, as the case may be);
AND UPON CONSIDERING the pleadings and the Affidavit(
s) of (or the evidence
presented);
AND UPON the Defendant having been found to have a guideline income of
$_______ and the Plaintiff to have a guideline income of $_______;
AND UPON the Court being advised that the name and birth date of each child
of the marriage is as follows:
__________________ _________________
__________________ _________________
1. IT IS ORDERED:
THAT (set out the custody arrangements)
2. IT IS ORDERED:
THAT (set out the access arrangements)
3. IT IS ORDERED:
(Standard Child Support Payment Clause)
THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the
sum of $______ per month for the support of the child(ren) of the marriage,
(names of child(ren)), payable on the 1st day of each month, commencing
____________ 1, 19___.
4. IT IS ORDERED:
(Add-on for Additional Expenses)
THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the
sum of $_______ per month for additional expenses for the child(ren) of the
marriage, payable on the 1st day of each month, commencing ____________ 1,
19___, allocated as follows:
Child Nature of Add-on Amount of Percentage
_______ ________________ ___________________
_______ ________________ _____________________
5. IT IS ORDERED:
(Medical and Dental Coverage)
THAT the Defendant/Plaintiff shall provide medical and dental
insurance coverage for the child(ren) of the marriage.
6. IT IS ORDERED:
(Child Over Age of Majority)
THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the
sum of $_________ per month for ____________, a child of the marriage over
the age of majority, payable on the 1st day of each month, commencing
__________ 1, 19___.
7. IT IS ORDERED:
(Undue Hardship)
THAT the Defendant/Plaintiff, having satisfied the Court that payment
of the full amount of child support prescribed in the Federal Child Support
Guidelines would cause the Defendant/Plaintiff undue hardship due to
____________, shall pay to the Defendant/Plaintiff for the support of the
child(ren) of the marriage, (names of child(ren)) , the sum of
$__________ per month, payable on the 1st day of each month commencing
____________1, 19___ up to and including ___________, 19___.
[and]
IT IS FURTHER ORDERED:
THAT child support shall be revisited in ___________ of 19___, it
being determined that the cause of the undue hardship should be eliminated
by that date.
[or]
IT IS FURTHER ORDERED:
THAT commencing on the _______ day of _____________, 19___, the
Defendant/Plaintiff shall pay the amounts prescribed by the guidelines,
namely _____________.
8. IT IS ORDERED:
THAT (set out spousal support arrangements)
9. IT IS ORDERED:
THAT the amounts owing under this Order be paid to the Director of
Maintenance Enforcement at ___________ and be enforced by the Director,
unless the creditor files with the Court and the Director a Notice, in
writing, that the Defendant/Plaintiff does not wish the Order to be
enforced by the Director pursuant to
section 7 of the Maintenance
Enforcement Act.
____________________________
JUSTICE OF THE COURT OF
QUEEN'S BENCH OF ALBERTA
ENTERED at ____________in
the Province of Alberta this
____ day of ______, 19___.
________________
Clerk of the Court
FORM 19
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF _______________
BETWEEN:
___________________________
Plaintiff
-and-
__________________________
Defendant
Before the Honourable Justice At _______, in the Province
_____ of the Court of Queen's of Alberta, on the ___ day
Bench of Alberta of ___________, 19 ___.
VARIATION ORDER
UPON THE APPLICATION of ________________;
AND UPON READING the Affidavit(
s) of filed on behalf of (the
Plaintiff or the Defendant) ;
AND UPON HEARING representations by the counsel for both parties;
AND UPON the Defendant having been found to have a guideline income of
$________ and the Plaintiff to have a guideline income of $________;
AND UPON the Court being advised that the name and birth date of each child
of the marriage is as follows:
______________ _______________
______________ _______________
1. IT IS ORDERED:
THAT, pursuant to the Divorce Act (Canada), the Judgment pronounced
__________, 19___ by the Honourable Justice _______________ is hereby
varied to delete paragraph _____ of the said judgment.
2. IT IS ORDERED:
THAT the amounts owing under this Order be paid to the Director of
Maintenance Enforcement at ____________ and be enforced by the Director
unless the Creditor files with the Court and the Director a Notice, in
writing, that the Defendant/Plaintiff does not wish the Order to be
enforced by the Director pursuant to
section 7 of the Maintenance
Enforcement Act.
VARIABLE CLAUSES
3. IT IS ORDERED:
(Standard Child Support Payment Clause)
THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the
sum of $_______ per month for the support of the child(ren) of the
marriage, (names of child(ren)), payable on the 1st day of each month,
commencing ____________1, 19___.
4. IT IS FURTHER ORDERED:
(Add-on for Additional Expenses)
THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the
sum of $________ per month for additional expenses for the child(ren) of
the marriage, payable on the 1st day of each month, commencing _________1,
19___, allocated as follows:
Child Nature of Add-on Amount of Percentage
5. IT IS ORDERED:
(Medical and Dental Coverage)
THAT the Defendant/Plaintiff shall provide medical and dental
insurance coverage for the child(ren) of the marriage.
6. IT IS ORDERED:
(Child Over Age of Majority)
THAT the Defendant/Plaintiff shall pay to the Defendant/Plaintiff the
sum of $_________ per month for __________________, a child of the marriage
over the age of majority, payable on the 1st day of each month, commencing
__________1, 19___.
7. IT IS ORDERED:
(Undue Hardship)
THAT the Defendant/Plaintiff, having satisfied the Court that payment
of the full amount of child support prescribed in the Federal Child Support
Guidelines would cause the Defendant/Plaintiff undue hardship due to
____________, shall pay to the Defendant/Plaintiff for the support of the
child(ren) of the marriage, (names of child(ren)) , the sum of
$________ per month, payable on the 1st day of each month commencing
____________1, 19___ up to and including __________, 19___.
[and]
IT IS FURTHER ORDERED:
THAT the child support shall be revisited in _____________ of 19___,
it being determined that the cause of the undue hardship should be
eliminated by that date.
[or]
IT IS FURTHER ORDERED:
THAT commencing on the ________day of ___________, 19___, the
Defendant/Plaintiff shall pay the amounts prescribed by the guidelines,
namely _____________.
8. IT IS ORDERED:
THAT (set out spousal arrangements).
____________________________________
JUSTICE OF THE COURT OF QUEEN'S
BENCH OF ALBERTA
APPROVED AS TO FORM AND CONTENT:
(or) CONSENTED TO:
____________________________
Solicitor for the Plaintiff
____________________________
Solicitor for the Defendant
ENTERED at ____________in
the Province of Alberta this
____ day of ______, 19___.
________________
Clerk of the Court
------------------------------
Alberta Regulation 134/97
Provincial Offences Procedure Act
PROCEDURES AMENDMENT REGULATION
Filed: July 10, 1997
Made by the Lieutenant Governor in Council (O.C. 308/97) pursuant to
section 41 of the Provincial Offences Procedure Act.
1 The Procedures Regulation (AR 233/89) is amended by this Regulation.
Section 7(1) is repealed and the following is substituted:
7(1) A defendant who is convicted of an offence pursuant to
proceedings under
Part 3 of the Act and fails to pay a fine imposed by a
justice and the applicable surcharge, within the time allowed for payment
or, if no time is allowed, forthwith shall be liable to pay a late payment
charge equal to
(a) $20, or
(b) 20% of the outstanding balance of the fine imposed
and any applicable surcharge,
whichever is greater.
(1.1) The amount calculated under subsection (1)(
b) shall be rounded
down to the nearest dollar.
(2) Unless otherwise ordered by a justice, a late payment charge
shall not apply if the full amount of the fine and the surcharge is
received within 48 hours after the date on which the fine and surcharge are
required to be paid.
Section 8(1) is amended by adding "and any applicable surcharge" after
"imposed".
Schedule 1 is repealed and the
Schedule set out in this Regulation is
substituted.
Part 6 of
Schedule 2 is amended in
section 2 by repealing item 148 and
substituting the following:
148 105(3)(a)(b) 300
6 This Regulation comes into force on August 1, 1997.
SCHEDULE 1
Alberta Regulation 135/97
Victims of Crime Act
VICTIMS' PROGRAMS REGULATION
Filed: July 10, 1997
Made by the Lieutenant Governor in Council (O.C. 310/97) pursuant to
section 17 of the Victims of Crime Act.
Table of Contents
Part 1
Grants
Application for grant 1
Agreement 2
Payment of grant 3
Conditions of grant 4
Accounting for use of grant 5
Part 2
Surcharge
Surcharge 6
Part 3
Repeal, Expiry and Coming into Force
Repeal 7
Expiry 8
Coming into force 9
PART 1
GRANTS
Application for grant
1(1) A person who provides or proposes to provide a program that consists
of services that benefit victims or class or classes of victims during
their involvement with the criminal justice process may apply for a grant
in a form acceptable to the Minister of Justice and Attorney General.
(2) In addition to the information required in an application under
subsection (1), an applicant must provide any other information requested
by the Minister of Justice and Attorney General.
Agreement
2 The Minister of Justice and Attorney General may at any time require an
applicant to enter into an agreement with respect to the terms and
conditions of a grant and any matter relating to the payment or repayment
of a grant.
Payment of grant
3 If the Minister of Justice and Attorney General authorizes the payment
of a grant, the grant may, in accordance with the authorization, be paid
(
a) in a lump sum or in instalments, and
(
b) at the time or times specified.
Conditions of grant
4(1) A person who receives a grant must use the grant
(
a) only for the program described in the application and
authorized by the Minister of Justice and Attorney General, or
(
b) if the original program described in the application is varied
and the variation is agreed to by the person and by the Minister, only for
the program as varied.
(2) If a grant is not used by a person in accordance with subsection (1),
the Minister of Justice and Attorney General may require that the person
repay the grant in whole or in part to the Fund.
(3) If a person does not use all the grant paid to him for the program
referred to in subsection (1), he must return the unused portion to the
Fund, unless otherwise directed by the Minister of Justice and Attorney
General.
Accounting for use of grant
5 A person who receives a grant must, when required by the Minister of
Justice and Attorney General, provide evidence in a form and manner
satisfactory to the Minister of Justice and Attorney General of how the
grant was used.
PART 2
SURCHARGE
Surcharge
6 The amount of a surcharge is an amount that is equivalent to 15% of the
fine, rounded down to the nearest dollar, imposed on a person convicted of
an offence.
PART 3
REPEAL, EXPIRY AND COMING INTO FORCE
Repeal
7 The Victims' Programs Grants Regulation (AR 19/91) is repealed.
Expiry
8 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on August 1, 2002.
Coming into force
9 This Regulation comes into force on August 1, 1997.
------------------------------
Alberta Regulation 136/97
Hospitals Act
HOSPITALIZATION BENEFITS AMENDMENT REGULATION
Filed: July 10, 1997
Made by the Lieutenant Governor in Council (O.C. 311/97) pursuant to
section 62 of the Hospitals Act.
1 The Hospitalization Benefits Regulation (AR 244/90) is amended by this
Regulation.
Section 9 is amended
(
a) in subsection (1)(
a) and (
b) by striking out "prescribed" and
substituting "approved";
(
b) in subsection (2) by striking out "the full amount" and
substituting "a fee" and by striking out "the
schedule of fees prescribed"
and substituting "a
schedule of fees approved";
(
c) in subsection (4)(
b) by striking out "prescribed" and
substituting "approved".
------------------------------
Alberta Regulation 137/97
Teachers' Pension Plans Act
TEACHERS' AND PRIVATE SCHOOL TERACHERS' PENSION
PLANS AMENDMENT REGULATION
Filed: July 10, 1997
Approved by the Lieutenant Governor in Council (O.C. 317/97) pursuant to
section 14 of the Teachers' Pension Plans Act and
section 12 of the
Teachers' Pension Plans (Legislative Provisions) Regulation (AR 204/95).
1 The Teachers' and Private School Teachers' Pension Plans (AR 203/95)
are amended by this Regulation.
Schedule 1 is amended by sections 3 to 5.
Section 1(1) is amended
(
a) in clauses (
d) and (
e) by adding "but using a mortality table
that does not differentiate on the basis of any person's sex," after
"actuary";
(
b) in clause (
k) by adding "but using that mortality table used in
the latest actuarial valuation of the Plan that does not differentiate on
the basis of any person's sex" after "Actuaries".
Section 49 is amended
(
a) in subsection (1) by striking out from "until he reaches" to
the end of the subsection;
(
b) by adding the following after subsection (1):
(1.1) If and when the pensioner reaches the end of the month
in which that person attains the age of 65 years, the increased pension,
including the amount referred to in subsection (1), shall be reduced, with
effect from the following day, by the amount of the previously estimated
Canada Pension Plan retirement pension.
(
c) in subsection (2) by adding "and the pension remains payable to
another person" after "65 years";
(
d) in subsection (3) by adding "payment of the amount equal to the
actuarial equivalent of the previously estimated Canada Pension Plan
retirement pension ceases and" after "another person,".
5 The following is added after
section 74:
Mortality tables
75(1) Notwithstanding
section 3 of the Teachers' and Private
School Teachers' Pension Plans Amendment Regulation enacted on or about
July 9, 1997 insofar as it amends
section 1(1)(d), where pension
commencement occurs after August 31, 1997 as a result of a postponement
under
section 42 made before September 1, 1997, the mortality tables in use
immediately before September 1, 1997 are to continue to be used for the
purpose of determining actuarial equivalence of pensions.
(2) Subsection (1) is repealed at the end of August 1998.
Schedule 2 is amended by adding the following after
section 74:
Mortality tables
Section 75 of the Related Plan applies with respect to the Plan.
7 This Regulation comes into force on September 1, 1997.
------------------------------
Alberta Regulation 138/97
Motor Vehicle Administration Act
REGULATION TO AMEND REGULATIONS UNDER THE
MOTOR VEHICLE ADMINISTRATION ACT
Filed: July 10, 1997
Made by the Lieutenant Governor in Council (O.C. 318/97) pursuant to
section 59 of the Motor Vehicle Administration Act.
1 The Regulations Under the Motor Vehicle Administration Act (AR 22/76)
are amended by this Regulation.
2 Schedules A and B are amended with respect to the item "Failing to stop
for school bus" by striking out "4" and substituting "6".
3 This Regulation comes into force on August 1, 1997.
------------------------------
Alberta Regulation 139/97
Rural Electrification Long Term Financing Act
Rural Electrification Loan Act
RURAL ELECTRIFICATION LOAN REGULATION
Filed: July 11, 1997
Made by the Lieutenant Governor in Council (O.C. 319/97) pursuant to
section 27 of the Rural Electrification Long Term Financing Act and
section
27 of the Rural Electrification Loan Act.
Table of Contents
Interpretation 1
Assignment of loan agreements 2
Disclosure of information 3
Interest rate prescribed 4
Forms 5
Repeals 6
Schedules
Interpretation
1 In this Regulation,
(a) "Acts" means the REL Act and the RELTF Act;
(b) "assignee" means a person to whom an assignment under
section 2
has been made and that person's successors and assigns;
(c) "Minister" means the Minister of Transportation and Utilities;
(d) "REL Act" means the Rural Electrification Loan Act;
(e) "RELTF Act" means the Rural Electrification Long Term Financing
Act.
Assignment of loan agreements
2(1) The Minister may assign
(
a) a loan agreement entered into between the Director and an
association under the RELTF Act or
Part 1 of the REL Act, and
(
b) a loan agreement entered into between the Director and a
person, other than an association, under the RELTF Act or
Part 1 of the REL
Act, and any lien note given by that person in connection with the loan.
(2) Where the Minister makes an assignment under subsection (1), the
following applies on and from the effective date stated in the assignment,
subject to the qualifications and exceptions set out in subsection (3):
(
a) all accounts receivable, proceeds, charges, rights (subrogated
and otherwise), powers and obligations in respect of the assigned loan
agreement or the assigned loan agreement and lien note, as the case may be,
that are conferred on the Crown in right of Alberta, the Director or the
Provincial Treasurer by the Act and the loan agreement or the loan
agreement and lien note, as the case may be, are vested in the assignee;
(
b) subject to receiving notice of the assignment, an association
referred to in subsection (1)(
a) that has entered into a loan agreement
with the Director shall remit or cause to be remitted to the assignee all
subsequent payments in respect of the loan agreement that it receives from
the members of the association;
(
c) subject to receiving notice of the assignment, a person
referred to in subsection (1)(
b) who has given a lien note shall remit all
subsequent payments in respect of the lien note to the assignee;
(
d) the obligation in sections 13(1) and 13.1(1) of the REL Act and
sections 8(4) and 13.1(1) of the RELTF Act to remit money to the Director
and to pay money to the Provincial Treasurer does not apply to the
subsequent payments to be remitted to the assignee;
(
e) if a lien note is executed under
section 7.1(1.1) of the REL
Act, or
section 6.1(1.1) of the RELTF Act in respect of a loan agreement
assigned under subsection (1), the beneficial interest in the lien note is
vested in the assignee.
(3) Despite the making of an assignment under subsection (1), the
following qualifications and exceptions to subsection (2) apply:
(
a) the Director retains the right to direct and instruct the power
company for the purposes of sections 7.1(1.1)(
b) and 13.1(2.1) of the REL
Act and sections 6.1(1.1)(b), 9(2) and 13.1(2.1) of the RELTF Act;
(
b) the Director retains the rights, powers and obligations
conferred or imposed on him by sections 15 to 24 of the REL Act and
sections 15 to 24 of the RELTF Act in respect of the lien until a transfer
of the lien to the assignee is registered in the appropriate land titles
office, and in carrying out those rights, powers and obligations, the
Director shall act on the instructions of the assignee, subject to the
terms of any agreement between the assignee and the Crown in right of
Alberta.
(4) Where an assignment under subsection (1) occurs, the Acts, the loan
agreements and the lien notes shall be interpreted so as to give effect to
the assignment and this Regulation.
Disclosure of information
3(1) The Director may, for purposes related to an assignment referred to
section 2, disclose to an assignee or potential assignee personal
information about a borrower under a loan agreement or a person who has
given a lien note.
(2) Subsection (1) constitutes an authorization for the purposes of
section 38(1)(
e) of the Freedom of Information and Protection of Privacy
Act.
Interest rate prescribed
4 On and from September 1, 1997 the interest rate for the purposes of
section 5(3)(
b) of the REL Act and
section 3(1)(
b) of the RELTF Act is the
prime rate of The Toronto-Dominion Bank.
Forms
5(1) The Forms set out in
Schedule 1 are the forms prescribed for the
purposes of the Rural Electrification Long Term Financing Act.
(2) The Forms set out in
Schedule 2 are the forms prescribed for the
purposes of the Rural Electrification Loan Act.
Repeals
6 The Rural Electrification Long Term Financing Regulation (AR 253/91)
and the Rural Electrification Loan Regulation (AR 254/91) are repealed.
SCHEDULE 1
RURAL ELECTRIFICATION LONG
TERM FINANCING ACT
FORM 1
Lien Note (Member)
I, of , in the Province
of Alberta, farmer, a member of the Rural Electrification
Association Limited (herein referred to as "the Association"), hereby
promise to pay to the Association, the sum of $ (hereinafter referred
to as "the principal"), together with interest thereon (or so much as shall
from time to time remain unpaid) at the rate of % per annum. The
interest on the principal shall be computed from , 19 . The
principal and accrued interest shall be repayable in monthly
instalments of $ . The first instalment is to be made 30 days
after the principal is advanced with subsequent instalments due monthly
thereafter, until the required payments have been made.
DESCRIPTION OF LAND: ¬
Section ,
Township , Range , W M.
Executed before me and certified )
by me at the )
of , ) Signature of Applicant
in the Province of Alberta, this )
day of )
19 . )
Officer of the )
Rural Electrification Association Limited. ) Signature of
Registered Owner(
s) FORM 2
Lien Note (Person)
I, of , in the Province
of Alberta, farmer, hereby promise to pay to the Crown in right of Alberta,
the sum of $ (hereinafter referred to as "the principal"),
together with interest thereon (or so much as shall from time to time
remain unpaid) at the rate of % per annum. The interest on
the principal shall be computed from , 19 . The principal
and accrued interest shall be repayable in monthly instalments of
$ . The first instalment is to be made 30 days after the principal
is advanced, with subsequent instalments due monthly thereafter, until the
required number of payments have been made.
DESCRIPTION OF LAND: ¬
Section , Township , Range , W
Dated at in the Province of )
Alberta , 19 ) Signature of
Applicant
Executed in the presence of: )
Witness ) Signature of Registered Owner(
s) AFFIDAVIT OF EXECUTION
CANADA ) I, (Name in Full)
PROVINCE OF ALBERTA ) of the (Residence)
TO WIT: ) in the Province of , Canada, (Occupation)
make oath and say:
1. I was personally present and did see (Name(s))
named in the above lien note, who (is/are) personally known to me to be the
person(
s) named therein, duly sign and execute the lien note for the purpose
named therein.
2. The lien note was executed at the of in
the
of and I am the subscribing
witness thereto.
3. I know the said (Name(s)) and (he/she/each) is in
my belief of the full age of eighteen years.
Sworn before me at )
in the Province of Alberta this )
day of 19 ) (Witness sign here)
A Commissioner for Oaths in and )
for the Province of Alberta )
Nota Bene - All affidavits sworn outside the Province of Alberta must
be sworn before a Notary Public, who must affix his seal.
FORM 3
Notice of Lien
To the Registrar
Land Registration District.
Take notice that the Rural Electrification
Association Limited (hereinafter referred to as "the Association"), of
in the Province of Alberta, or that the Crown
in right of Alberta (hereinafter referred to as "the Crown"), under the
Rural Electrification Long Term Financing Act (hereinafter referred to as
"the Act"), holds a lien note executed and made by
and, pursuant to the provisions of the Act, the Association or the Crown,
has a lien on the interest of the said person(
s) in the land described as
follows:
to the amount of the said lien note held by the Association or the Crown,
and the Registrar of Land Titles shall maintain the registration of the
notice of lien in respect of the land until the notice of lien has been
cancelled, and the lien is to secure the payment of money advanced under
the Act in part on the security of the said lien note.
Dated at Edmonton, Alberta .
Director of Rural Electrification Associations
FORM 4
Discharge of Lien
Account Number:
To the Registrar
Alberta Land Registration District.
Take notice that the lien note executed by
under the Rural Electrification Long Term Financing Act and endorsed by
memorandum on the title of the following land, namely:
¬
Section , Township , Range , W
has been discharged and therefore the memorandum is to be cancelled
forthwith.
Dated at Edmonton, Alberta .
Director of Rural Electrification Associations
Lien Registered as No.
SCHEDULE 2
RURAL ELECTRIFICATION LOAN ACT
FORM 1
Lien Note (Member)
I, of , in
the Province of Alberta, farmer, a member of the Rural
Electrification Association Limited (hereinafter referred to as "the
Association"), hereby promise to pay to the Association the sum of $
(hereinafter referred to as "the principal"), together with interest
thereon (or so much as shall from time to time remain unpaid) at the rate
of % per annum. The interest on the principal shall be computed
from , 19 . The principal shall be repayable within years
by annual instalments of $ together with the accrued
interest on the unpaid principal. The first annual instalment of principal
and accrued interest is due one year after the said principal is advanced,
with subsequent instalments due on the anniversary date thereafter, until
the required payments have been made.
DESCRIPTION OF LAND: ¬
Section ,
Township , Range , W M.
Executed before me and certified )
by me at the )
of , ) Signature of Applicant
in the Province of Alberta, this )
day of )
19 . )
Officer of the )
Rural Electrification Association Limited. ) Signature of
Registered Owner(
s) FORM 2
Lien Note (Person)
I, of , in the
Province of Alberta, farmer, hereby promise to pay to the Crown in right of
Alberta, the sum of $ (hereinafter referred to as "the
principal"), with interest thereon (or so much as shall from time to time
remain unpaid) at the rate of % per annum. Interest on the principal
shall be computed from , 19 . The principal shall be repaid
within years by annual instalments of $ together
with the accrued interest on the unpaid principal. The first instalment of
principal and accrued interest is due one year after the principal is
advanced, with subsequent instalments due on the anniversary date
thereafter, until the required payments have been made.
DESCRIPTION OF LAND: ¬
Section , Township , Range , W
Dated at in the Province of )
Alberta , 19 . ) Signature of
Applicant
Executed in the presence of: )
Witness ) Signature of Registered Owner(
s) AFFIDAVIT OF EXECUTION
CANADA ) I, (Name in Full)
PROVINCE OF ALBERTA ) of the (Residence)
TO WIT: ) in the Province of , Canada, (Occupation)
make oath and say:
1. I was personally present and did see (Name(s)) named in the
above lien note, who (is/are) personally known to me to be the person(
s) named therein, duly sign and execute the lien note for
the purpose named therein.
2. The lien note was executed at the of ,
in the
Province of Alberta and I am the subscribing witness thereto.
3. I know the said (Name(s)) and (he/she/each) is in my belief
of the full age of eighteen years.
Sworn before me at the of )
, in the Province of Alberta )
this day of 19 ) (Witness sign
here)
A Commissioner for Oaths in and )
for the Province of Alberta )
Nota Bene - All affidavits sworn outside the Province of Alberta must
be sworn before a Notary Public, who must affix his seal.
FORM 3
Notice of Lien
To the Registrar
Land Registration District.
Take notice that the Rural
Electrification Association Limited (hereinafter referred to as "the
Association"), of in the Province of
Alberta, or that the Crown in right of Alberta (hereinafter referred to as
"the Crown"), under the Rural Electrification Loan Act (hereinafter
referred to as "the Act"), holds a lien note executed and made by
and, pursuant to the provisions of the Act, the
Association or the Crown, has a lien on the interest of the said person(
s) in the land described as follows: to the
amount of the said lien note held by the Association or the Crown, and the
Registrar of Land Titles shall maintain the registration of the notice of
lien in respect of the land until the notice of lien has been cancelled,
and the lien is to secure the payment of money advanced under the Act in
part on the security of the said lien note.
Dated at Edmonton, Alberta .
Director of Rural Electrification Associations
FORM 4
Discharge of Lien
Account Number:
To the Registrar
Alberta Land Registration District.
Take notice that the lien note executed by
under the Rural Electrification Loan Act and endorsed by memorandum on the
title of the following land, namely:
¬
Section , Township , Range ,W
has been discharged and therefore the memorandum is to be cancelled
forthwith.
Dated at Edmonton, Alberta .
Director of Rural Electrification Associations
Lien Registered as No.