Alberta Regulation 51/2001

Dependent Adults Act

DEPENDENT ADULTS AMENDMENT REGULATION

Filed: April 4, 2001

Made by the Lieutenant Governor in Council (O.C. 121/2001) on April 4, 2001

pursuant to

section 69 of the Dependent Adults Act.

1 The Dependent Adults Regulation (AR 289/81) is amended by this

Regulation.

Section 5.4(1) is amended by striking out "Surrogate Court" and

substituting "Court of Queen's Bench".

3 The

Schedule is amended

(

a) in the following forms by striking out "Surrogate Court"

wherever it occurs and substituting "Court of Queen's Bench" and by

striking out "SURROGATE COURT" and substituting "COURT OF QUEEN'S BENCH":

Form 10;

Form 11;

Form 11 A;

Form 12;

Form 13;

(

b) in Form 11A by striking out "judge" wherever it occurs and

substituting "justice" and by striking out "JUDGE" and substituting

"JUSTICE";

(

c) by adding the heading "SURROGATE MATTER" after the headings

"FORM 10", "FORM 11", "FORM 11A", "FORM 12" and "FORM 13".

Alberta Regulation 52/2001

Court of Appeal Act

Court of Queen's Bench Act

Civil Enforcement Act

ALBERTA RULES OF COURT AMENDMENT REGULATION

Filed: April 4, 2001

Made by the Lieutenant Governor in Council (O.C. 124/2001) on April 4, 2001

pursuant to

section 15 of the Court of Appeal Act,

section 18 of the Court

of Queen's Bench Act and

section 107 of the Civil Enforcement Act.

1 The Alberta Rules of Court (AR 390/68) are amended by this Regulation.

2 Rule 30 is amended by adding the following after clause (p):

(

q) the proceeding relates to the breach of an equitable duty

within Alberta.

3 Rule 298(1) is repealed and the following is substituted:

Formal contents

298(1) An affidavit must

(

a) be titled in a cause or matter or in an intended

action,

(

b) be drawn up in the first person stating the

deponent's name in full, and the deponent's occupation and place of abode,

and

(

c) have the name of the deponent and the date it was

sworn stated at the top of the front page and the backer.

4 Rule 311 is amended by adding the following after subrule (2):

(3) Exhibits to an affidavit must be legible.

(4) If the total number of pages for an affidavit and exhibits

exceeds 25 pages and if the exhibits are attached to the affidavit,

(

a) the exhibit must be separated by tabs, and the

pages within each tab must be numbered consecutively, or

(

b) the pages of the affidavit and all exhibits must be

consecutively numbered using a single series of numbers.

5 Rule 384 is amended by repealing subrule (2) and substituting the

following:

(2) A Notice of Motion must

(

a) state the relief sought,

(

b) state briefly the grounds and material or evidence

intended to be relied on, including any reference to any statutory

provision or Rule sought to be invoked, and

(

c) specify any irregularities complained of or

objection relied on.

(3) The respondent to a Notice of Motion shall give reasonable

notice to the applicant of any material that the respondent intends to rely

on, including any material that has already been filed.

(4) Notice under subrule (3) must be given at least 24 hours before

the day for hearing.

6 The following is added after Rule 460:

Examination of debtor

460.1(1) A person who is a secured party under the Personal Property

Security Act, on service of a written notice on the debtor, may require the

debtor to attend an examination and be examined under oath by the secured

party with respect to the location of the collateral that is the subject of

the security interest.

(2) A court order is not necessary to obtain an examination under

subrule (1) but the notice must be served on the debtor at least 7 days

before the day that the debtor is required to attend the examination for

which the notice is served.

(3) Except as otherwise provided in this Rule, the Rules relating to

an examination for discovery apply, with any necessary modifications, to an

examination under this Rule.

7 Rule 505 is amended by adding the following after subrule (5):

(6) No judgment given or order made by one justice of appeal shall

be subject to any appeal, except by leave of the justice giving the

judgment or making the order.

8 Rule 508 is repealed and the following is substituted:

Stay of enforcement

508(1) Subject to subrule (3), an appeal does not operate as a stay

of enforcement or of proceedings under the decision appealed from unless

the Court of Queen's Bench stays enforcement or proceedings of the decision

pending appeal.

(2) An appeal does not invalidate any intermediate act or proceeding

except as may be directed by the court that rendered the decision being

appealed.

(3) If an application under subrule (1) to the judge appealed from

is granted, refused, made but not heard, or is impractical, a judge of the

Court of Appeal may de novo stay enforcement or proceedings of the decision

being appealed.

9 Rule 516 is amended by striking out ", or in other cases, by the

court".

10 The following is added after Rule 518:

Application of

Part 12

518.1

Part 12 of these Rules applies, with the necessary changes,

to an offer or payment into court made between the filing of an appeal and

the commencement of oral argument of an appeal.

11 Rule 530(1)(a)(ii) is amended by striking out ", consisting of oral

testimony".

12 Form L of

Schedule A is repealed and the following is substituted:

FORM L

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF _________________________

BETWEEN:

CREDITOR

AND

DEBTOR

AND

GARNISHEE

GARNISHEE SUMMONS

This Garnishee Summons is issued on

for the amount of $ (this amount may be adjusted from time to

time)

against

Employment Earnings Deposit Accounts Other obligations

Clerk of the Court

Judgment is for Alimony or Maintenance

NOTE: In the case of judgments for alimony or maintenance, where employment

earnings are being garnished, the Maintenance Enforcement Act employment

exemptions apply (See

section 13(1) of the Maintenance Enforcement

Regulation (AR 2/86)).

This summons expires:

a) in the case of a deposit account, 60 days from the date it was

issued.

b) in all other cases, one year from the date it was issued,

unless renewed.

Affidavit in Support of Garnishee Summons

I, of the Town/City of

in the Province of Alberta, make oath and say that:

1. I am (the solicitor/agent for) the Creditor and in accordance with

the judgment/Attachment Order specified in this Garnishee Summons, a Writ

of Enforcement/Attachment Order has/has not been registered at the Personal

Property Registry.

2. The proposed Garnishee and the Debtor have a contract or other legal

relationship under which monies are or may become due from the proposed

Garnishee to the Debtor.

3. The proposed Garnishee is within Alberta.

Sworn/Affirmed before me at

Alberta, on

Signature

A Commissioner for Oaths in

and for the Province of Alberta

Print Name and Expiry Date

GENERAL INSTRUCTIONS

Within 15 days from receiving this Garnishee Summons and the prescribed $25

administration fee, you must

1. if any amount is payable by you to the Debtor under the attached

obligation when this Garnishee Summons is served on you, pay to the Clerk

of the Court the lesser of

a) the amount for which this Garnishee Summons has been issued, or

b) the amount payable by you to the Debtor under the attached

obligation,

less the garnishee fee of $10, along with a statement detailing how

the amount paid into Court was calculated.

- OR -

2. if no amount is payable by you to the Debtor, file with the Clerk of

the Court a written response setting out that there is no obligation or

that the obligation is owed to someone else;

if another Garnishee Summons regarding the same obligation against

the Debtor is served on you and is still in effect, file with the Clerk of

the Court a statement to that effect indicating the expiry date of the

other Garnishee Summons.

- AND -

a) serve a copy of the Garnishee Summons on the Debtor personally

or by ordinary mail, in accordance with the regulations, and complete the

Certificate of Service on the Debtor on the backer of this document. If

you are unable to serve the Debtor, state why in your response, and,

b) send the Certificate, response and payment to the Clerk's

Office. Make cheques payable to the PROVINCIAL TREASURER and send to the

Clerk of the Court of Queen's Bench at:

NOTE: Any subsequent monies paid into Court pursuant to this Garnishee

Summons should be accompanied by an accounting and a copy of this Garnishee

Summons.

SPECIFIC INSTRUCTIONS

1. JOINT ENTITLEMENT

A Garnishee Summons as against a joint deposit account only attaches a

current obligation as defined in the Civil Enforcement Act.

If a joint deposit account or other obligation which is joint is being

garnished, and there is money owing by you to the Debtor, you must

a) forward to the Clerk of the Court the Debtor's share of the

monies in the joint entitlement, based on an equal division of the monies

amongst all joint owners, less any garnishee fees as set out in the

Regulations, and

b) provide to the Clerk of the Court in your written response the

names and addresses of each joint obligee other than the Debtor, as shown

in your records, or a certificate stating that you have served a copy of

this Garnishee Summons on each joint obligee.

2. FUTURE OBLIGATION

When an amount or amounts may later become payable by you to the

Debtor under the attached obligation, you must reply to the Clerk of the

Court in writing stating

a) the date or dates on which an amount is expected to become

payable,

b) the amount expected to be payable, and

c) any contingencies that must be satisfied before an amount will

be payable.

When the money becomes payable, pay the money to the Clerk of the Court in

accordance with number 1 of the General Instructions above.

3. EMPLOYMENT EARNINGS

If employment earnings are being garnished and there is money owing

by you to the Debtor, within 5 days after the end of the Debtor's last pay

period for any month during which this Garnishee Summons is in effect you

must pay to the Clerk of the Court the Debtor's net pay, less the Debtor's

employment earnings exemption (see Employment Earnings Exemptions listed

below), less the garnishee fee of $10, and deliver to the clerk a written

statement setting out

a) the Debtor's total employment earnings for the pay period that

ended in the month;

b) the amounts deducted from the total earnings to calculate the

Debtor's net pay for the month;

c) the number of the Debtor's dependants;

d) the amount, if any, paid to the Clerk of the Court;

e) the frequency of payment of the Debtor's employment earnings.

If the Debtor's employment earnings are paid more frequently than

monthly, you may elect to comply at the end of each pay period instead of

the end of each month, in which case the minimum and maximum employment

exemption for each pay period is determined by multiplying the monthly

exemption by the number of days in the pay period and dividing the product

by 30.

NET PAY

The Debtor's net pay for a particular month is the Debtor's total

employment earnings for pay periods that end in that month, less any

amounts you are required to deduct in respect of the Debtor's liability for

income tax, Canada Pension contributions, and unemployment insurance

premiums.

Employment Earnings Exemptions

For the purposes of garnishing a Debtor's employment earnings from the

Debtor's employer, the following applies:

a) a Debtor's actual employment earnings exemption for any month

is the sum of

i) the Debtor's minimum exemption, and

ii) one half of any amount by which the Debtor's net

pay exceeds the Debtor's minimum exemption;

b) a Debtor's actual employment earnings exemption for any month

shall not exceed the Debtor's maximum exemption.

For a Debtor with no dependants, the minimum employment earnings exemption

is $800 and the maximum employment earnings exemption is $2400. The

minimum and maximum employment earnings exemption increases by $200 for

each dependant.

DEPENDANTS

In addition to any person identified as a dependant by an order of the

Court, the following are dependants of the Debtor:

a) any person for whom a Debtor is entitled to claim a spousal

amount for the purposes of the Income Tax Act (Canada);

b) any child of a Debtor who is under the age of 18 years and

lives with the Debtor;

c) any relative of a Debtor or of the Debtor's spouse or spousal

equivalent who lives with the Debtor, and, by reason of mental or physical

infirmity, is financially dependent on the Debtor.

For the purpose of calculating the amount payable to the Clerk of the

Court, you are entitled to rely in good faith on a written statement from

the Debtor identifying the Debtor's dependants.

NOTE: In the case of judgments for alimony or maintenance, the Maintenance

Enforcement Act employment exemptions apply (See

section 13(1) of the

Maintenance Enforcement Regulation) (AR 2/86).

A calculation worksheet is available from the Clerk's Office to

assist you with the application of the employment earnings exemptions.

To the Clerk:

The Creditor has a Judgment/Attachment Order against the Debtor, and a Writ

of Enforcement/Attachment Order has been registered at Personal Property

Registry as

PPR Registration Number

The amount specified in the Writ of Enforcement/ Attachment Order is

$______, of which the present

Balance owing is $_______

Plus related writs $_______

(as per the attached

search results)

Plus probable costs $_______

TOTAL $_______

Certificate of Service on the Debtor

(Name of person who served the Garnishee Summons)

am the

Garnishee/Agent for the Garnishee

Credit/Agent for the Creditor

and I hereby certify that on (Date

of Service of Garnishee Summons).

I served .

(Name of Debtor)

personally

by ordinary mail (NOTE: Only the Garnishee may serve a Garnishee

Summons on a Debtor by ordinary mail unless otherwise ordered by the Court)

with a true copy of the Garnishee Summons pursuant to the Alberta Rules of

Court and the Civil Enforcement Act.

Dated

Garnishee/Creditor Signature

Print Name

(If there is more than one Debtor, please complete an additional

Certificate of Service for each Debtor.)

Q.B. Action Number

IN THE COURT OF QUEEN'S BENCH OF ALBERTA

JUDICIAL DISTRICT OF

BETWEEN:

Creditor

Address, Postal Code, Telephone Number and Fax Number

AND

Debtor

Address, Postal Code, Telephone Number and Fax Number

AND

Garnishee

Address, Postal Code, Telephone Number and Fax Number

GARNISHEE SUMMONS

Before Judgment

After Judgment

Filed By:

Name/Firm

Address and Postal Code

Telephone Number

Fax Number

File Number

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

Alberta Regulation 53/2001

Court of Queen's Bench Act

Dependent Adults Act

SURROGATE RULES AMENDMENT REGULATION

Filed: April 4, 2001

Made by the Lieutenant Governor in Council (O.C. 125/2001) on April 4, 2001

pursuant to

section 18 of the Court of Queen's Bench Act.

1 The Surrogate Rules (AR 130/95) are amended by this Regulation.

2 Rule 1(

a) is repealed and the following is substituted:

(a) "Act" means the Court of Queen's Bench Act;

3 Rule 3 is repealed.

4 Rule 16 is amended

(

a) in subsection (1) by striking out "judge" and substituting

"justice";

(

b) in subsection (8)(

a) by striking out "Judge of the Surrogate

Court" and substituting "Justice of the Court of Queen's Bench of Alberta".

5 Rule 63 is amended by striking out "judge in chambers" and substituting

"justice in chambers".

6 Rule 93(3) is amended by striking out "Clerk of the Surrogate Court"

and substituting "Clerk of the Court".

Schedule 3 is amended in the following forms:

(

a) subject to clause (c), by striking out "Surrogate Court"

wherever it occurs, except in the term "Clerk of the Surrogate Court", and

substituting "Court of Queen's Bench":

Form NC 1;

Form NC 24.1;

Form NC 24.2;

Form NC 26;

Form NC 28;

Form NC 30;

Form NC 32;

Form NC 43;

Form NC 46;

Form C 1;

Form C 3.1;

Form C 8;

Form C 10;

Form C 12;

Form C 13;

Form ACC 1;

Form ACC 4;

Form ACC 5.1;

Form ACC 5.2;

Form ACC 6;

Form ACC 10;

Form ACC 13;

Form DA 1;

Form DA 3;

Form DA 4.1;

Form DA 4.2;

Form DA 6;

Form DA 10;

Form DA 13;

Form DA 14;

Form DA 15;

Form DA 16;

Form DA 18;

(

b) by striking out "Clerk of the Surrogate Court" wherever it

occurs and substituting "Clerk of the Court":

Form NC 24.2;

Form NC 36;

Form NC 37;

Form NC 38;

Form NC 39;

Form NC 40;

Form NC 41;

Form NC 42;

Form NC 48;

Form NC 49;

Form C 3;

Form C 3.1;

Form C 4;

Form C 13;

Form ACC 13;

Form DA 13;

Form DA 18;

(

c) in every Form, except in Form NC 29, by striking out "Surrogate

Court of Alberta" wherever it appears opposite the word "COURT" and

substituting "Court of Queen's Bench of Alberta (Surrogate Matter)";

(

d) in Form NC 29, by striking out "Surrogate Court of Alberta"

opposite "JUDICIAL DISTRICT" and by adding "Court of Queen's Bench of

Alberta (Surrogate Matter)" opposite "COURT";

(

e) by striking out "Judge" wherever it occurs and substituting

"Justice" and by striking out "judge" wherever it occurs and substituting

"justice":

Form NC 1;

Form NC 26;

Form NC 28;

Form NC 30;

Form NC 32;

Form NC 36;

Form NC 37;

Form NC 38;

Form NC 39;

Form NC 40;

Form NC 41;

Form NC 42;

Form NC 43;

Form NC 46;

Form NC 48;

Form C 1;

Form C 3.1;

Form C 8;

Form C 10;

Form C 12;

Form C 13;

Form ACC 1;

Form ACC 4;

Form ACC 6;

Form ACC 10;

Form ACC 13;

Form DA 1;

Form DA 3;

Form DA 6;

Form DA 10;

Form DA 13;

Form DA 14;

Form DA 15;

Form DA 16;

Form DA 18;

(

f) in Form NC 33 in sections 3, in items 3.1 and 3.2, and 5 by

striking out "Surrogate Court of" and substituting "(insert name and

jurisdiction of court)".

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

Alberta Regulation 54/2001

Provincial Court Act

PROVINCIAL COURT JUDGES AND MASTERS IN CHAMBERS

COMPENSATION AMENDMENT REGULATION

Filed: April 4, 2001

Made by the Lieutenant Governor in Council (O.C. 128/2001) on April 4, 2001

pursuant to

section 21.52 of the Provincial Court Act.

1 The Provincial Court Judges and Masters in Chambers Compensation

Regulation (AR 176/98) is amended by this Regulation.

Section 4(2) is amended by striking out "30" and substituting "33.5".

3 This Regulation is deemed to have come into force on April 1, 2001.

Alberta Regulation 55/2001

Provincial Court Act

PROVINCIAL COURT CIVIL CLAIMS FORMS REGULATION

Filed: April 9, 2001

Made by the Minister of Justice and Attorney General (M.O. 8/2001) on April

6, 2001 pursuant to

section 21(3) of the Provincial Court Act

Form of civil claim

1(1) The copy of a civil claim that is retained by the Court must be in

Form 1 of the Schedule.

(2) The copy of a civil claim that is served on a defendant must be in

Form 2 of the Schedule.

Form of dispute note

2 A dispute note must be in Form 3 of the Schedule.

Repeal

3 The Provincial Court Civil Division Forms Regulation (AR 317/89) is

repealed.

Coming into force

4 This Regulation comes into force on April 1, 2001.

SCHEDULE

FORM 1

Provincial Court of Alberta

Civil Division

Plaintiff

and

Defendant

Civil Claim

The Plaintiff Claims from the Defendant $

and

costs of this action. The Claim arose at ,

Alberta on or about (date)

The reasons for the Claim are:

I will be calling witnesses.

I abandon that part of my Claim that exceeds the financial

jurisdiction of this Court.

I understand and agree that I cannot recover in this Court or any

other court the part of my Claim that is abandoned.

The Plaintiff's address for service is:

City

Province

Postal Code

Res. Phone

Bus. Phone

The Defendant's address for service is:

City

Province

Postal Code

Res. Phone

Bus. Phone

The Defendant's address for service is:

City

Province

Postal Code

Res. Phone

Bus. Phone

Dated

at , Alberta Signature of Plaintiff/Agent/Solicitor

Print Name

Issued by the Provincial Court of Alberta on

Clerk of the Provincial Court

FORM 2 (FRONT)

Provincial Court of Alberta

Civil Division

Plaintiff

and

Defendant

Civil Claim

The Plaintiff Claims from the Defendant $

and

costs of this action. The Claim arose at ,

Alberta on or about (date) .

The reasons for the Claim are:

I will be calling witnesses.

I abandon that part of my Claim that exceeds the financial

jurisdiction of this Court.

I understand and agree that I cannot recover in this Court or any

other court the part of my Claim that is abandoned.

The Plaintiff's address for service is:

City

Province

Postal Code

Res. Phone

Bus. Phone

The Defendant's address for service is:

City

Province

Postal Code

Res. Phone

Bus. Phone

The Defendant's address for service is:

City

Province

Postal Code

Res. Phone

Bus. Phone

Dated

at , Alberta Signature of Plaintiff/Agent/Solicitor

Print Name

Issued by the Provincial Court of Alberta on

Clerk of the Provincial Court

Important Notice to Defendant on other side - TURN OVER

FORM 2 (BACK)

Notice to Defendant

Within 20 days of receiving this Civil Claim (30 days if served outside of

Alberta), you must:

1 pay to the Court office the amount of the Civil Claim plus costs

(contact the Court office) by cash, certified cheque, money order or debit

card (if available) only. A Court appearance will not be necessary if you

choose this option.

2 dispute the Civil Claim by completing and then delivering the

attached form of Dispute Note in person, by fax machine or by mail to the

Court office at the address shown on the other side (turn over). The Court

office must receive the form of the Dispute Note within the 20-day (30-day)

time limit.

If you do not pay or dispute the Civil Claim, judgment may be entered

against you for the amount of the Claim, interest and costs.

It is your responsibility to notify the Court office of any change in your

address.

FORM 3 (FRONT)

Provincial Court of Alberta

Civil Division

Plaintiff

and

Defendant

Dispute Note by

1 I dispute the Plaintiff's Civil Claim for the following reasons:

2 I Counterclaim or Claim a set-off for $________________, for the

following reasons:

I will be calling __________ witnesses.

I abandon that part of my Counterclaim that exceeds the financial

jurisdiction of this Court. I understand and agree that I cannot recover

in this Court or in any other court the part of my Counterclaim that is

abandoned.

3 My address for service is:

City

Province

Postal Code

Res. Phone

Bus. Phone

Dated

at , Alberta

Signature of Defendant/Agent/Solicitor

Print Name

See other side (turn over) for important instructions to the Defendant.

It is your responsibility to notify the Court office of any changes in your

address.

FORM 3 (BACK)

Things to Know to Dispute this Civil Claim

If you do not have a legitimate reason for disputing a claim, filing a

Dispute Note may result in increased costs to you.

1 In paragraph 1, state clearly the reasons you are disputing the Civil

Claim. If you dispute only part of the Civil Claim, set out which

part is

disputed.

2 In paragraph 2, if you are claiming an amount from the Plaintiff,

clearly set out the amount you are claiming and the reasons.

3 In paragraph 3, set out an address at which documents may be served

on you.

4 Deliver the completed Dispute Note in person, by fax machine or by

mail to the Court address shown on the front of the Civil Claim, within the

time limit set out on the Notice to the Defendant, on the back of your copy

of the Civil Claim. Call the Court office if you need help to count the

number of days.

After you have delivered the Dispute Note, you will be notified in writing

by the Court of the time, date and place of the appearance.

Please do not send any additional material with the Dispute Note (i.e.

books, papers, etc.).

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

Alberta Regulation 56/2001

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY

AMENDMENT REGULATION

Filed: April 11, 2001

Made by the Lieutenant Governor in Council (O.C. 135/2001) on April 11,

2001 pursuant to

section 16 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 44/2001)

is amended by this Regulation.

Section 7(3) is amended by striking out "Infrastructure" and

substituting "Transportation".

Section 8 is amended

(

a) in subsection (1)(

e) by striking out "section 4(2)(

f) and (g)"

and substituting "sections 4 to 8";

(

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

(3) The responsibility for sections 4 to 8, except

section

4(2)(

f) and (g), of

Schedule 5 of the Government Organization Act is

transferred to the common responsibility of the Minister of Environment and

the Minister of Infrastructure.

(4) The powers, duties and functions of the Minister of

Environment in the Calgary Restricted Development Area Regulations (AR

212/76), Edmonton Restricted Development Area Regulations (AR 287/74) and

The Sherwood Park West Restricted Development Area Regulations (AR 45/74)

are transferred to the Minister of Infrastructure.

Section 9(1) is amended

(

a) by repealing clauses (

a) and (n);

(

b) in clause (

j) by striking out "and 13" and substituting ", 13

and 76.1".

Section 14(2) is amended by repealing clauses (a), (b), (

e) and (f).

Section 17(1) is amended by adding the following after clause (xx):

(xx.1) Motor Vehicle Accident Claims Act, except sections 3 and

Section 20(1) is amended

(

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

(a.1) Alberta Heritage Savings Trust Fund Act;

(

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

(c.1)

section 76.1 of the Financial Administration Act;

(

c) by adding the following after clause (d):

(d.1) Government Fees and Charges Review Act;

Section 24 is amended

(

a) in subsection (1)

(

i) by renumbering clause (

a) as clause (a.2) and

adding the following before clause (a.2):

(

a) Canadian Airlines Corporation Act;

(a.1) Central Western Railway Corporation

Act;

(ii) by repealing clause (f);

(iii) by adding the following after clause (i):

(i.1) Railway Act;

(i.2) Regional Airports Authorities Act;

(

b) by repealing subsection (3) and substituting the following:

(3) The powers, duties and functions of the Minister

(

a) in sections 1 to 8 and

Schedule 1 of the

Transportation and Utilities Grants Regulation (AR 355/86) are transferred

to the common responsibility of the Minister of Infrastructure and the

Minister of Transportation;

(

b) in Schedules 2 to 9 of the Transportation and

Utilities Grants Regulation (AR 355/86) are transferred to the Minister of

Transportation;

(

c) in Schedules 10 and 11 of the Transportation and

Utilities Grants Regulation (AR 355/86) are transferred to the Minister of

Infrastructure.

Alberta Regulation 57/2001

Regional Health Authorities Act

ELECTION AND APPOINTMENT OF REGIONAL HEALTH

AUTHORITY MEMBERS REGULATION

Filed: April 11, 2001

Made by the Lieutenant Governor in Council (O.C. 137/2001) on April 11,

2001 pursuant to

section 21 of the Regional Health Authorities Act.

Table of Contents

Definitions 1

Establishment of Electoral Districts and Composition

of Regional Health Authorities

Ministerial order 2

Officers 3

Election of Elected Members

Election of members 4

Local Authorities Election Act applies 5

Conduct of vote 6

Application of Local Authorities Election Act provisions 7

Appointed Members

Appointment of appointed members 8

Eligibility 9

Unsuccessful candidates 10

Selection of potential appointees 11

Other Rules

Loss of office 12

No double eligibility 13

Vacancies 14

Offence 15

Transitional and Expiry

Existing members 16

Expiry 17

Definitions

1 In this Regulation,

(a) "appointed member" means an appointed member referred to in

section 2(b)(iii);

(b) "elected member" means a person who is or is to be elected as a

member of a regional health authority under this Regulation;

(c) "Minister" means the Minister of Health and Wellness.

Establishment of Electoral Districts and

Composition of Regional Health Authorities

Ministerial order

2 The Minister shall by order

(

a) establish electoral districts in each health region for the

purposes of an election of members of the regional health authority under

this Regulation, and

(

b) determine, with respect to each regional health authority,

(

i) the number of members on the regional health

authority,

(ii) the number of members that are to be elected under

this Regulation and the number of members that are to be elected from each

electoral district within the health region, and

(iii) the number of members that are to be appointed by

the Minister under

section 8.

Officers

3(1) The Minister shall appoint one of the members as chair.

(2) The members shall appoint one of the members as vice-chair.

(3) The members may designate the other offices of the regional health

authority and appoint from among themselves persons to those offices and

prescribe their duties.

Election of Elected Members

Election of members

4(1) The first elected members are to be elected in the general election

of 2001 and elected members must be elected at every subsequent general

election.

(2) Notwithstanding

section 1(

l) of the Local Authorities Election Act,

the election of elected members in 2001 is deemed to be a general election.

Local Authorities Election Act applies

5 The provisions of the Local Authorities Election Act apply in respect

of the election of the elected members of regional health authorities as if

health regions were local jurisdictions within the meaning of that Act and

as if regional health authorities were elected authorities within the

meaning of that Act, except to the extent that this Regulation

(

a) makes the provision inapplicable,

(

b) makes the provision applicable as modified by this Regulation,

(

c) makes rules applicable in place of the provision.

Conduct of vote

6(1) The Minister of Health and Wellness is responsible for conducting the

vote of the electors residing in a municipality, specialized municipality

or Indian reserve in an election under this Regulation and, for the

purposes of the election, has all the rights, powers and duties of an

elected authority under the Local Authorities Election Act to conduct the

vote.

(2) The Minister of Health and Wellness may enter into any agreements that

the Minister considers necessary with any person or body for the purposes

of conducting the vote, and such persons and bodies are authorized to enter

into such agreements.

(3) A person or body that enters into an agreement under subsection

(2) has all the rights, powers and duties of the Minister of Health and

Wellness to conduct the vote.

Application of Local Authorities Election Act provisions

7(1) A reference in the Local Authorities Election Act to "this Act" shall

be read as including a reference to this Regulation.

(2) A reference to "Minister" or "relevant Minister" in a provision in the

Local Authorities Election Act means, for the purposes of the application

of the provision to an election under this Regulation, the Minister of

Health and Wellness.

(3) A reference in the Local Authorities Election Act to "ward" shall,

with respect to a health region, be read as a reference to an electoral

district established by the Minister in an order under

section 2.

(4) A list of electors, if any, prepared by an elected authority under the

Local Authorities Election Act may be used as the list of electors for the

purposes of conducting a vote under this Regulation.

(5) The sections referred to in subsections (6) to (21) of this

section

are sections in the Local Authorities Election Act.

(6) Section 1(

t) does not apply and the following applies instead:

(t) "secretary" means the chief executive officer of a regional

health authority, or an employee of the regional health authority who is

designated by the Minister as secretary;

(7) Section 7 does not apply.

(8) Notwithstanding

section 10, where a by-law is passed under

section

10(2), the ballots in an election under this Regulation may not be counted

until after the close of voting on the following Monday.

(9) Notwithstanding

section 11(1)(b)(ii), a person referred to in that

section is not eligible to vote in an election under this Regulation unless

that person resides in the health region.

(10) Section 12(1) and (2) do not apply and the following applies instead:

Appointment of returning officers

12(1) The Minister of Health and Wellness shall appoint a returning

officer for each health region for the purposes of conducting an election

under this Regulation.

(11) Section 17 does not apply and the following applies instead:

Substitute returning officer

17 If a returning officer becomes incapable of carrying out the

duties of returning officer, the Minister of Health and Wellness may, in

writing, appoint a person to act in the place of the returning officer.

(12) Sections 21 and 22 do not apply and the following applies instead:

Nomination of candidates

21(1) In this section, "spouse" includes a party to a relationship

between a man and a woman who are living together on a bona fide domestic

basis but does not include a party who is living apart from the other party

if the parties have separated pursuant to a written separation agreement or

if their support obligations and family property have been dealt with by a

court order.

(2) A person may be nominated as a candidate in any election under

this Regulation if on nomination day that person

(

a) is eligible to vote in that election, and

(

b) is not otherwise ineligible or disqualified.

(3) Subject to subsection (5), a person is not eligible to be

nominated as a candidate in an election under this Regulation if on

nomination day that person

(

a) is an employee of the regional health authority;

(

b) is an employee of the Government who is under the

administration of the Minister of Health and Wellness;

(

c) is an independent health service provider who,

directly or indirectly through a corporation, partnership or other

association, receives from the Government of Alberta or the regional health

authority, or both, income through the provision of health services;

(

d) is a director, officer or employee of a health

service organization, 50% or more of whose ongoing funding comes from the

Government of Alberta through the Department of Health and Wellness, from

the regional health authority or from a combination of both;

(

e) is a director, officer or employee of a

corporation, partnership or other association (other than a corporation,

partnership or association referred to in clause (d)) that receives 50% or

more of its gross annual income from the Government of Alberta through the

Department of Health and Wellness, from the regional health authority or

from a combination of both;

(

f) alone or with the person's spouse, beneficially

owns

(i) 50% or more of the voting shares of a

corporation referred to in clause (f), or

(ii) at least a 50% interest in a

partnership or other association referred to in clause (f);

(

g) receives 50% or more of his or her gross annual

income through contracts with the regional health authority;

(

h) is a spouse of a person referred to in any of

clauses (

a) to (

e) or (g);

(

i) holds office as or is nominated for office as a

member of the Legislative Assembly of Alberta, the House of Commons or the

Senate of Canada;

(

j) is a judge of a court.

(4) A person is not eligible to be nominated as a candidate in an

election under this Regulation if on nomination day that person has been

convicted of

(

a) an offence under

section 123, 124 or 125 of the

Criminal Code (Canada), or

(

b) an offence that is punishable by imprisonment for 5

or more years,

and no absolute discharge or pardon has been granted in respect of

the offence.

(5) An employee referred to in subsection (3)(

a) or (

b) who wishes

to be nominated as a candidate in an election under this Regulation may

apply to the Regional Health Authority or the Minister, as the case may be,

for a leave of absence without pay on or after July 1 in the year of the

election but before the person's last working day prior to nomination day.

(6) The Regional Health Authority or the Minister, as the case may

be, shall grant every application received under subsection (5).

(7) An employee who has been granted a leave of absence is subject

to the same conditions that apply to taking a leave of absence without pay

for any other purpose.

(8) If an employee who has been granted a leave of absence is not

elected, the employee may return to work, in the position the employee had

before the leave commenced, on the 5th day after election day or, if the

5th day is not a working day, on the first working day after the 5th day.

(9) If an employee who has been granted a leave of absence is

declared elected, the employee is deemed to have resigned the position as

employee on the day the employee takes the official oath of office as an

elected official.

(10) If an employee who has been granted a leave of absence is

declared elected but, after a recount, is declared not to be elected, the

employee may return to work on the first working day after the declaration

is made, and subsections (7) and (8) apply.

(11) Subject to subsection (12), an employee who has been granted a

leave of absence and is declared elected continues to be deemed to have

resigned his position as an employee if the employee subsequently forfeits

his office or if the employee's election is adjudged invalid.

(12) If, through no act or omission of the employee, an employee

forfeits his office or his election is adjudged invalid, the employee may

return to work on the first working day after the office is forfeited or

the election is adjudged invalid, and subsections (7) and (8) apply.

(13) A person who wishes to be nominated for election under this

Regulation but is disqualified under any of subsection (3)(

c) to (

j) may

nevertheless be nominated for election but, if elected, that person must

remove the disqualifying status within 30 days.

(14) A person who fails to comply with subsection (13) ceases to be

a member of the regional health authority.

(13) Section 27 does not apply and the following applies instead:

Nominations

27(1) Every nomination of a candidate must be in the prescribed form

and be signed by at least 25 electors who are eligible to vote in the

election and are resident in the electoral district for which the candidate

is nominated on the date of signing the nomination.

(2) The nomination must be accompanied by

(

a) a written acceptance in the prescribed form signed

by the person nominated stating that the person is eligible to be elected

to the office and will accept the office if elected, and

(

b) a deposit in the amount of $200.

(3) A nomination paper is not valid unless it is accompanied with

the deposit.

(14) Section 29 does not apply.

(15) Section 30(1) does not apply and the following applies instead:

Disposition of deposit

30 The returning officer shall require the deposit under

section 27

to be provided in cash, by certified cheque or by money order.

(16) Section 31 does not apply and the following applies instead:

Insufficient nominations

31(1) If the number of persons nominated for election in an

electoral district is less than the number required to be elected, the

secretary shall immediately notify the Minister of Health and Wellness, and

the Minister may

(

a) call a by-election to fill the vacancy,

(

b) fill the vacancy by appointment, or

(

c) give any other directions that the Minister

considers necessary.

(2) A by-election called under subsection (1)(

a) must be conducted

in the same manner as a by-election to fill a vacancy on council is

conducted under the Municipal Government Act.

(3) A person who is appointed under subsection (1)(

b) must be a

person who would be eligible to be nominated as a candidate for election in

the particular electoral district.

(4) The term of a person appointed or elected under this

section

expires immediately before the beginning of the organizational meeting of

the regional health authority after the next general election, unless the

person is otherwise disqualified from remaining in office.

(17) Section 42(1) shall be interpreted as if the following were added

after clause (c):

(c.1) the offices of members of a regional health authority;

(18) Section 42(2) shall be interpreted as if the following were added

after clause (c):

(c.1) the offices of members of a regional health authority;

(19) Section 43(3) does not apply.

(20) Section 59 shall be interpreted as if the following were added after

clause (d):

(d.1) regional health authority member;

(21) Section 118 does not apply and the following applies instead:

Campaign contributions and expenses

118(1) The Minister of Health and Wellness may by order directed to

a candidate for election as a member of a regional health authority require

the candidate to submit to the Minister audited statements in a form

satisfactory to the Minister that disclose the campaign contributions

received by the candidate and the candidate's campaign expenses in respect

of the election.

(2) The Minister may, in an order under subsection (1) define

"campaign contributions" and "campaign expenses" for the purposes of the

order.

(3) A candidate who receives an order under this

section shall

comply with it in accordance with its terms.

Appointed Members

Appointment of appointed members

8(1) The Minister shall appoint the appointed members of a regional health

authority before or after the date of the general election for the regional

health authority, but all appointments must be made not later than 30 days

after the date of the general election.

(2) The term of office of the members appointed under subsection (1) is

the same as the term of office for the elected members.

Eligibility

9(1) Subject to subsection (2), a person is not eligible to be appointed

as an appointed member unless on the date of the appointment the person

meets the requirements of

section 21(2) to (4) as enacted by

section 7(12)

of this Regulation.

(2) A person who does not meet the requirements set out in subsection

(1) may be appointed but must remove the disqualifying status within 30 days

after the date of the appointment.

(3) A person who fails to comply with subsection (2) ceases to be a member

of the regional health authority.

Unsuccessful candidates

10 An unsuccessful candidate for election as a member of a regional

health authority is not eligible to be appointed as a member under

section

8 or 14 in respect of that regional health authority until the next ensuing

general election for the regional health authority.

Selection of potential appointees

11 The Minister may provide for a nomination procedure or any other

method for selecting persons from among whom appointments may be made under

section 8.

Other Rules

Loss of office

12 A member who acquires the status of a person referred to in

section

21(3) or (4) as enacted by

section 7(12) of this Regulation ceases to be a

member.

No double eligibility

13 A person may not, with respect to a particular election under this

Regulation, be nominated as a candidate in the election and also be

considered for appointment under

section 8.

Vacancies

14(1) Where a vacancy occurs in the membership of a regional health

authority between general elections, the Minister may appoint a person to

fill the vacant position for the unexpired portion of the term.

(2) A person is not eligible to be appointed under subsection (1) unless

on the date of the appointment the person meets the requirements of

section

21(2) to (4) as enacted by

section 7(12) of this Regulation.

Offence

15 A person who contravenes

section 118(3) as enacted by

section 7(21) of

this Regulation is guilty of an offence and liable to a fine of not more

than $1000.

Transitional and Expiry

Existing members

16 The terms of office of members of regional health authorities who were

appointed under

section 4 of the Act and the Interim Regional Health

Authority Appointment Regulation (AR 81/96) expire immediately before the

beginning of the first organizational meeting of elected and appointed

members that is held after the 2001 general election.

Expiry

17 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on October 31, 2005.

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

Alberta Regulation 58/2001

Regional Health Authorities Act

PROPERTY AND ASSETS (TRANSITIONAL) AMENDMENT REGULATION

Filed: April 11, 2001

Made by the Lieutenant Governor in Council (O.C. 138/2001) on April 11,

2001 pursuant to

section 21 of the Regional Health Authorities Act.

1 The Property and Assets (Transitional) Regulation (AR 14/95) is amended

by this Regulation.

2 The following is added after

section 9:

RHA boundary adjustments

10 Notwithstanding

section 1, where as a result of a change in the

boundaries of 2 health regions in an order of the Minister under

section 2

of the Act assets or property of one regional health authority become the

assets or property of another regional health authority, this Regulation

applies, with all necessary modifications, in respect of the assets and

property in the same way as it would apply if the 2 regional health

authorities were an existing health authority and regional health authority

respectively.

Alberta Regulation 59/2001

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITIES AMENDMENT REGULATION

Filed: April 11, 2001

Made by the Lieutenant Governor in Council (O.C. 139/2001) on April 11,

2001 pursuant to

section 21 of the Regional Health Authorities Act.

1 The Regional Health Authorities Regulation (AR 15/95) is amended by

this Regulation.

2 The following is added after

section 2.91:

First organizational meeting

2.92 A regional health authority shall hold its first

organizational meeting not later than 15 days after the last appointed

member is appointed following a general election under the Election and

Appointment of Regional Health Authority Members Regulation.

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

Exemption re Land Titles Fees

6(1) A regional health authority is exempt from any requirement

under the Land Titles Act to pay a fee where the transaction, document or

other thing to which the fee relates arises during or as a direct result of

(

a) the winding-up of the affairs of an existing health

authority and the assumption of the affairs of the existing health

authority by the regional health authority, or

(

b) an order of the Minister under

section 2 of the Act

that provides that assets or property of a named regional health authority

become the assets or property of another named regional health authority.

Alberta Regulation 60/2001

Regional Health Authorities Act

REGIONAL HEALTH AUTHORITIES ELECTION FORMS REGULATION

Filed: April 11, 2001

Made by the Lieutenant Governor in Council (O.C. 140/2001) on April 11,

2001 pursuant to

section 21 of the Regional Health Authorities Act.

Forms

1 Where an election under the Regional Health Authorities Act is to be

held in conjunction with general elections under the Local Authorities

Election Act,

(

a) Forms 1, 2, 4, 5, 7, and 9 to 16 of the Local Authorities

Election Forms Regulation (AR 234/2000\) under the Local Authorities

Election Act may be used for the purposes of the election, without making

any specific references to the Regional Health Authorities Act;

(

b) Forms 3 RHA, 6 RHA and 8 Supplementary as set out in the

Schedule to this Regulation must be used for the purposes of the election

instead of Forms 3, 6 and 8 of the Local Authorities Election Forms

Regulation (AR 234/2000) under the Local Authorities Election Act.

Expiry

2 For the purpose of ensuring that this Regulation is reviewed for

ongoing relevancy and necessity, with the option that it may be repassed in

its present or an amended form following a review, this Regulation expires

on October 31, 2005.

SCHEDULE

Form 3 RHA NOMINATION PAPER AND

CANDIDATE'S ACCEPTANCE

Local Authorities Election Act

(Sections 11, 47, 151)

Election and Appointment of Regional

Health Authority Members Regulation

LOCAL JURISDICTION: , PROVINCE OF ALBERTA

We, the undersigned electors of (Name of Local Jurisdiction) ,

nominate (Candidate's Surname) (Given Names) of (Street Address or

Legal Land Description of the Candidate's Residence) as a candidate at

the election about to be held for the office of member of (Name

of regional health authority) .

Signatures of at least 25 ELECTORS ELIGIBLE TO VOTE in this election in

accordance with

section 47 of the Local Authorities Election Act and the

Election and Appointment of Regional Health Authority Members Regulation.

Printed Name of Elector

Street Address or Legal Land Description of Residence of Elector

Signature of Elector

CANDIDATE'S ACCEPTANCE

I, the above named candidate, solemnly swear (affirm):

 THAT

I am eligible under

section 47 (and

section 11, in the

case of summer villages) of the Local Authorities Election Act and the

Election and Appointment of Regional Health Authority Members Regulation to

be elected to the office;

I am disqualified under the Election and Appointment of

Regional Health Authority Members Regulation but, if elected I will remove

the disqualifying status as required by that Regulation;

 THAT I am not otherwise disqualified under the Election and

Appointment of Regional Health Authority Members Regulation;

 THAT I will accept the office if elected;

 THAT I have read sections 11, 47 and 151 of the Local

Authorities Election Act and the Election and Appointment of Regional

Health Authority Members Regulation and understand their contents;

 THAT I have enclosed the deposit of $200 as required under the

Election and Appointment of Regional Health Authority Members Regulation.

Print name as it should appear on the ballot.

(Candidate's Surname) (Given Names) (may include nicknames,

but not titles, i.e., Mr., Mrs., Dr.)

SWORN (AFFIRMED) before me at the )

of )

in the Province of Alberta )

this day of , 20 . ) (Candidate's

Signature)

(Signature of Returning Officer or

Commissioner for Oaths)

IT IS AN OFFENCE TO SIGN A FALSE AFFIDAVIT

OR A FORM THAT CONTAINS A FALSE STATEMENT

NOTE:

The personal information that is being collected under the authority of the

Local Authorities Election Act and the Regional Health Authorities Act will

be used for the purposes under those Acts. The information is protected by

the privacy provisions of the Freedom of Information and Protection of

Privacy Act.

If you have any questions about the collection, contact

(title and business phone number of the responsible official)

Form 6 RHA BALLOT

Local Authorities Election Act

(Sections 42, 43, 44)

Election and Appointment of Regional

Health Authority Members Regulation

BALLOT FORM FOR MEMBER OF A REGIONAL HEALTH AUTHORITY

(List Names of Candidates Below)

The maximum number of candidates that can be voted for is

BALLOT FOR A VOTE ON A BYLAW OR QUESTION

The wording on a ballot for a vote on a bylaw or question must be

determined by a resolution of the regional health authority. The form of

the ballot may be determined by a resolution of the regional health

authority; however, if no resolution is passed, the returning officer must

determine the form.

ARRANGING THE NAMES ON THE BALLOTS

The names of the candidates on each ballot must be arranged

alphabetically in order of the surnames and, if 2 or more candidates have

the same surname, the names of those candidates must be arranged

alphabetically in order of their given names.

INDICATING THE NUMBER OF CANDIDATES THAT CAN BE VOTED FOR

Every ballot used in an election for a member of a regional health

authority must contain a brief explanatory note stating the maximum number

of candidates that can be voted for in order not to make the ballot void.

Form 8 Supplementary VOTING REGISTER

Local Authorities Election Act

(Sections 52, 53, 59, 78)

School Act (Section 27(4))

Election and Appointment of Regional

Health Authority Members Regulation

Local Jurisdiction: ,

Election Date:

Voting Subdivision, Ward (if applicable)

or Electoral District:

Voting station:

Statement of Elector Eligibility

I, (Name of Elector) , of (Address of Elector)

am eligible to vote in the above mentioned election because:

 I have not voted before in this election;

 I am 18 years of age or older;

 I am a Canadian citizen;

 I have resided in Alberta for the 6 consecutive months immediately

preceding Election Day;

 I am a resident of this voting Subdivision, Ward or Electoral

District on Election Day;

 I am eligible to vote for:

Where applicable (Check[ ] One)

A Public School Trustee

A Separate School Trustee

(Signature of Elector)

It Is An Offence To Sign A False Statement.

Deputy Returning Officer

Voter Number:

Ballots Issued to Elector (Check [ ] )

Chief Elected Officer Bylaw or Question

Councillors Separate School Trustee

Public School Trustee Regional Health Authority Member

Objection to person voting

Name of candidate/agent making objection:

Deputy's Initials

Reason for objection:

Incapacitated Elector

Ballot of Incapacitated Elector was marked by another person(Check [ ])

Reason:

Other

The personal information that is being collected under the authority of the

Local Authorities Election Act and the Regional Health Authorities Act will

be used for the purposes under those Acts. The information is protected by

the privacy provisions of the Freedom of Information and Protection of

Privacy Act.

If you have any questions about the collection, contact

(title and business phone number of the responsible official)

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

Alberta Regulation 61/2001

Financial Administration Act

INDEMNITY AUTHORIZATION AMENDMENT REGULATION

Filed: April 11, 2001

Made by the Lieutenant Governor in Council (O.C. 141/2001) on April 11,

2001 pursuant to

section 74 of the Financial Administration Act.

1 The Indemnity Authorization Regulation (AR 22/97) is amended by this

Regulation.

2 The following is added after

section 5:

Orphan fund indemnity

6 The Minister of Finance is authorized to indemnify each director

and officer of the Alberta Oil and Gas Orphan Abandonment and Reclamation

Association referred to in the Orphan Fund Delegated Administration

Regulation and their heirs and representatives against all costs, charges

and expenses, including amounts paid to settle actions or satisfy

judgments, reasonably incurred by the director or officer in respect of

civil, criminal or administrative actions or proceedings, to which the

director or officer is made a party by reason of holding or having held

that position, if the director or officer

(

a) acted honestly and in good faith with a view to the

best interests of the Association,

(

b) complied with the Schedule, and

(

c) in the case of a criminal or administrative action

or proceeding enforceable by a monetary penalty, had reasonable grounds for

believing that the director's or officer's conduct was lawful.