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THE ALBERTA GAZETTE, PART II, AUGUST 15, 2005

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Alberta Regulation 143/2005

Government Organization Act

DESIGNATION AND TRANSFER OF RESPONSIBILITY AMENDMENT REGULATION

Filed: July 26, 2005

For information only: Made by the Lieutenant Governor in Council (O.C. 366/2005) on July 26, 2005 pursuant to sections 16, 17 and 18 of the Government Organization Act.

1 The Designation and Transfer of Responsibility Regulation (AR 44/2001) is amended by this Regulation.

2 Section 5 is amended by adding the following after subsection (2):

(2.1) The Minister of Community Development is designated as the Minister responsible for the Alberta Centennial Medal Act.

3 Section 6.1 is amended by adding the following after subsection (6):

(7) The responsibility for the School Facilities Operations Program is transferred to the responsibility of the Minister of Education.

(8) The responsibility for the administration of the unexpended balance of element 2.4.1 of Program 2 of the expense and equipment/inventory purchases vote of the 2005-06 Government appropriation for Infrastructure and Transportation is transferred to the Minister of Education.

4 Section 8 is amended by adding the following after subsection (1.1):

(1.2) The Minister of Environment is designated as the Minister responsible for the Stettler Regional Water Authorization Act.

5 Section 9.1(1) is amended

(a) by repealing clause (s);

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

(ee) Tourism Levy Act.


AR 143/2005 GOVERNMENT ORGANIZATION

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6 Section 19(1) is amended by repealing clause (e) and adding the following after clause (a):

(a.1) City of Lloydminster Act;

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Public Sector Pension Plans Act

PUBLIC SECTOR PENSION PLANS (MEPP - SALARY DEFINITION, 2005) AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 370/2005) on July 26, 2005 pursuant to Schedule 5, section 4 of the Public Sector Pension Plans Act.

1 The Management Employees Pension Plan (AR 367/93) is amended by this Regulation.

2 Section 2(1)(ll)(i) is amended

(a) in paragraph (A) by striking out “, and”;

(b) by repealing paragraph (B).

3 This Regulation comes into force on August 1, 2005.

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Mines and Minerals Act

METALLIC AND INDUSTRIAL MINERALS TENURE REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 372/2005) on July 26, 2005 pursuant to section 5 of the Mines and Minerals Act.

Table of Contents

1 Definitions 2 Agreement exemption, rental exemption


AR 145/2005 MINES AND MINERALS

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3 Prospecting

Part 1 Permits

4 Application for permits 5 Rights conveyed by permit 6 Term of permit 7 Area and boundaries of location 8 Assessment work requirements 9 Mineral assessment appointee 10 Intent to file or mineral assessment report 11 Statement of intent to file 12 Submission of mineral assessment report 13 Grouping of permits 14 Timing of applying for a permit group 15 Amendment of permit group 16 Group permit expiry 17 Mineral assessment report specifications 18 Unacceptable mineral assessment expenditures 19 Mineral assessment report deficiencies 20 Selection of permits and allocation of expenditures 21 Retention of permits 22 Application of excess spending requirements 23 Expenditures of less than minimum requirements 24 Area reduction 25 Payment in lieu of expenditure 26 Extension of work period 27 Confidentiality of assessment work report

Part 2 Licences

Recreational Placer Mining

28 Definitions 29 Restriction on placer mining 30 Application for licence 31 Rights conveyed by licence 32 Terms of licence 33 Prohibitions re placer mining 34 Prohibited location 35 Operations re Class C and Class D water bodies 36 Operations re Class A and Class B water bodies

Part 3 Leases

37 Issue of leases 38 Application for lease



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39 Rights conveyed by lease 40 Area and boundaries of location 41 Term of lease 42 Notice respecting production or development

Part 4 Secondary Mineral Leases

Commercial Mining as a Secondary Activity

43 Interpretation 44 Application for secondary mineral lease 45 Rights conveyed by secondary mineral lease 46 Location 47 Term

Part 5 General

48 Cores, cuttings requirements 49 Property of the Crown 50 Order in Council for mining

Part 6 Repeal and Expiry

51 Repeal 52 Expiry

Schedule

Definitions

1 In this Regulation,

(a) “assessment work” means a geological, geochemical, geophysical or geotechnical study, investigation, reconnaissance or survey undertaken to establish the geology of a given area or to ascertain the nature, quality or extent of a metallic and industrial mineral in the area, and includes any work leading to the development of a metallic and industrial mineral;

(b) “assessment work period” means

(i) a 2-year period of the term of a permit, or

(ii) any portion of a 2-year period that remains at the end of an extended work period;



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(c) “designated representative” means a person designated as described in section 29 of the Act;

(d) “extended work period” means an assessment work period that is extended by the Minister pursuant to section 26;

(e) “former lease” means

(i) a metallic mineral lease issued under Part 7 of the Mines and Minerals Act, RSA 1980 cM-15, and the Metallic Minerals Regulation (AR 246/84), and

(ii) a lease issued under the Metallic and Industrial Minerals Regulation (AR 66/93);

(f) “former permit” means a metallic mineral exploration permit issued under the Metallic and Industrial Minerals Regulation (AR 66/93);

(g) “lease” means a metallic and industrial minerals lease issued under this Regulation or under the Act;

(h) “lessee”, “permittee” and “holder of a secondary mineral lease” include the designated representative for a lease, licence or permit unless, from the express wording of a provision, it is apparent that those terms are restricted to the holder of a lease, permit or secondary mineral lease;

(i) “licence” means a metallic and industrial minerals licence issued under this Regulation or under the Act;

(j) “metallic and industrial minerals” means minerals within the meaning of section 1(1)(p)(i) of the Act that are vested in or belong to the Crown in right of Alberta but does not include petroleum, asphalt, bituminous sands, oil sands, natural gas, coal or ammonite shell;

(k) “mineral assessment appointee” means a person determined to be a mineral assessment appointee in accordance with section 9;

(l) “mineral assessment report” means administrative and technical documents, writings, materials and data described in the Schedule that comply with the requirements of section 17 and the Schedule and are submitted in accordance with section 10(a);

(m) “permit” means a metallic and industrial minerals permit issued under this Regulation, the Metallic and Industrial Minerals Regulation (AR 66/93), or the Act;



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(n) “permit group” means a grouping of permits that is approved by the Minister pursuant to section 13;

(o) “placer deposit” means a surficial deposit contained in sand, gravel or similar material, formed by a natural mechanical concentration of mineral particles, and composed of heavy minerals including, but not limited to, gold, silver, platinum group metals or precious stones;

(p) “placer mineral” means a metallic and industrial mineral that is being or may be obtained by placer mining;

(q) “placer mining” means a method or technique of surface operation other than gold panning whereby a placer deposit is worked for the purpose of obtaining or producing a placer mineral and the activities associated with such a surface operation including, but not limited to, the pumping of water, the discharge of water and the excavation of material;

(r) “prospect” means to search for a metallic and industrial mineral using hand-held implements or instruments in a manner that does not, in the opinion of the Minister, cause significant surface disturbance;

(s) “secondary mineral lease” means a lease issued under Part 4;

(t) “sluicebox” means an inclined trough containing obstructions in the bottom that is used in placer mining to concentrate metallic and industrial minerals;

(u) “statement of intent to file” means a statement described in sections 10 and 11;

(v) “work period” means an assessment work period or an extended work period.

Agreement exemption, rental exemption

2(1) This Regulation does not apply to any agreement made or entered into by the Minister under

(a) section 9(a) of the Act,

(b) section 13(2)(a) of the Mines and Minerals Act, RSA 1980 cM-15, as it read before the coming into force of the Mines and Minerals Amendment Act, 1983, or

(c) section 14(b) of The Mines and Minerals Act, RSA 1970, c238.



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(2) Despite section 20(3) of the Mines and Minerals Administration Regulation (AR 262/97), no rental is payable in respect of a licence, a permit or a secondary mineral lease.

Prospecting

3(1) Subject to subsection (2), a person may prospect for a metallic and industrial mineral without being the holder of a permit, licence, secondary mineral lease or lease.

(2) No person shall prospect on land on or near an active well, mine, pit or quarry, including, but not limited to,

(a) within that part of the location of an agreement issued under the Mines and Minerals Act to which the holder of the agreement has been granted surface access to the mineral rights granted by the agreement under a disposition granted under the Public Lands Act or by an owner of private land or the owner’s agent,

(b) within the surface mineable area of the location of a scheme or operation approved by the Energy and Utilities Board under the Oil Sands Conservation Act,

(c) at a site or location for which a licence to mine coal has been issued by the Energy and Utilities Board under the Coal Conservation Act, or

(d) on public land within the location of a surface material lease or licence issued under the Dispositions and Fees Regulation (AR 54/2000) on which operations or work is being conducted under a detailed operating plan approved under that Regulation,

unless that person is the holder of the agreement, licence, approval or lease or a person authorized by the holder.

Part 1 Permits

Application for permits 4(1) A person may apply to the Minister for a permit.

(2) The Minister may grant a permit to an applicant if the Minister receives from the applicant

(a) an application in a form that is satisfactory to the Minister, and



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(b) the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97).

Rights conveyed by permit

5(1) Subject to subsection (2), a permit grants in accordance with the terms and conditions of the permit

(a) the non-exclusive right to explore for metallic and industrial minerals on the surface of the location,

(b) the exclusive right to explore for metallic and industrial minerals in the subsurface strata within and under the location, and

(c) the right to remove samples of metallic and industrial minerals from the location for the purposes of assaying and testing and of metallurgical, mineralogical and other scientific studies.

(2) The Minister may

(a) restrict the kind of metallic and industrial minerals in respect of which the right to explore is granted under a permit, and

(b) limit the operations or activities that may be conducted under a permit to those operations or activities specified by the Minister in the permit.

Term of permit

6(1) The term of a permit is 14 years from the term commencement date shown in the permit.

(2) The term of a permit is divided into successive 2-year periods with the first period starting at the commencement of the permit.

Area and boundaries of location

7(1) The area of the location of a permit must be not less than 16 hectares nor more than 9216 hectares.

(2) The boundaries of the location of a permit must be acceptable to the Minister.

(3) Subject to subsection (1), the Minister may reduce the area of a permit at any time during the term of the permit, if the permittee makes an application to the Minister indicating the area that is to be retained in the permit.



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Assessment work requirements

8(1) Subject to sections 25 and 26, a permittee must, with respect to the location of the permit, meet the following minimum spending requirements on assessment work on or attributed by this Regulation to the location during the following assessment work periods:

(a) during the first assessment work period, not less in the aggregate than an amount equal to $5 for each hectare in the location;

(b) during the 2nd assessment work period, not less in the aggregate than an amount equal to $10 for each hectare in the location;

(c) during the 3rd assessment work period, not less in the aggregate than an amount equal to $10 for each hectare in the location;

(d) during the 4th assessment work period, not less in the aggregate than an amount equal to $15 for each hectare in the location;

(e) during the 5th assessment work period, not less in the aggregate than an amount equal to $15 for each hectare in the location;

(f) during the 6th assessment work period, not less in the aggregate than an amount equal to $15 for each hectare in the location;

(g) during the 7th assessment work period, not less in the aggregate than an amount equal to $15 for each hectare in the location.

(2) A permittee may claim as expenditures during any work period of a permit amounts that, in the opinion of the Minister, were spent in relation to assessment work on the location of the permit

(a) during a previous assessment work period of that permit, or

(b) during the one-year period prior to the term commencement date of that permit,

if those amounts have not been claimed as expenditures in respect of any other work period of that permit or of any other permit.

(3) The minimum spending requirement with respect to the locations of permits in a permit group is the sum of the minimum spending requirements calculated under subsection (1) or determined under



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section 26(3) for the work periods of the permits approved by the Minister under section 17(b)(ii).

Mineral assessment appointee

9(1) A mineral assessment appointee is determined as follows:

(a) the permittee is the mineral assessment appointee for that permit, unless otherwise specified by the permittee;

(b) the permittee may, by notifying the Minister, designate another person as the mineral assessment appointee in respect of the permit;

(c) the permittees for the permits included in a permit group may, by notifying the Minister, designate one person to serve as the mineral assessment appointee for the permit group.

(2) A mineral assessment appointee must, in respect of the permit or permit group for which it is the mineral assessment appointee pursuant to subsection (1),

(a) fulfil all requirements related to a mineral assessment report and statement of intent to file in sections 10, 12, 17, 19(1), 20(1) and 26, and

(b) submit to the Minister all applications required by sections 13, 15, 22, 23 and 25.

(3) The authority of a mineral assessment appointee designated under subsection (1)(b) or (c) expires on the earlier of

(a) the Minister receiving notification from the permittee or permittees that the authority is terminated, or

(b) the Minister issuing final approval or final rejection of the mineral assessment report.

Intent to file or mineral assessment report

10 The mineral assessment appointee must either

(a) submit to the Minister a mineral assessment report that conforms with the requirements of sections 17, 19(1) and 20(1), within the period specified in section 12(2)(b), or

(b) submit to the Minister a statement of intent to file a mineral assessment report in compliance with section 11.



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Statement of intent to file

11(1) A statement of intent to file may be submitted

(a) during the 30 days before the end of the assessment work period in respect of which it is submitted, or

(b) at any other time approved by the Minister in relation to a permit or any of the permits in a permit group.

(2) A statement of intent to file may be submitted in respect of a permit or in respect of a permit group.

(3) A statement of intent to file must

(a) contain a statement that a mineral assessment report will be filed within the period required by section 12(2)(a),

(b) designate the group or project in respect of which the mineral assessment report will be filed,

(c) contain for each permit in respect of which it is filed

(i) the number of the permit,

(ii) the name of the designated representative for the permit,

(iii) a legible map showing the location, boundaries and number of the permit, and

(iv) an estimate of expenditures in respect of the permit during the assessment work period for which the mineral assessment report will be filed,

and

(d) be signed by the mineral assessment appointee.

(4) A statement of intent to file may also be accompanied by

(a) surrender of a permit or a request to surrender a part of the location of a permit,

(b) an application requesting payment in lieu pursuant to section 25(1), and

(c) the designation of a mineral assessment appointee pursuant to section 9(1)(b) or (c) for the purpose of submitting a mineral assessment report in respect of a permit or a permit group.



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Submission of mineral assessment report

12(1) For the purpose of subsection (2) and sections 17, 26, 27(1) and 49, the last day of the assessment work period of the permit group is deemed to be the last day of the assessment work period for the permit with the earliest assessment work period end date in that permit group.

(2) Subject to section 26(5), the following rules apply with respect to the submission periods for mineral assessment reports:

(a) a mineral assessment appointee who complies with section 10(b) must submit to the Minister a mineral assessment report not later than 60 days after the last day of the assessment work period of the permit or of the permit group, in respect of which the statement of intent to file was submitted;

(b) if a mineral assessment appointee proceeds under section 10(a) or fails to comply with section 10(b), the mineral assessment appointee must submit to the Minister a mineral assessment report on or before the last day of the assessment work period of the permit or of the permit group, in respect of which the mineral assessment report is submitted.

(3) A mineral assessment report may be submitted in respect of a permit or in respect of a permit group.

Grouping of permits

13(1) The mineral assessment appointee for a permit may make an application requesting the grouping of the permit with one or more other permits

(a) for the purpose of submitting one mineral assessment report to the Minister in respect of all of the permits in the permit group, and

(b) for the purpose of attributing and allocating costs and expenditures on mineral exploration work performed on the location of any of the permits in the permit group to any other permit in the permit group.

(2) A permit may not be included in more than one group at a time.

(3) The location of permits within a permit group must be contiguous.

(4) The Minister may approve an application for grouping of permits

(a) if, in the opinion of the Minister, the work periods of the permits in the permit group are eligible for inclusion in the mineral assessment report, and



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(b) subject to subsections (2) and (3) and to any terms and conditions that the Minister may prescribe.

Timing of applying for a permit group

14 An application under section 13(1) may be made

(a) as part of the statement of intent to file, pursuant to section 10(b), or

(b) on, or at any time acceptable to the Minister before, the submission of a mineral assessment report.

Amendment of permit group

15(1) The mineral assessment appointee for a permit group may make an application to amend the permit group on, or at any time acceptable to the Minister before, the submission of a mineral assessment report.

(2) The Minister may amend a permit group in response to an application made under subsection (1).

Group permit expiry

16 A permit group expires on the submission of a mineral assessment report for the group under section 12.

Mineral assessment report specifications

17 A mineral assessment report is acceptable to the Minister if

(a) it relates

(i) to the location of a permit, or

(ii) collectively to the location of permits in a permit group,

(b) it relates

(i) to the work period of a permit, or

(ii) to the work periods of the permits in a permit group that should, in the opinion of the Minister, be reported on in that mineral assessment report,

(c) it complies with the requirements for and contents of a mineral assessment report set forth in the Schedule,

(d) it complies with the timelines for submitting a mineral assessment report under section 12(2) or 26(5),



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(e) geological, geochemical and geophysical surveys have been carried out under the supervision of a professional engineer, geologist or geophysicist, or by a prospector having qualifications acceptable to the Minister, and

(f) all other matters respecting or contained in the mineral assessment report are satisfactory to the Minister.

Unacceptable mineral assessment expenditures

18 The Minister may refuse to accept any expenditures on exploration or development work claimed in a mineral assessment report for the purpose of the minimum spending requirements of section 8 or 26(3) if

(a) the work duplicates work previously submitted for credit against the expenditure requirements for the same agreement or another agreement,

(b) the work duplicates results that have been previously published,

(c) the mineral assessment report does not meet any of the requirements set forth in section 17,

(d) the permittee fails to comply with any directions or instructions given by the Minister under section 48, or

(e) for any other reason that the Minister considers that any of those expenditures should not be accepted.

Mineral assessment report deficiencies

19(1) If, in the Minister’s opinion, there are deficiencies in a mineral assessment report submitted under this Regulation, including, but not limited to,

(a) non-compliance with the requirements of section 17,

(b) failure to show adequate work for the work period of the permit or work periods of the permits to which the mineral assessment report relates, and

(c) failure to show work that is adequate to support the statement of expenditures that is contained in the mineral assessment report,

the Minister may require the mineral assessment appointee, within the time that the Minister considers appropriate in the circumstances,



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(d) to furnish to the Minister a correction to or remedy of the deficiencies or non-compliances in the mineral assessment report, or

(e) to submit to the Minister another mineral assessment report that corrects or remedies the deficiencies or non-compliances contained in the original mineral assessment report.

(2) Sections 8(1) and (3) and 26(4) are considered not to have been complied with until the mineral assessment appointee complies with the Minister’s requirements under subsection (1).

Selection of permits and allocation of expenditures

20(1) A mineral assessment report submitted by a mineral assessment appointee under this Regulation

(a) must indicate the permits and the parts of the locations of the permits that have been selected to be retained, and

(b) may allocate and attribute expenditures on assessment work on the location of any permit in a permit group to the location of any other permit in the permit group.

(2) Expenditures on assessment work on the location of any permit in a permit group may, for the purposes of sections 8 and 26, be applied only once against the minimum expenditures of the permits in the permit group.

Retention of permits

21 A permittee may retain the permit if the total expenditures on assessment work on or attributed to the location of the permit that are approved by the Minister for the previous work period equal or exceed the minimum spending requirements calculated under section 8(1) or determined under section 26(3) for that previous work period.

Application of excess spending requirements

22(1) This section applies if the total expenditures on assessment work for a work period of a permit or the work periods of permits in a permit group accepted by the Minister under this Part exceed the minimum spending requirement calculated under section 8(1) or determined under section 26(3) respectively for the work period of the permit or for the work periods of the permits in the permit group.

(2) The Minister may, on application of the mineral assessment appointee, approve the application of expenditures in excess of the minimum spending requirements against the minimum spending



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requirements of any subsequent work period of the permit or of any permit within the permit group.

(3) If the mineral assessment appointee does not make an application under subsection (2) within a period of time specified by the Minister in an instruction to the mineral assessment appointee to make that application, the Minister may determine the application of expenditures in excess of the minimum spending requirements against the minimum spending requirements of any subsequent work period of the permit or of any permit within the permit group.

Expenditures of less than minimum requirements

23(1) This section applies if the total expenditures on assessment work for a work period of a permit or the work periods of permits in a permit group accepted by the Minister under this Part including expenditures approved under section 22(2) for application to that work period or those work periods are less than the minimum spending requirements calculated under section 8(1) or (3) or determined under section 26(3) respectively for the work period of the permit or the work periods of the permits in the permit group.

(2) The mineral assessment appointee may, on application to the Minister, retain that part of the area of the location of the permit or of the area of the locations of the permits in the permit group that is in the same proportion to the whole of that area as the expenditures on assessment work accepted by the Minister as described in subsection (1) for the work period or work periods are respectively to the minimum spending requirement or the minimum spending requirements for the work period or work periods to which they relate.

(3) If the mineral assessment appointee does not make an application under subsection (2) within a period of time specified by the Minister in an instruction to the mineral assessment appointee to make the application, the Minister may determine in accordance with subsection (2) the part of the permit or permits that may be retained.

(4) If the total expenditures for a work period of a permit as described in subsection (1) are less than the minimum spending requirement for that work period as described in subsection (1), the mineral assessment appointee may, with the approval of the Minister and on or before a date specified by the Minister, pay the difference determined by the Minister.

(5) Payment of an amount in accordance with subsection (4) in respect of a work period, together with the total expenditures for the work period as described in subsection (1), is considered fulfilment of the assessment work requirements for the work period.



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Area reduction

24 Notwithstanding sections 20, 21 and 23, the Minister may reduce the area of the location of a permit or of any of the permits in a permit group if the mineral assessment appointee for the permit or the permits in the permit group fails to comply with section 10, 12, 19 or 26(5).

Payment in lieu of expenditure

25(1) On application to and with the approval of the Minister, the mineral assessment appointee for a permit may, once during the life of the permit, pay

(a) the minimum amount determined by the Minister for a work period pursuant to section 8(1) or 26(3), or

(b) an amount equal to the difference between that minimum amount and a lesser amount stated in the application and approved by the Minister,

in lieu of spending the amount during the period in accordance with section 8(1) or 26(4).

(2) An application under subsection (1) must be received by the Minister before the end of the work period to which it relates.

(3) If the Minister approves an application under this section, payment of an amount referred to in subsection (1)(a) or (b) is considered fulfilment of the assessment work requirements for the work period in respect of which the payment is made.

Extension of work period

26(1) Subject to subsection (2), the Minister may

(a) extend an assessment work period,

(b) determine the duration of the extended work period, and

(c) specify the remainder of the assessment work period that next follows the extended work period.

(2) The Minister shall not extend an assessment work period unless the Minister receives an application for extension from the mineral assessment appointee for a permit or a permit group on or before the last day of the assessment work period in respect of which the application for extension is being made.

(3) The Minister may determine the minimum expenditures on assessment work with respect to the location of a permit for an extended work period.



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(4) Subject to section 25, a permittee must, through expenditures on assessment work on or attributed under this Regulation to, the location of the permit, meet the Minister’s minimum spending requirement determined under subsection (3).

(5) The following rules apply to the submission of mineral assessment reports in respect of extended work periods:

(a) the Minister determines and specifies a date on or before which a mineral assessment report must be filed in respect of an extended work period;

(b) the mineral assessment appointee for a permit or a permit group must submit a mineral assessment report on or before the date determined and specified by the Minister under clause (a).

Confidentiality of assessment work report

27(1) The Minister must keep confidential all technical information and data contained in a mineral assessment report

(a) submitted in respect of a permit, for a period of one year after the last day of the assessment work period, or

(b) submitted in respect of permits in a permit group, for a period of one year after the last day of the assessment work period of the permit group,

in respect of which the mineral assessment report is submitted.

(2) The Minister must, at the end of the confidentiality period referred to in subsection (1)(a) or (b), make the technical information and data available to the public.

(3) The Minister, in making the technical information and data available under subsection (2), may recover only the costs, including overhead, associated with its copying or reproduction.

Part 2 Licences

Recreational Placer Mining

Definitions 28 In this Part,

(a) “Class A water body”, “Class B water body”, “Class C water body” and “Class D water body” mean a water body class



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established and defined under the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body adopted by the Water (Ministerial) Regulation (AR 205/98);

(b) “unclassified water body” means a water body for which no class has been specified under the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body adopted by the Water (Ministerial) Regulation (AR 205/98);

(c) “water body” means water body as defined in the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body adopted by the Water (Ministerial) Regulation (AR 205/98).

Restriction on placer mining

29 No person shall conduct placer mining unless the person holds a lease, a licence or a secondary mineral lease.

Application for licence

30(1) An individual may apply to the Minister for a licence.

(2) The Minister may grant a licence to an applicant if the Minister receives from the applicant

(a) an application in a form that is satisfactory to the Minister, and

(b) the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97).

Rights conveyed by licence

31 Subject to sections 33 to 36, a licence grants in accordance with the terms and conditions of the licence the right to win, work and recover metallic and industrial minerals in and through placer mining.

Terms of licence

32 The term of a licence is 5 years from the term commencement date shown in the licence.

Prohibitions re placer mining

33 No person shall, in the conduct of placer mining under a licence,



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(a) permit water to flow through the pump to the sluicebox or other equipment at a rate greater than 11 litres per second,

(b) use a mesh of greater than 2.54 millimetres on the screening of the water intake to the sluicebox or other equipment,

(c) use a suction dredge, front end loader or other mechanical method to move clay, marl, sand, gravel or topsoil into the sluicebox or other equipment,

(d) occupy a site or location for a period of more than 14 consecutive days,

(e) use mercury in or within 100 metres of a river, stream or watercourse or other body of water, or

(f) discharge water into a river, stream or watercourse if the suspended sediment content of the discharge water exceeds the suspended sediment content of the water in the river, stream or watercourse.

Prohibited location

34(1) No licensee shall conduct placer mining within the location of a lease without the consent of the lessee or of a person authorized by the lessee to give that consent.

(2) No licensee shall conduct placer mining where operations for the recovery or processing of a surface material are being conducted pursuant to a surface material licence or a surface material lease without the consent of the licensee or lessee or of a person authorized by the licensee or lessee to give that consent.

Operations re Class C and Class D water bodies

35(1) Subject to subsection (2) and to sections 33 and 34, a licensee may conduct placer mining at any time of the year within or adjacent to the active channel of the flowing water of a Class C water body, a Class D water body or an unclassified water body.

(2) No licensee shall excavate material within the active channel of the flowing water of a Class C water body, a Class D water body or an unclassified water body where the width of the active channel is less than 20 metres, unless the licensee has the written consent of the Minister of Sustainable Resource Development.



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Operations re Class A and Class B water bodies

36(1) Subject to subsections (2) and (3) and to sections 33 and 34, a licensee may conduct placer mining with respect to a Class A water body or a Class B water body from May 15 to September 15.

(2) No licensee shall excavate material within the active channel of the flowing water of a Class A water body or a Class B water body.

(3) No licensee shall conduct placer mining within or adjacent to the active channel of the flowing water of a Class A water body or a Class B water body where the width of the active channel of the flowing water is less than 20 metres, unless the licensee has the written consent of the Minister of Sustainable Resource Development.

Part 3 Leases

Issue of leases 37 The Minister may issue a lease

(a) to a person who applies for the lease, if the Minister considers the granting of the lease to be warranted in the circumstances,

(b) to a permittee who

(i) has complied with the requirements of Part 1,

(ii) has held the permit for at least the 2-year period referred to in section 8(1)(a), and

(iii) applies, at any time before the permit expires, for a lease in respect of all or part of the location described in the permit,

or

(c) in any other manner provided for pursuant to section 16 of the Act.

Application for lease

38 The Minister may grant a lease to an applicant if the Minister receives from the applicant

(a) an application in a form that is satisfactory to the Minister,

(b) the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97),



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(c) the rent for the first year of the term of the lease, and

(d) evidence, satisfactory to the Minister, of a metallic and industrial mineral deposit in the location of the lease for which application is being made.

Rights conveyed by lease

39(1) Subject to subsection (2) and section 50, a lease conveys the exclusive right to win, work and recover metallic and industrial minerals that are the property of the Crown

(a) within the location, or

(b) if the lease relates to one or more specified zones, in the specified zone or zones within the location,

in accordance with the terms and conditions of the lease.

(2) The Minister may

(a) restrict the kinds of metallic and industrial minerals in respect of which rights are granted under a lease, and

(b) limit the operations or activities that may be conducted under a lease to those operations or activities specified by the Minister in the lease.

Area and boundaries of location

40 The boundaries and configuration of the location of a lease must be acceptable to the Minister, but the area of the location of a lease shall be not more than 2304 hectares.

Term of lease

41(1) The term of a lease is 15 years computed from the term commencement date shown in the lease.

(2) The Minister may renew a lease for a term of 15 years if the lessee applies for the renewal of the lease before the end of its term, and if, during the term of the lease, the lessee has complied with this Part and the terms and conditions of the lease, and

(a) has, in the opinion of the Minister, produced from the location in commercial quantity and on a sufficiently continuous basis a metallic and industrial mineral to which rights are granted by the lease, or



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(b) has submitted to the Minister a plan satisfactory to the Minister for the development of the minerals to which rights are granted by the lease.

(3) The renewal of a lease under subsection (2)

(a) may be as to a portion of its location or as to portions of its location or as to a zone or zones within the location determined by the Minister, and

(b) is subject to any terms and conditions that the Minister prescribes at the time the renewal is granted.

Notice respecting production or development

42(1) The Minister may, on application for a lease, on application for renewal of a lease or at any time during the term of a lease, require the prospective lessee or the lessee to submit to the Minister

(a) a plan for the development in the location of the lease or of the proposed lease of a metallic and industrial mineral in respect of which rights are granted under the lease or are applied for under the proposed lease, or

(b) documents or other materials that, in the opinion of the Minister, indicate an intent to develop in the foreseeable future in the location of the lease or of the proposed lease a metallic and industrial mineral in respect of which rights are granted under the lease or are applied for under the proposed lease.

(2) If the Minister approves the plan of development or other documents and materials submitted under subsection (1),

(a) the lessee must comply with it or them, or

(b) the lessee must provide an explanation satisfactory to the Minister for not complying.

Part 4 Secondary Mineral Leases

Commercial Mining as a Secondary Activity

Interpretation 43 In this Part,



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(a) “approved surface operation” means an operation for the recovery and processing of surface materials, and the equipment, plant and facilities used or involved in that operation, for which all licences, approvals, permits or consents required, pursuant to the law of Alberta, have been obtained and are in force and effect;

(b) “secondary recovery operation” means an operation for the winning, working and recovering, from surface materials recovered and processed through an approved surface operation, of metallic and industrial minerals that are contained in those surface materials;

(c) “surface materials” means sand, gravel, clay, marl, topsoil, silt or peat.

Application for secondary mineral lease

44(1) A person may apply to the Minister for a secondary mineral lease.

(2) The Minister may grant a secondary mineral lease to an applicant if the Minister receives from the applicant

(a) an application in a form that is satisfactory to the Minister,

(b) the application fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97), and

(c) written proof that the applicant holds all licences, approvals, permits and consents required to conduct the approved surface operation or is authorized by the person who holds those licences, approvals, permits and consents to conduct the secondary recovery operation.

Rights conveyed by secondary mineral lease

45(1) Subject to subsection (2), a secondary mineral lease grants in accordance with the terms and conditions of that lease the right to win, work and recover metallic and industrial minerals in and through a secondary recovery operation.

(2) The Minister may restrict the kinds of metallic and industrial minerals in respect of which rights are granted under a secondary mineral lease pursuant to subsection (1).

(3) The recovery of metallic and industrial minerals pursuant to a secondary mineral lease must be accomplished through what is, in the opinion of the Minister, an ore processing or wash plant operation located in Alberta.



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Location

46(1) The location of a secondary mineral lease consists of the area determined by the Minister to encompass a secondary recovery operation.

(2) The Minister may change or amend the location of a secondary mineral lease accordingly as the area determined under subsection (1) changes.

Term

47(1) The term of a secondary mineral lease is 5 years from the term commencement date shown in the lease.

(2) The Minister may renew a secondary mineral lease for a term of 5 years if

(a) the holder of that lease applies for its renewal before the end of its term and pays the renewal fee prescribed in the Schedule to the Mines and Minerals Administration Regulation (AR 262/97),

(b) during the term of that lease, the holder has complied with its terms and conditions and this Part, and

(c) at the time of the renewal, the holder of that lease continues to hold

(i) the licences, approvals, permits and consents required to conduct the approved surface operation, or

(ii) the authority from the person who holds those licences, approvals, permits and consents to conduct the secondary recovery operation.

(3) The renewal of a secondary mineral lease under subsection (2)

(a) may be as to the whole or as to a portion of its location determined by the Minister, and

(b) is subject to any terms and conditions that the Minister prescribes at the time the renewal is granted.

Part 5 General

Cores, cuttings requirements 48(1) The Minister may request or accept from a lessee, a permittee or a holder of a secondary mineral lease a representative portion of



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mineral core, cuttings or samples for the purpose of making it available for viewing and use by any member of the general public.

(2) The representative portion requested by the Minister under subsection (1) shall not exceed 2% of the core sample, rock sample or drill cuttings obtained pursuant to a lease, permit or secondary mineral lease.

(3) A lessee, a permittee and the holder of a secondary mineral lease must follow all directions or instructions given by the Minister with respect to

(a) a mineral core, cuttings or samples,

(b) the retrieval, selection, labelling, delivery, transportation and storage of core samples, rock samples or drill cuttings, and

(c) the records to accompany samples and cuttings.

(4) A lessee, a permittee or the holder of a secondary mineral lease to whom the directions and instructions referred to in subsection (3) have been given must bear the cost of complying with the directions and instructions.

(5) The Minister, on application by a lessee, permittee or holder of a secondary mineral lease, may waive compliance with all or any directions or instructions referred to in subsection (3).

Property of the Crown

49 All core samples, rock samples or drill cuttings received by the Department pursuant to section 48(3) and all records accompanying the samples and cuttings

(a) are thereafter, subject to clause (b), the property of the Crown in right of Alberta, and

(b) must be kept confidential as follows:

(i) subject to subclauses (ii) and (iii), for a period of one year after the last day of the assessment work period of a permit, as defined in section 12(1), during which they are delivered to the Department;

(ii) if the Minister is of the opinion that subclause (i) is not appropriate in the circumstances, for a period of one year after the receipt by the Government of a final plan for an approved exploration program pursuant to the Metallic and Industrial Minerals Exploration Regulation (AR 213/98);



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(iii) if the Minister is of the opinion that subclauses (i) and (ii) are not appropriate in the circumstances, for a period of one year after a date established by the Minister.

Order in Council for mining

50(1) The Lieutenant Governor in Council may by order authorize a lessee to mine, work or remove a metallic and industrial mineral in the location of the lessee’s lease in commercial quantities subject to any terms or conditions that the Lieutenant Governor in Council prescribes.

(2) Notwithstanding Parts 1 and 4 of this Regulation,

(a) a permit holder shall not mine, work or remove a metallic and industrial mineral in the location of the permit in commercial quantities, and

(b) a lessee shall not mine, work or remove a metallic and industrial mineral in the location of the lease in commercial quantities unless he is authorized to do so pursuant to an order under subsection (1).

(3) Subsections (1) and (2) do not apply to the recovery or production of

(a) a metallic and industrial mineral pursuant to a licence or a secondary mineral lease,

(b) a metallic and industrial mineral that is the subject of quarrying operations for which a permit or licence is issued, or

(c) a metallic and industrial mineral that is extracted in brine form.

Part 6 Repeal and Expiry

Repeal 51 The Metallic and Industrial Minerals Regulation (AR 66/93) is repealed.

Expiry

52 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 March 31, 2015.



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Schedule (Section 10)

Mineral Assessment Report

1 In this Schedule,

(a) “Part A” means Part A of the mineral assessment report consisting of all administrative documents accompanying the technical report that are required

(i) to meet mineral assessment report filing requirements under sections 17 and 20 of this Regulation,

(ii) to authorize the allocation or attribution of expenditures to the location of a permit,

(iii) to authorize, if applicable, the surrender of a permit or of a part or parts of the location of a permit, and

(iv) to support the submission of Part B and Part C of the mineral assessment report;

(b) “Part B” means Part B of the mineral assessment report consisting of the technical report describing the assessment work, results, analyses and conclusions with respect to the location and work period of each permit to which the mineral assessment report relates;

(c) “Part C” means Part C of the mineral assessment report consisting of any supporting or supplementary technical appendices to Part B, the content of which may include, but is not limited to, data, results and information supporting the method, data, results or conclusions of the mineral assessment report;

(d) “technical author” means the person who prepares, or supervises the preparation of, Part B and Part C.

2 A mineral assessment report submitted under this Regulation

(a) must contain Part A and Part B, and

(b) may contain Part C,

relating to the results of assessment work conducted on the location of a permit or a group of permits during the period or periods to which the report pertains.

3(1) One original of each of the Part A documents must be submitted to the Minister and the Part A documents must



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(a) be complete with all required signatures and authorizations,

(b) in the opinion of the Minister, be of suitable quality to copy or reproduce,

(c) be in print format or in a format or formats other than print that is approved by the Minister, and

(d) if in print format, be on legal or letter size paper.

(2) Two copies of Part B must be submitted to the Minister and each copy must be

(a) considered by the Minister to be of suitable quality to copy or reproduce,

(b) be in print format or in a format or formats other than print that is approved by the Minister, and

(c) if in print format, be on legal or letter size paper.

(3) Unless otherwise specified by the Minister, 2 copies of Part C must be submitted to the Minister and each copy must, in the opinion of the Minister, be of suitable quality to copy or reproduce.

4(1) Part A must contain

(a) a name for the project in respect of which the mineral assessment report is being submitted,

(b) a list of the permits covered by the mineral assessment report and in respect of each permit, its number and the name of the permittee,

(c) a detailed statement of expenditures incurred in conducting assessment work during the work period of the permit or the work periods of the permits to which the mineral assessment report relates,

(d) instructions regarding the allocation to permits of the expenditures on assessment work referred to in clause (c),

(e) instructions regarding the retention of permits or of the parts of the locations of permits under and in accordance with sections 20 and 23 of this Regulation, and

(f) a map showing the location, the boundaries and the number of each permit in respect of which the mineral assessment report is being submitted.



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(2) Part A must include a statement or statements signed by the mineral assessment appointee

(a) verifying the accuracy and completeness of Part A,

(b) verifying the completeness of Parts B and C, and

(c) authorizing any instructions or requests to the Minister contained in Part A.

5 Part B must

(a) be provided with page numbers on the title page and all subsequent pages and appendices,

(b) contain a table of contents that sets out the principal subdivisions of the text and corresponding page numbers, the principal subdivisions of Part C, and a table of illustrations with corresponding figure numbers,

(c) contain a text, along with technical illustrations and tabulations, comprised of the following principal subdivisions containing the following information and data:

(i) summary – a summary of the assessment work performed, of the results obtained, and of the expenditures made, with respect to the locations of the permits during the assessment work periods of the permits for which the mineral assessment report is being submitted,

(ii) introduction – an outline of the scope and exploration objectives of the assessment work,

(iii) location and access – details regarding the location of the assessment work, including reference maps showing

(A) the location, boundaries and permit numbers for each permit in which that assessment work was conducted, and

(B) the specific sites and exploration grids used for sampling, drilling, surveying and other assessment work within the location of each permit,

(iv) work performed – a detailed description of the assessment work, including the methods of performing the assessment work, the name of the individual or company who performed or supervised the work, and the dates on which the work was performed,



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(v) results – a tabulation or compilation of data collected in the course of the assessment work, a description of the analysis and the results of that data, and reference to each appendix in accordance with clause (e),

(vi) conclusions – an outline of the conclusions reached from the assessment work and next steps to be taken as a result of those conclusions, and

(vii) references – list of publications and all other sources of information, other than the assessment work, referred to in Part B and, if applicable, Part C,

(d) contain a signed statement from the technical author that

(i) states the name and qualifications or work experience of the technical author,

(ii) provides authorization to copy or reproduce Part A and, if applicable, Part C after the end of the one-year confidentiality period referred to in section 27(1) of this Regulation, and

(iii) accepts responsibility for the veracity of technical data and results,

and

(e) if the mineral assessment report includes Part C, each appendix contained in Part C should be referenced in Part B, with respect to key findings, a summary of results or the relevance of that appendix to the mineral assessment report results.

6 The following kinds of work may be submitted to the Minister as assessment work for the purpose of the spending requirements of sections 8(1) and (3) and 26(3) of this Regulation:

(a) prospecting;

(b) stripping and trenching;

(c) shaft-sinking, tunnelling and other underground work;

(d) drilling;

(e) geological survey;

(f) geophysical survey;

(g) geochemical survey;



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(h) legal land survey;

(i) transporting drill core and mineral samples to a core storage facility or other acceptable location provided by the Minister;

(j) reclamation of disturbed sites;

(k) any other type of work approved by the Minister as assessment work for the purpose of the spending requirements of sections 8(1) and (3) and 26(3) of this Regulation.

7 With respect to data and results submitted in Part B or Part C

(a) all locations and data must be reported using geographic co-ordinates, units of measure or other data conventions acceptable to the Minister,

(b) if mineral sampling or drilling is reported, an identification code must be provided for each mineral sample, core or cutting, for use as a reference code in all descriptions, assays and analyses of that mineral sample, core or cutting, and

(c) if sampling, drilling or other on-site analysis is reported, a point location code or name must be provided with the description of each sample, drill core, cutting or on-site analysis to distinguish work performed and material collected at the same point location from work performed and material collected at different point locations.

8(1) Drilling results must include clearly legible drill logs.

(2) Mineral sampling results must identify

(a) the date when the sampling took place,

(b) the size and type of sample,

(c) the sampling location, given by geographic co-ordinates and shown on a map, and

(d) the observed physical or geological characteristics of the sample.

(3) If assays or analytical results are reported, the mineral assessment report must also include

(a) a description of the analytical methods used and indicated detection limits,



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(b) a clearly legible and signed copy of the certified laboratory report submitted by the analytical facility that furnished the assays or analytical results, and

(c) cross-reference between the laboratory report and the samples or drill core identification code provided under section 7(b) of this Schedule.

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Court of Appeal Act Court of Queen’s Bench Act

Civil Enforcement Act Family Law Act

ALBERTA RULES OF COURT AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 381/2005) on July 26, 2005 pursuant to section 16 of the Court of Appeal Act, section 20 of the Court of Queen’s Bench Act, section 107 of the Civil Enforcement Act and section 107 of the Family Law Act.

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

2 The following is added after Part 44.1:

Part 44.2 Family Law Act Matters

Application of this Part 580.1(1) In this Part,

(a) “Act” means the Family Law Act;

(b) “Court” means the Court of Queen’s Bench;

(c) “file” means to file with the clerk of the Court of Queen’s Bench;

(d) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for the Act.


AR 146/2005 COURT OF APPEAL; COURT OF QUEEN’S BENCH; CIVIL ENFORCEMENT; FAMILY LAW

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(2) For the purposes of the Act and the regulations made under the Act and this Part, “party” means, in respect of an application under the Act, any one or more of the following:

(a) a person named as an applicant or a respondent in the application;

(b) a person identified in any enactment as a party to the application;

(c) a public official, including the Director acting under Part 5 of the Income and Employment Supports Act, who pursuant to any enactment has the right to commence, defend, intervene in or take any step in respect of the application and exercises that right;

(d) a person added as a party by the court hearing the application.

(3) Unless this Part, the Act, any enactment or an order of the Court indicates otherwise, other Parts of these Rules, except the requirements relating to discovery of records in Rules 186 to 199, apply to proceedings and appeals under the Act.

(4) A reference to the appropriate form in this Part is a reference to the form established by the Minister in accordance with the Family Law Act General Regulation made pursuant to the Act.

(5) Where the Minister has not established the form of statement or reply statement referred to in these Rules,

(a) the party required to file that statement or reply statement must instead swear and file an affidavit containing the evidence to support that party’s application or response, as the case may be, and

(b) a blank reply statement need not be served.

Initiating a claim 580.2(1) The applicant for an order described in Parts 1 to 4 of the Act must file a claim in the appropriate form that sets out the order being applied for.

(2) The applicant may ask the Court to grant more than one order, using only one claim form.

(3) The applicant must also swear and file a statement in the appropriate form for each of the orders applied for.



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(4) The applicant may also swear and file a supplementary affidavit.

Service of claim documents 580.3(1) The applicant must serve each person named in the claim as a respondent, and each person who is required by the Act to be served, with

(a) a copy of the documents filed under Rule 580.2,

(b) a blank response in the appropriate form, and

(c) a blank reply statement in the appropriate form for each of the orders applied for.

(2) The documents referred to in subrule (1) must be served at least 10 days before the date set out in the claim for the hearing of the applicant’s application by the Court or within any other period the Court considers appropriate.

(3) When computing time for the purposes of this Rule, weekends and holidays are not to be included in the calculation.

Respondent’s response 580.4(1) A respondent who wishes to respond to the applicant’s claim must file the form referred to in Rule 580.3(1)(b) and must swear and file the form referred to in Rule 580.3(1)(c).

(2) The respondent may, in the response, ask the Court to grant one or more additional orders and, in that event, the respondent must swear and file a statement in the appropriate form for each additional order requested.

(3) The respondent may also swear and file a supplementary affidavit.

Service of response documents 580.5(1) The respondent must serve the applicant and any other party with

(a) a copy of the documents filed under Rule 580.4, and

(b) where the respondent has asked the Court to grant one or more additional orders, a blank reply statement in the appropriate form for each of the additional orders requested in the respondent’s response.

(2) The documents referred to in subrule (1) must be served at least 5 days before the date set out in the claim for the hearing of



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the applicant’s application by the Court or within any other period the Court considers appropriate.

(3) When computing time for the purposes of this Rule, weekends and holidays are not to be included in the calculation.

Response to respondent’s request for additional order 580.6(1) Any party who wishes to respond to the respondent’s request that the Court grant one or more additional orders must swear and file the reply statement referred to in Rule 580.5(1)(b).

(2) Any party who completes a reply statement under subrule (1) must serve the respondent and any other party with a copy of the reply statement at least 24 hours before the date set out in the claim for the hearing of the applicant’s application by the Court.

Appearance before the Court 580.7 The Court may, whether or not the respondent has complied with Rules 580.4 and 580.5,

(a) decide all or part of the matter,

(b) adjourn all or part of the matter to a later date, or

(c) set all or part of the matter down for a short oral hearing or trial,

and the Court may give any direction and grant any interim or procedural order the Court considers appropriate.

Hearing 580.8(1) The Court may set all or part of the matter down for a short oral hearing or trial by way of telecommunication.

(2) An oath may be administered by telecommunication.

Appeal of decision of Court of Queen’s Bench sitting as an original court

580.81(1) Subject to subrule (2), a decision of the Court sitting as an original court made under the Act may be appealed to the Court of Appeal in accordance with Part 39.

(2) Notwithstanding Rule 506, the notice of appeal must be filed and served

(a) within 30 days following the date on which the order being appealed was pronounced, or



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(b) if the appellant is able to establish to the Court’s satisfaction the date on which the appellant received notice of the order, within 30 days following that date.

Appeal of Provincial Court order to Court of Queen’s Bench 580.82(1) To appeal an order of the Provincial Court to the Court of Queen’s Bench pursuant to section 9 of the Provincial Court Procedures (Family Law) Regulation, a party shall

(a) file a notice of appeal in the appropriate form with the clerk of the Court of Queen’s Bench located in the judicial district where the order to be appealed was made, and

(b) serve a copy of the filed notice of appeal on the respondent

(i) personally,

(ii) by prepaid registered mail to the address for service, or

(iii) as directed by the Court of Queen’s Bench.

(2) The notice of appeal must be filed and served



Notice of appeal 580.83 The notice of appeal must describe

(a) the court that made the order being appealed, the location of that court and the name of the judge,

(b) the date of the order,

(c) a brief statement of the grounds on which the appeal is based,

(d) the nature of the order or other relief that the appellant seeks, and

(e) the address for service of the appellant.



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Duty of clerks 580.84(1) The clerk of the Court must promptly give a copy of the notice of appeal to the clerk of the Provincial Court that made the order.

(2) Immediately on receipt of the notice of appeal, the clerk of the Provincial Court must forward the order, together with the filed documents relating to the order, including exhibits, to the clerk of the Court.

Transcript 580.85(1) The appellant must

(a) order and pay for a transcript of the hearing before the Provincial Court, and

(b) at the time of filing of the notice of appeal, provide to the clerk of the Court a copy of the requisition for the transcript and a receipt evidencing the ordering of the transcript.

(2) The appellant must file a copy of the transcript and serve a copy on the respondent not later than 3 months following the filing of the notice of appeal unless an order has been made by a judge of the Court prior to the expiration of the 3-month period extending the time for filing the transcript.

Non-compliance by appellant 580.86(1) If the appellant has not complied with Rule 580.85(2), the Court shall order that the appeal be dismissed, with or without costs, without further notice to the appellant.

(2) The Court may, on application, reinstate an appeal that has been dismissed under this Rule.

Filing of affidavits of service 580.87 The appellant must file a copy of the affidavits of service of the notice of appeal and the transcript of the hearing before the Provincial Court.

Scheduling appeal 580.88 On receiving all necessary documents, transcripts and affidavits of service, the clerk of the Court must

(a) schedule the hearing of the appeal, and

(b) send notice of the time and place to all parties by registered mail at least 30 days before the date fixed for the hearing of the appeal.



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Evidence 580.89 The documents provided by the clerk of the Provincial Court pursuant to Rule 580.84(2) and the transcript of the hearing before the Provincial Court form the record for the hearing of the appeal, and no other evidence shall be considered by the Court unless otherwise ordered by the Court.

Appeal memoranda 580.9(1) The appellant must, not later than noon on the 14th day before the date scheduled for the hearing of the appeal, file and serve on the respondent an appeal memorandum setting out

(a) the facts in brief,

(b) the relief sought by the appellant,

(c) the argument and authorities on which the appellant intends to rely in support of the grounds set out in the notice of appeal, and

(d) particular references to the evidence to be discussed in relation to the grounds or arguments.

(2) The respondent must, not later than noon on the 7th day before the date scheduled for the hearing of the appeal, file and serve on the appellant an appeal memorandum setting out

(a) the respondent’s position on the relief sought by the appellant,

(b) the relief, if any, sought by the respondent by way of cross-appeal,

(c) the argument and authorities on which the respondent intends to rely, and

(d) particular references to the evidence to be discussed in relation to the grounds or arguments.

Powers of Court on appeal 580.91 After hearing the appeal, the Court may do one or more of the following:

(a) confirm the order of the Provincial Court;

(b) set aside the order of the Provincial Court;

(c) make any order that the Provincial Court could have made;



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(d) direct the Provincial Court to conduct a new hearing.

Appeal of decision of Court of Queen’s Bench sitting as an appeal court

580.92(1) No appeal lies from a decision of the Court sitting as an appeal court for decisions made under the Act except to the Court of Appeal on a question of law or jurisdiction, or both, with leave of a judge of the Court of Appeal.

(2) Part 39 and subrule (3) apply in respect of the appeal.

(3) Notwithstanding Rule 506, the notice of appeal must be filed and served



Duty of lawyer 580.93(1) Every lawyer who acts on behalf of a party in a proceeding under the Act must file a certificate in the appropriate form in accordance with section 5 of the Act.

(2) Subrule (1) does not apply where the lawyer is legal counsel for a director under an enactment.

Address for service 580.94(1) For the purposes of this Part, the address for service is,

(a) for the applicant, the address provided in the claim filed under Rule 580.2 or as otherwise provided to the Court and all other parties in writing or on the record during a court appearance,

(b) for the respondent, the address provided in the response filed under Rule 580.4 or as otherwise provided to the Court and all other parties in writing or on the record during a court appearance, and

(c) for any other party, the address provided by the party to the Court and to all other parties in writing or on the record during a court appearance.

(2) Where any party is represented by a lawyer, that party’s address for service is the lawyer’s address, as provided in the certificate referred to in Rule 580.93 or as otherwise provided in writing.



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Disclosure of financial information 580.95(1) Where a written request for financial information has been made under section 65(1) or (4) of the Act, that information shall be provided

(a) within 30 days after the request is received where the party receiving the request resides in Canada or the United States, or

(b) within 60 days after the request is received where the party receiving the request resides outside Canada and the United States.

(2) The Court may provide in a practice direction a form of written request for financial information for the purposes of section 65(1) and (4) of the Act.

3 Schedule E is amended under the heading “Number 1 Clerk’s Fees”

(a) in item 1 by striking out “Commencement” and substituting “Except where item 1.1 applies, commencement”;

(b) by adding the following after item 1: 1.1 Commencement of actions or proceedings under

the Family Law Act, except in respect of those matters listed in section 3(2)(a) and (c) of that Act, including all subsequent filings or acts, but excluding filing a certificate of readiness and appointments for solicitor/client taxations

no charge

(c) in item 2 by striking out “Setting” and substituting “Except where item 2.1 applies, setting”;

(d) by adding the following after item 2: 2.1 Setting a matter for trial under the Family Law

Act, except those matters listed in section 3(2)(a) and (c) of that Act, by means of a certificate of readiness, Order or otherwise

no charge



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4 This Regulation comes into force on the date the Family Law Act is proclaimed in force.

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


Family Law Act

ALBERTA CHILD SUPPORT GUIDELINES


For information only: Made by the Lieutenant Governor in Council (O.C. 382/2005) on July 26, 2005 pursuant to section 107 of the Family Law Act.

Table of Contents

1 Objectives

Interpretation

2 Definitions 3 Presumptive rule 4 Incomes over $150 000 5 Person in the place of parent 6 Medical and dental insurance 7 Special or extraordinary expenses 8 Split custody 9 Shared parenting 10 Undue hardship

Elements of a Child Support Order

11 Form of payments 12 Security 13 Information to be specified in order

Variation of Child Supports Orders

14 Circumstances for variation

Income

15 Determination of annual income 16 Calculation of annual income 17 Pattern of income 18 Shareholder, director or officer 19 Imputing income 20 Non-resident


AR 147/2005 FAMILY LAW

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Income Information

21 Obligation of applicant 22 Continuing obligation to provide income information 23 Provincial child support services

Coming into Force

24 Coming into force Schedules

Objectives

1 The objectives of these Guidelines are

(a) to establish a fair standard of support for children that ensures that they benefit from the financial means of both parents,

(b) to reduce conflict and tension between parents by making the calculation of child support orders more objective,

(c) to improve the efficiency of the legal process by giving courts and parents guidance in setting the levels of child support orders and encouraging settlement, and

(d) to ensure consistent treatment of parents and children who are in similar circumstances.

Interpretation

Definitions 2(1) In these Guidelines,


(b) “child” means a child as defined in section 46 of the Act;

(c) “court” means the Provincial Court or the Court of Queen’s Bench, as the circumstances require;

(d) “income” means the annual income determined under sections 15 to 20;

(e) “order assignee” means a Minister, member or agency referred to in subsection 20.1(1) of the Divorce Act (Canada) to whom a child support order is assigned in accordance with that subsection;



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(f) “parent” means a parent as defined in sections 1 and 47 of the Act;

(g) “table” means a federal child support table set out in Schedule I of the Federal Child Support Guidelines, as adopted in Schedule 1 to these Guidelines.

(2) Words and expressions that are used in sections 15 to 21 and that are not defined in this section have the meanings assigned to them under the Income Tax Act (Canada).

(3) Where for the purposes of these Guidelines any amount is determined on the basis of specified information, the most current information must be used.

(4) In addition to child support orders, these Guidelines apply, with such modifications as the circumstances require, to

(a) interim orders under section 84 of the Act, and

(b) orders varying a child support order.

Presumptive rule

3(1) Unless otherwise provided under these Guidelines, the amount of a child support order for children under the age of majority is

(a) the amount set out in the applicable table, according to the number of children under the age of majority to whom the order relates and the income of the parent against whom the order is sought, and

(b) the amount, if any, determined under section 7.

(2) Unless otherwise provided under these Guidelines, the amount of a child support order for a child the age of majority or over, including a child who is a full-time student, is

(a) the amount determined by applying these Guidelines as if the child to whom the order relates were under the age of majority, or

(b) if the court considers that approach to be inappropriate, the amount that the court considers appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial ability of each parent to contribute to the support of the child.

(3) For the purposes of subsection (2) and sections 7 and 10, and section 46(b)(ii) of the Act, a full-time student is a person who is



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enrolled in a course or courses that constitute a full-time program of study during an academic term at

(a) a school as defined in the School Act,

(b) a post-secondary institution under the Post-secondary Learning Act,

(c) an educational institution designated as such under section 118.6 of the Income Tax Act (Canada), or

(d) a school or institution that in the opinion of the court is substantially similar to those referred to in clauses (a) to (c).

(4) The applicable table is

(a) if the parent against whom an order is sought resides in Canada,

(i) the table for the province in which that parent ordinarily resides at the time the application for the child support order, or for a variation order in respect of a child support order, is made or the amount is to be recalculated under section 25.1 of the Divorce Act (Canada),

(ii) where the court is satisfied that the province in which that parent ordinarily resides has changed since the time described in subclause (i), the table for the province in which the parent ordinarily resides at the time of determining the amount of support, or

(iii) where the court is satisfied that, in the near future after determination of the amount of support, that parent will ordinarily reside in a given province other than the province in which the parent ordinarily resides at the time of that determination, the table for the given province,

and

(b) if the parent against whom an order is sought resides outside of Canada, or if the residence of that parent is unknown, the table for the province where the other parent ordinarily resides at the time the application for the child support order is made or the amount is to be recalculated under section 25.1 of the Divorce Act (Canada).



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Incomes over $150 000

4 Where the income of the parent against whom a child support order is sought is over $150 000, the amount of a child support order is

(a) the amount determined under section 3, or

(b) if the court considers that amount to be inappropriate,

(i) in respect of the first $150 000 of the parent’s income, the amount set out in the applicable table for the number of children under the age of majority to whom the order relates,

(ii) in respect of the balance of the parent’s income, the amount that the court considers appropriate, having regard to the condition, means, needs and other circumstances of the children who are entitled to support and the financial ability of each parent to contribute to the support of the children, and

(iii) the amount, if any, determined under section 7.

Person in the place of parent

5 Where the person against whom a child support order is sought stands in the place of a parent, the amount of the child support order in respect of that person is the amount that the court considers appropriate having regard to the factors set out in section 51(5) of the Act.

Medical and dental insurance

6 In making a child support order, where medical or dental insurance coverage for the child is available to either parent through his or her employer or otherwise at a reasonable rate, the court may order that coverage be acquired or continued.

Special or extraordinary expenses

7(1) In a child support order the court may provide for an amount to cover all or any portion of the following expenses, which expenses may be estimated, taking into account the necessity of the expense in relation to the child’s best interests and the reasonableness of the expense in relation to the means of the parents and those of the child and to the family’s spending pattern prior to the separation:

(a) child care expenses incurred as a result of employment, illness, disability or education or training for employment of the parent or another person referred to in section 50(1)(b), (c) or (d) of the Act;



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(b) that portion of the medical and dental insurance premiums attributable to the child;

(c) health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counseling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;

(d) extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;

(e) expenses for post-secondary education;

(f) extraordinary expenses for extracurricular activities.

(2) The guiding principle in determining the amount of an expense referred to in subsection (1) is that the expense is shared by the parents in proportion to their respective incomes after deducting from the expense the contribution, if any, from the child.

(3) In determining the amount of an expense referred to in subsection (1), the court must take into account any subsidies, benefits or income tax deductions or credits relating to the expense, and any eligibility to claim a subsidy, benefit or income tax deduction or credit relating to the expense.

Split custody

8 Where each parent has sole custody or primary care and control of one or more children, the amount of a child support order is the difference between the amounts that the parents would otherwise pay if a child support order were sought against each of them.

Shared parenting

9 Where a parent exercises a right of parenting time, or a right of access to, or exercises physical care and control of a child for not less than 40% of the time over the course of a year, the amount of a child support order must be determined by taking into account

(a) the amounts set out in the applicable tables for each of the parents,

(b) the increased costs of shared parenting arrangements, and

(c) the condition, means, needs and other circumstances of each parent and of any child for whom support is sought.



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Undue hardship

10(1) On either parent’s application, a court may award an amount of child support that is different from the amount determined under any of sections 3, 4, 8 or 9 if the court finds that the parent making the request, or a child in respect of whom the request is made, would otherwise suffer undue hardship.

(2) Circumstances that may cause a parent or child to suffer undue hardship include the following:

(a) the parent has responsibility for an unusually high level of debts reasonably incurred to support the parents and their children prior to the separation or to earn a living;

(b) the parent has unusually high expenses in relation to exercising access to or parenting time or contact with a child;

(c) the parent has a legal duty under a judgment, order or written separation agreement to support any person;

(d) the parent has a legal duty to support a child other than the child of the parents or a child of the other parent who is a party to the application, who is

(i) under the age of majority, or

(ii) of the age of majority or over but is unable, by reason of illness, disability or other cause, to obtain the necessaries of life;

(e) the parent has a legal duty to support any person who is unable to obtain the necessaries of life due to illness or disability.

(3) Despite a determination of undue hardship under subsection (1), an application under that subsection must be denied by the court if it is of the opinion that the household of the parent who claims undue hardship would, after determining the amount of child support under any of sections 3, 4, 8 or 9, have a higher standard of living than the household of the other parent.

(4) In comparing standards of living for the purpose of subsection (3), the court may use the comparison of household standards of living test set out in Schedule 2.

(5) Where the court awards a different amount of child support under subsection (1), it may specify in the child support order a reasonable time for the satisfaction of any obligation arising from circumstances that cause undue hardship and the amount of support payable at the end of that time.



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(6) Where the court awards a different amount of child support under this section, it must record its reasons for doing so.

Elements of a Child Support Order

Form of payments 11 The court may require in a child support order that the amount payable under the order be paid in periodic payments, in a lump sum or in a lump sum and periodic payments.

Security

12 The court may require in a child support order that the amount payable under the order be paid or secured, or paid and secured, in the manner specified in the order.

Information to be specified in order

13 A child support order must include the following information:

(a) the name and birth date of each child to whom the order relates;

(b) the income of any parent whose income is used to determine the amount of the child support order;

(c) the amount determined under section 3(1)(a) for the number of children to whom the order relates;

(d) the amount determined under section 3(2)(b) for a child of the age of majority or over;

(e) the particulars of any expense described in section 7(1), the child to whom the expense relates and the amount of the expense or, where that amount cannot be determined, the proportion to be paid in relation to the expense;

(f) the date on which the lump sum or first payment is payable and the day of the month or other time period on which all subsequent payments are to be made.

Variation of Child Support Orders

Circumstances for variation 14 For the purposes of section 77(4) of the Act, any one of the following constitutes a change of circumstances that gives rise to the making of a variation order in respect of a child support order:

(a) in the case where the amount of child support includes a determination made in accordance with the applicable table,



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any change in circumstances that would result in a different child support order or any provision of it;

(b) in the case where the amount of child support does not include a determination made in accordance with a table, any change in the condition, means, needs or other circumstances of either parent or of any child who is entitled to support;

(c) in the case of an order under the Domestic Relations Act, the Income Support Recovery Act, the Provincial Court Act, the Maintenance Order Act, the Parentage and Maintenance Act or the Child, Youth and Family Enhancement Act made before the coming into force of section 77(4) of the Act, the coming into force of that section.

Income

Determination of annual income 15(1) Subject to subsection (2), a parent’s annual income is determined by the court in accordance with sections 16 to 20.

(2) Where both parents agree in writing on the annual income of a parent, the court may consider that amount to be the parent’s income for the purposes of these Guidelines if the court is of the opinion that the amount is reasonable having regard to the income information provided under section 21.

Calculation of annual income

16 Subject to sections 17 to 20, a parent’s annual income is

(a) determined using the sources of income set out under the heading “Total income” in the T1 General form issued by the Canada Customs and Revenue Agency, and

(b) adjusted in accordance with Schedule 3.

Pattern of income

17(1) If the court is of the opinion that the determination of a parent’s annual income under section 16 would not be the fairest determination of that income, the court may have regard to the parent’s income over the last 3 years and determine an amount that is fair and reasonable in light of any pattern of income, fluctuation in income or receipt of a non-recurring amount during those years.

(2) Where a parent has incurred a non-recurring capital or business investment loss, the court may, if it is of the opinion that the determination of the parent’s annual income under section 17 would not provide the fairest determination of the annual income, choose not



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to apply sections 6 and 7 of Schedule 3, and may adjust the amount of the loss, including related expenses and carrying charges and interest expenses, to arrive at an amount that the court considers appropriate.

Shareholder, director or officer

18(1) Where a parent is a shareholder, director or officer of a corporation and the court is of the opinion that the amount of the parent’s annual income as determined under section 16 does not fairly reflect all the money available to the parent for the payment of child support, the court may consider the situations described in section 17 and determine the parent’s annual income to include

(a) all or part of the pre-tax income of the corporation, and of any corporation that is related to that corporation, for the most recent taxation year, or

(b) an amount commensurate with the services that the parent provides to the corporation, provided that the amount does not exceed the corporation’s pre-tax income.

(2) In determining the pre-tax income of a corporation for the purposes of subsection (1), all amounts paid by the corporation as salaries, wages or management fees, or other payments or benefits, to or on behalf of persons with whom the corporation does not deal at arm’s length must be added to the pre-tax income, unless the parent establishes that the payments were reasonable in the circumstances.

Imputing income

19(1) The court may impute the amount of income to a parent that it considers appropriate in the circumstances, and those circumstances include the following:

(a) the parent is intentionally under-employed or unemployed, except where the under-employment or unemployment is required by the needs of a child of the parents or any child under the age of majority or by the reasonable educational or health needs of the parent;

(b) the parent is exempt from paying federal or provincial income tax;

(c) the parent lives in a country that has effective rates of income tax that are significantly lower than those in Canada;

(d) it appears that income has been diverted which would affect the level of child support to be determined under these Guidelines;



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(e) the parent’s property is not reasonably utilized to generate income;

(f) the parent has failed to provide income information when under a legal obligation to do so;

(g) the parent unreasonably deducts expenses from income;

(h) the parent derives a significant portion of income from dividends, capital gains or other sources that are taxed at a lower rate than employment or business income or that are exempt from tax;

(i) the parent is a beneficiary under a trust and is or will be in receipt of income or other benefits from the trust.

(2) For the purpose of subsection (1)(g), the reasonableness of an expense deduction is not solely governed by whether the deduction is permitted under the Income Tax Act (Canada).

Non-resident

20 Where a parent is not a resident of Canada, the parent’s annual income is determined as though the parent were a resident of Canada.

Income Information

Obligation of applicant 21(1) A parent who is applying for a child support order and whose income information is necessary to determine the amount of the order must include the following with the application:

(a) a copy of every personal income tax return filed by the parent for each of the 3 most recent taxation years;

(b) a copy of every notice of assessment and reassessment issued to the parent for each of the 3 most recent taxation years;

(c) where the parent is an employee, the 3 most recent statements of earnings indicating the total earnings paid in the year to date, including overtime or, where such statements are not provided by the employer, a letter from the parent’s employer setting out that information, including the parent’s rate of annual salary or remuneration;

(d) where the parent is self-employed, for the 3 most recent taxation years

(i) the financial statements of the parent’s business or professional practice, other than a partnership, and



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(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the parent does not deal at arm’s length;

(e) where the parent is a partner in a partnership, confirmation of the parent’s income and draw from, and capital in, the partnership for its 3 most recent taxation years;

(f) where the parent controls a corporation, for its 3 most recent taxation years

(i) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm’s length;

(g) where the parent is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s 3 most recent financial statements;

(h) where the parent is a student, a statement indicating the total amount of student funding received during the current academic year, including loans, grants, bursaries, scholarships and living allowances;

(i) in addition to any income information that must be included under clauses (c) to (h), where the parent receives income from employment insurance, social assistance, a pension, workers’ compensation, disability payments or any other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year, or if such a statement is not provided, a letter from the appropriate authority stating the required information.

(2) A parent who is served with an application for a child support order and whose income is necessary to determine the amount of the order must, within 30 days after the application is served if the parent resides in Canada or the United States or within 60 days if the parent resides elsewhere, or within another time period specified by the court, provide to the court as well as the other parent or the order assignee, as the case may be, the documents referred to in subsection (1).

(3) Where, in the course of proceedings in respect of an application for a child support order, a parent requests an amount to cover



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expenses referred to in section 7(1) or pleads undue hardship, the parent who would be receiving the amount of child support must, within 30 days after the amount is sought or undue hardship is pleaded if the parent resides in Canada or the United States or within 60 days if the parent resides elsewhere, or within another time period specified by the court, provide to the court and the other parent the documents referred to in subsection (1).

(4) Where, in the course of proceedings in respect of an application for a child support order, it is established that the income of the parent who would be paying the amount of child support is greater than $150 000, the other parent must, within 30 days after the income is established to be greater than $150 000 if the other parent resides in Canada or the United States or within 60 days if the other parent resides elsewhere, or within another time period specified by the court, provide to the court and the parent the documents referred to in subsection (1).

Continuing obligation to provide income information

22(1) Every parent against whom a child support order has been made must, on the written request of the other parent, another person referred to in section 50(1) of the Act who is a party to the order or the order assignee, or pursuant to an order of the court, not more than once a year after the making of the order and as long as the child is a child within the meaning of these Guidelines, provide the other parent, the person or the order assignee with

(a) the documents referred to in section 21(1) for any of the 3 most recent taxation years for which the parent has not previously provided the documents to the other parent, the person or the order assignee,

(b) as applicable, any current information, in writing, about the status of any expenses included in the order pursuant to section 7(1), and

(c) as applicable, any current information, in writing, about the circumstances relied on by the court in a determination of undue hardship.

(2) Where a court has determined that the parent against whom a child support order is sought does not have to pay child support because his or her income level is below the minimum amount required for application of the tables, that parent must, on the written request of the other parent, another person referred to in section 50(1) of the Act who sought the order or pursuant to an order of the court, not more than once a year after the determination and as long as the child is a child within the meaning of these Guidelines, provide the other parent or person with the documents referred to in section 21(1) for any of the 3



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most recent taxation years for which the parent has not previously provided the documents.

(3) Where the income information of the parent in favor of whom a child support order is made is used to determine the amount of the order, the parent must, not more than once a year after the making of the order and as long as the child is a child within the meaning of these Guidelines, on the written request of the other parent or pursuant to an order of the court, provide the other parent with the documents and information referred to in section 21(1).

(4) Where a parent or an order assignee requests information from the other parent under any of subsections (1) to (3) and the income information of the requesting parent is used to determine the amount of the child support order, the requesting parent or order assignee must include the documents referred to in subsection (1) with the request.

(5) A parent who receives a request or is subject to an order made under any of subsections (1) to (3) must provide the required documents within 30 days after receiving the request or after the date specified in the order if the parent resides in Canada or the United States and within 60 days if the parent resides elsewhere.

(6) A request made under any of subsections (1) to (3) is deemed to have been received 10 days after it is sent.

(7) A provision in a judgment, order or agreement purporting to limit a parent’s obligation to provide documents under this section is unenforceable.

Provincial child support services

23 A parent, a person referred to in section 50(1) of the Act who is a party to an order or an order assignee may appoint a provincial child support service to act on his or her behalf for the purpose of requesting and receiving income information under any of section 22(1) to (3).

Coming into Force

Coming into force 24 These Guidelines come into force on the date the Family Law Act is proclaimed in force.



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Schedule 1 (Section 2(1))

Child Support Tables

Adoption 1(1) The federal child support tables set out in Schedule I to the Federal Child Support Guidelines are adopted pursuant to section 107(2) of the Act and form part of these Guidelines with the modifications set out in subsection (2).

(2) In each table, “spouse” is struck out wherever it occurs and “parent” is substituted.

Schedule 2 (Section 10(4))

Comparison of Household Standards of Living Test

Definitions 1 In this Schedule,

(a) “household” means a parent and any of the following persons residing with the parent:

(i) any person who has a legal duty to support the parent or whom the parent has a legal duty to support;

(ii) any person who shares living expenses with the parent or from whom the parent otherwise receives an economic benefit as a result of living with that person, if the court considers it reasonable for that person to be considered part of the household;

(iii) any child whom the parent or the person described in subclause (i) or (ii) has a legal duty to support;

(b) “taxable income” means the annual taxable income determined using the calculations required to determine “Taxable Income” in the T1 General form issued by the Canada Customs and Revenue Agency.

Test

2 The comparison of household standards of living test is as follows:

(a) establish the annual income of each person in each household by applying the formula:

A - B



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where

A is the person’s income determined under sections 15 to 20 of these Guidelines;

B is the federal and provincial taxes payable on the person’s taxable income;

(b) adjust the annual income of each person in each household by

(i) deducting the following amounts, calculated on an annual basis:

(A) any amount relied on by the court as a factor that resulted in a determination of undue hardship, except any amount attributable to the support of a member of the household that is not incurred due to a disability or serious illness of that member;

(B) the amount that would otherwise be payable by the person in respect of a child to whom the order relates, if the pleading of undue hardship was not made,

(I) under the applicable table, or

(II) as it is considered by the court to be appropriate, where the court considers the table amount to be inappropriate;

(C) any amount of support that is paid by the person under a judgment, order or written separation agreement, except

(I) an amount already deducted under paragraph (A), and

(II) an amount paid by the person in respect of a child to whom the order referred to in paragraph (B) relates;

and

(ii) adding the following amounts, calculated on an annual basis:

(A) any amount that would otherwise be receivable by the person in respect of a child to whom the order relates, if the pleading of undue hardship was not made,



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(I) under the applicable table, or

(II) as it is considered by the court to be appropriate, where the court considers the table amount to be inappropriate;

(B) any amount of child support that the person has received for any child under a judgment, order or written separation agreement;

(c) add the amounts of adjusted annual income for all the persons in each household to determine the total household income for each household;

(d) determine the applicable low-income measures amount for each household based on the following:

Low-income Measures

Household Size Low-income Measures Amount

One person

1 adult $10 382

Two persons

2 adults $14 535

1 adult and 1 child $14 535

Three persons

3 adults $18 688

2 adults and 1 child $17 649

1 adult and 3 children $17 649

Four persons

4 adults $22 840


2 adults and 2 children $20 764


Five persons

5 adults $26 993






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Six persons

6 adults $31 145






Seven persons

7 adults $34 261







Eight persons

8 adults $38 413








(e) divide the household income amount in clause (c) by the low-income measures amount in clause (d) to get a household income ratio for each household;

(f) when comparing the household income ratios, the household that has the higher ratio has the highest standard of living.



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Schedule 3 (Section 16)

Adjustments to Income

Employment expenses 1 Where the parent is an employee, the parent’s applicable employment expenses described in the following provisions of the Income Tax Act (Canada) are deducted:

(a) paragraph 8(1)(d) concerning expenses of teacher’s exchange fund contribution;

(b) paragraph 8(1)(e) concerning expenses of railway employees;

(c) paragraph 8(1)(f) concerning sales expenses;

(d) paragraph 8(1)(g) concerning transport employee’s expenses;

(e) paragraph 8(1)(h) concerning travel expenses;

(f) paragraph 8(1)(h.1) concerning motor vehicle travel expenses;

(g) paragraph 8(1)(i) concerning dues and other expenses of performing duties;

(h) paragraph 8(1)(j) concerning motor vehicle and aircraft costs;

(i) paragraph 8(1)(l.1) concerning Canada Pension Plan contributions and Employment Insurance Act (Canada) premiums paid in respect of another employee who acts as an assistant or substitute of the parent;

(j) paragraph 8(1)(n) concerning salary reimbursement;

(k) paragraph 8(1)(o) concerning forfeited amounts;

(l) paragraph 8(1)(p) concerning musical instrument costs;

(m) paragraph 8(1)(q) concerning artists’ employment expenses.

Child support

2 Deduct any child support received that is included to determine total income in the T1 General form issued by the Canada Customs and Revenue Agency.



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Spousal or adult interdependent partner support

3 To calculate income for the purpose of determining an amount under an applicable table, deduct any spousal or adult interdependent partner support paid to the other parent.

Special or extraordinary expenses

4 To calculate income for the purpose of determining an amount under section 7 of these Guidelines, deduct any spousal or adult interdependent partner support paid to the other parent.

Social assistance

5 Deduct any amount of social assistance income that is not attributable to the parent.

Dividends from taxable Canadian corporations

6 Replace the taxable amount of dividends from taxable Canadian corporations received by the parent by the actual amount of those dividends received by the parent.

Capital gains and capital losses

7 Replace the taxable capital gains realized in a year by the parent by the actual amount of capital gains realized by the parent in excess of the parent’s actual capital losses in that year.

Business investment losses

8 Deduct the actual amount of business investment losses suffered by the parent during the year.

Carrying charges

9 Deduct the parent’s carrying charges and interest expenses that are paid by the parent and that would be deductible under the Income Tax Act (Canada).

Net self-employment income

10 Where the parent’s net self-employment income is determined by deducting an amount for salaries, benefits, wages or management fees, or other payments, paid to or on behalf of persons with whom the parent does not deal at arm’s length, include that amount, unless the parent establishes that the payments were necessary to earn the self-employment income and were reasonable in circumstances.



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Additional amount

11 Where the parent reports income from self-employment that, in accordance with sections 34.1 and 34.2 of the Income Tax Act (Canada), includes an additional amount earned in a prior period, deduct the amount earned in the prior period, net of reserves.

Capital cost allowance for property

12 Include the parent’s deduction for an allowable capital cost allowance with respect to real property.

Partnership or sole proprietorship income

13 Where the parent earns income through a partnership or sole proprietorship, deduct any amount included in income that is properly required by the partnership or sole proprietorship for purposes of capitalization.

Employee stock options with a Canadian-controlled private corporation

14 Where the parent has received, as an employee benefit, options to purchase shares of a Canadian-controlled private corporation, or a publicly traded corporation that is subject to the same tax treatment with reference to stock options as a Canadian-controlled private corporation, and has excercised those options during the year, add the difference between the value of the shares at the time of the options are exercised and the amount paid by the parent for the shares, and any amount paid by the parent to acquire the options to purchase the shares, to the income for the year in which the options are exercised.

Disposal of shares

15 If the parent has disposed of the shares during a year, deduct from the income for that year the difference that is determined under section 14 of this Schedule.

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Family Law Act

FAMILY LAW ACT GENERAL REGULATION





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Table of Contents

1 Definitions 2 Consent to order 3 Enforcement officer’s report 4 Disclosure of financial information 5 Courses and programs 6 Forms 7 Coming into force

Definitions

1(1) In this Regulation,


(b) “party” means a party as defined in the Provincial Court Procedures (Family Law) Regulation.

(2) Words and expressions that are used in section 4 and that are not defined in this section have the meanings assigned to them under the Income Tax Act (Canada).

Consent to order

2(1) The consent of a gestational carrier to an order under section 12 of the Act must contain the following statements:

(a) that the person giving the consent is the gestational carrier as defined in section 12 of the Act;

(b) that the gestational carrier delivered or gave birth to a child and the date on which the birth occurred;

(c) that the gestational carrier understands that she is the mother of the child unless the court makes an order declaring the genetic donor to be the mother of the child;

(d) that the gestational carrier understands that the genetic donor is applying to the court for an order declaring that the genetic donor is the mother of the child;

(e) that the gestational carrier understands that the court cannot make an order declaring the genetic donor to be the mother of the child unless the gestational carrier consents to the application;

(f) that the gestational carrier understands that if she consents to the application, the genetic donor will be declared to be the sole mother of the child and will be deemed to be the mother



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at and from the time of birth of the child, and the gestational carrier will cease to be recognized as the mother of the child and to have any rights with respect to the child;

(g) that the gestational carrier freely and voluntarily consents to the genetic donor’s application for an order declaring her to be the mother of the child, and understands that by her consent she gives up her right to be recognized as the mother of the child and to have any other rights with respect to the child.

(2) The consent of the gestational carrier must be signed and dated by her and witnessed by another person.

Enforcement officer’s report

3 A report for the purposes of section 45 of the Act must contain the following information:

(a) the names of the applicant, the respondent and the child or children and any other persons who were present, if known to the enforcement officer;

(b) the name of the enforcement officer making the report and the date on which the events described in the report took place;

(c) a description of the events and circumstances relating to the assistance that was provided, including the steps taken to give assistance to the applicant and comply with the directions of the court, and whether the child or children named in the enforcement order were brought to the applicant.

Disclosure of financial information

4(1) A party who is applying for a spousal support or adult interdependent partner support order must include the following with the application:

(a) a copy of every personal income tax return filed by the party for each of the 3 most recent taxation years;

(b) a copy of every notice of assessment or reassessment issued to the party for each of the 3 most recent taxation years;

(c) if the party is an employee, a copy of each of the party’s 3 most recent statements of earnings indicating total earnings paid in the year to date, including overtime, or where such a statement is not provided by the employer, a letter from the



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employer setting out that information and the rate of annual salary or remuneration;

(d) if the party receives income from employment insurance, social assistance, a pension, workers’ compensation, disability payments, dividends or any other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year or, if such a statement is not provided, a letter from the appropriate authority stating the required information;

(e) if the party is a student, a statement indicating the total amount of student funding received during the current academic year, including loans, grants, bursaries, scholarships and living allowances;

(f) if the party is self-employed,

(i) particulars or copies of every cheque issued to the party during the 6 most recent weeks from any business or corporation in which the party has an interest or to which the party has rendered a service,

(ii) the financial statements of the party’s businesses or professional practices for the 3 most recent taxation years, and

(iii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to the party or to individuals or corporations with whom the party does not deal at arm’s length, for the 3 most recent taxation years;

(g) if the party is a partner in a partnership, confirmation of the party’s income and draw from, and capital in, the partnership for its 3 most recent taxation years;

(h) if the party has an interest of 1% or more in a privately held corporation

(i) the financial statements of the corporation and any subsidiaries of it for its 3 most recent taxation years, and

(ii) a statement showing a breakdown of all salaries, wages, management fees and other payments or benefits paid to the party, or to individuals or corporations with whom the corporation, and every related corporation, does not deal at arm’s length, for the 3 most recent taxation years;



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(i) if the party is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s 3 most recent financial statements;

(j) copies of all bank account statements and cancelled cheques solely or jointly in the party’s name for the 6 most recent months;

(k) copies of credit card statements for all credit cards solely or jointly in the party’s name for the 3 most recent months;

(l) copies of the most recent statements for all RRSPs, pensions, term deposit certificates, guaranteed investment certificates, stock accounts and other investments in the party’s name or in which the party has an interest;

(m) the party’s monthly budget of expenses;

(n) a sworn itemized list of the party’s income, assets and liabilities.

(2) A party who is served with an application for a spousal support or adult interdependent partner support order must, within 30 days after the application is served if the party resides in Canada or the United States or within 60 days if the party resides elsewhere, or within another time period specified by the court, provide to the court and the other party the documents referred to in subsection (1).

(3) The financial information in respect of an order for spousal support or adult interdependent partner support that may be ordered by a court under section 65(5) of the Act to be provided by an employer, partner or principal of the party or by any other person includes any document listed in subsection (1)(a) to (n) that is within the knowledge of or shown on a record in the custody or under the control of the employer, partner, principal or other person.

(4) The financial information in respect of an order for child support that may be ordered by a court under section 65(5) of the Act to be provided by an employer, partner or principal of the parent or by any other person includes any document listed in section 21(1) of the Alberta Child Support Guidelines that is within the knowledge of or shown on a record in the custody or under the control of the employer, partner, principal or other person.

Courses and programs

5 For the purposes of section 98 of the Act, the court may require the parties to a proceeding under the Act to attend the Parenting After Separation Seminar.



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Forms

6(1) The Minister may establish the forms to be used in proceedings under the Act in accordance with this section.

(2) The forms to be used on the coming into force of the Act are the forms established by the Minister.

(3) Where additional forms, or changes to the established forms, are required, a committee established under the Government Organization Act with representation from the Court of Appeal, the Court of Queen’s Bench, the Provincial Court, the Law Society of Alberta and the Minister may make recommendations

(a) to the Rules of Court Committee established under the Court of Queen’s Bench Act in respect of the forms to be used in proceedings under the Act in the Court of Queen’s Bench and in the Court of Appeal, and

(b) to the Chief Judge of the Provincial Court in respect of the forms to be used in proceedings under the Act in the Provincial Court.

(4) After considering the recommendations of the committee, the Rules of Court Committee may make recommendations to the Minister in respect of the forms to be used in the Court of Queen’s Bench and in the Court of Appeal, and the Minister may establish the forms in accordance with the recommendations of the Rules of Court Committee.

(5) After considering the recommendations of the committee, the Chief Judge of the Provincial Court may make recommendations to the Minister in respect of the forms to be used in the Provincial Court, and the Minister may establish the forms in accordance with the recommendations of the Chief Judge.

Coming into force



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Family Law Act

PROVINCIAL COURT PROCEDURES (FAMILY LAW) REGULATION



Table of Contents

1 Application 2 Initiating a claim 3 Service of claim documents 4 Respondent’s response 5 Service of response documents 6 Response to respondent’s request for additional order 7 Failure of respondent to comply with Regulation 8 Hearing 9 Appeal 10 Costs of action 11 Duty of lawyer 12 Address for service 13 Manner of service 14 Disclosure of financial information 15 Coming into force

Application

1(1) In this Regulation,


(b) “Court” means the Provincial Court;

(c) “file” means to file with the clerk of the Provincial Court.

(2) For the purposes of the Act and the regulations made under the Act, “party” means, in respect of an application under the Act, any one or more of the following:

(a) a person named as an applicant or a respondent in the application;

(b) a person identified in any enactment as a party to the application;

(c) a public official, including the Director acting under Part 5 of the Income and Employment Supports Act, who pursuant to any enactment has the right to commence, defend, intervene



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in or take any step in respect of the application and exercises that right;

(d) a person added as a party by the court hearing the application.

(3) A reference to the appropriate form in this Regulation is a reference to the form established by the Minister in accordance with the Family Law Act General Regulation made pursuant to the Act.

(4) Where the Minister has not established the form of statement or reply statement referred to in this Regulation,

(a) the party required to file that statement or reply statement must instead swear and file an affidavit containing the evidence to support that party’s application or response, as the case may be, and

(b) a blank reply statement need not be served.

Initiating a claim

2(1) The applicant for an order described in Parts 1 to 4 of the Act must file a claim in the appropriate form that sets out the order being applied for.

(2) The applicant may ask the Court to grant more than one order, using only one claim form.

(3) The applicant must also swear and file a statement in the appropriate form for each of the orders applied for.

(4) The applicant may also swear and file a supplementary affidavit.

Service of claim documents

3(1) The applicant must serve each person named in the claim as a respondent, and each person who is required by the Act to be served, with

(a) a copy of the documents filed under section 2,

(b) a blank response in the appropriate form, and

(c) a blank reply statement in the appropriate form for each of the orders applied for.

(2) The documents referred to in subsection (1) must be served

(a) personally, and



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(b) at least 10 days before the date set out in the claim or within any other period the Court considers appropriate.

(3) When computing time for the purposes of this section, weekends and holidays are not to be included in the calculation.

Respondent’s response

4(1) A respondent who wishes to respond to the applicant’s claim must file the form referred to in section 3(1)(b) and must swear and file the reply statement referred to in section 3(1)(c).

(2) The respondent may, in the response, ask the Court to grant one or more additional orders and, in that event, the respondent must swear and file a statement in the appropriate form for each additional order requested.

(3) The respondent may also swear and file a supplementary affidavit.

Service of response documents

5(1) The respondent must serve the applicant and any other party with

(a) a copy of the documents filed under section 4, and

(b) where the respondent has asked the Court to grant one or more additional orders, a blank reply statement in the appropriate form for each of the additional orders requested in the respondent’s response.

(2) The documents referred to in subsection (1) must be served at least 5 days before the date set out in the claim or within any other period the Court considers appropriate.

(3) When computing time for the purposes of this section, weekends and holidays are not to be included in the calculation.

Response to respondent’s request for additional order

6(1) Any party who wishes to respond to the respondent’s request that the Court grant one or more additional orders must swear and file the reply statement referred to in section 5(1)(b).

(2) Any party who completes a reply statement under subsection (1) must serve the respondent and any other party with a copy of the reply statement at least 24 hours before the date set out in the claim.



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Failure of respondent to comply with Regulation

7 Where a respondent attends at the Court for the hearing but has not completed, filed and served the documents required by this Regulation, the Court may proceed to determine all matters before it.

Hearing

8(1) The Court may hear all or any part of a matter by way of telecommunication.

(2) An oath may be administered by telecommunication.

Appeal

9(1) Subject to subsection (2), a party may appeal to the Court of Queen’s Bench any decision of the Court.

(2) A party must apply to the Provincial Court for leave to appeal under subsection (1) where the decision to be appealed

(a) is a consent order or judgment, or

(b) is an order or judgment that relates only to costs.

Costs of action

10(1) Subject to subsection (2) and any other enactment, the Court may at any time in any proceeding before it, on any conditions it considers appropriate, award costs in respect of any matter under the Act.

(2) The Court may not award costs under subsection (1) against a director under the Child, Youth and Family Enhancement Act.

Duty of lawyer

11(1) Every lawyer who acts on behalf of a party in a proceeding under the Act must file a certificate in the appropriate form in accordance with section 5 of the Act.

(2) Subsection (1) does not apply where the lawyer is legal counsel for a director under an enactment.

Address for service

12(1) For the purposes of this Regulation, the address for service is,

(a) for the applicant, the address provided in the claim filed under section 2 or as otherwise provided to the Court and all



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other parties in writing or on the record during a court appearance,

(b) for the respondent, the address provided in the response filed under section 4 or as otherwise provided to the Court and all other parties in writing or on the record during a court appearance, and

(c) for any other party, the address provided by the party to the Court and all other parties in writing or on the record during a court appearance.

(2) Where any party is represented by a lawyer, that party’s address for service is the lawyer’s address, as provided in the certificate referred to in section 11 or as otherwise provided in writing.

Manner of service

13(1) Personal service is effected on an individual by leaving with the individual a copy of the document to be served.

(2) Personal service of a document is not required where the person to be served, by that person’s lawyer, accepts service.

(3) All documents except those listed in section 3(1) may be served

(a) by means of a telecopier on the lawyer for the person to be served if the lawyer has provided a telecopier number in the certificate referred to in section 11 or otherwise in writing,

(b) by prepaid registered mail to the address for service,

(c) by leaving the document at the address for service, or

(d) as directed by the Court.

Disclosure of financial information

14(1) Where a written request for financial information has been made under section 65(1) or (4) of the Act, that information shall be provided

(a) within 30 days after the request is received where the party receiving the request resides in Canada or the United States, or

(b) within 60 days after the request is received where the party receiving the request resides outside Canada and the United States.



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(2) A request for financial information in the appropriate form is a written request for financial information for the purposes of section 65(1) and (4) of the Act.

Coming into force


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


Family Law Act Provincial Court Act

INTAKE AND CASEFLOW MANAGEMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 385/2005) on July 26, 2005 pursuant to section 107 of the Family Law Act and section 9 of the Provincial Court Act.

Table of Contents

1 Definitions 2 Starting an application 3 Scheduling a caseflow conference 4 Caseflow conference may precede

respondent’s response 5 Attendance at caseflow conference 6 Service on and attendance of director 7 Non-attendance by applicant or respondent 8 Caseflow conference 9 Adjournments 10 Scheduling of judicial dispute resolution conferences 11 Tracking applications 12 Collection and disclosure of information 13 Exemption 14 Forms 15 Impartiality 16 Non-confidentiality 17 Applicable districts and facilities 18 Repeal 19 Coming into force

Definitions

1 In this Regulation,


AR 150/2005 FAMILY LAW; PROVINCIAL COURT

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(a) “application” means an application to the Court

(i) for an order under the Family Law Act respecting parenting, guardianship, contact with a child or enforcement of time with a child, or

(ii) under the Extra-provincial Enforcement of Custody Orders Act respecting the enforcement or variation of a custody order or the making of a custody order;

(b) “caseflow conference” means a conference that has been scheduled between a caseflow coordinator and the applicant and the respondent, and their legal counsel, if any, to explore settlement options, facilitate settlement and facilitate the applicant’s and respondent’s access to the Court;

(c) “caseflow coordinator” means a coordinator of the Court’s intake and caseflow management program;

(d) “Court” means the Provincial Court;

(e) “director” means a person designated as a director under the Child, Youth and Family Enhancement Act;

(f) “intake counsellor” means an employee of the Government of Alberta who is a family court counsellor.

Starting an application

2(1) Before filing an application with the clerk of the Court, an applicant who is not represented by legal counsel must consult with an intake counsellor about options and possible referrals.

(2) Before filing an application with the clerk of the Court, legal counsel for the applicant must inform the applicant of the option to schedule a caseflow conference.

(3) A respondent who wishes to respond to an application may consult with an intake counsellor about options and possible referrals.

Scheduling a caseflow conference

3(1) On filing an application, the clerk of the Court must schedule a caseflow conference to occur prior to a Court hearing

(a) in each case where the applicant is not represented by legal counsel, and

(b) where the applicant is represented by legal counsel, if the applicant requests it.



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(2) A caseflow coordinator may waive the requirement to schedule a caseflow conference if, in the opinion of the caseflow coordinator, it is appropriate for the application to proceed directly to a Court hearing.

(3) Where the clerk has scheduled a caseflow conference, the applicant must serve a notice of the date, time and location of the caseflow conference on the same persons who are to be served with the application to which the caseflow conference relates in the same manner as that application is to be served.

Caseflow conference may precede respondent’s response

4 The caseflow conference may proceed before the respondent has filed and served a response to the application pursuant to the Provincial Court Procedures (Family Law) Regulation.

Attendance at caseflow conference

5(1) The applicant and the respondent must attend the caseflow conference and may attend with or without legal counsel.

(2) Any other person served under section 3(3) may attend the caseflow conference or portions that are relevant to that person.

(3) In addition to the persons served under section 3(3), the following may attend the caseflow conference:

(a) legal counsel;

(b) intake counsellor;

(c) any other person at the discretion of the caseflow coordinator.

Service on and attendance of director

6(1) Where the application relates to a child who is in the custody or comes under the custody of a director, the applicant must serve the director with notice of the date, time and location of the caseflow conference.

(2) A director served under subsection (1) is not required to attend the caseflow conference but may make submissions in writing or otherwise to the caseflow coordinator.

Non-attendance by applicant or respondent

7(1) Where a caseflow conference has been scheduled and the applicant does not attend, the caseflow coordinator must notify the



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clerk of the Court that the applicant did not attend and the application may be recorded as having been abandoned.

(2) Where a caseflow conference has been scheduled and a respondent who has been served under section 3(3) does not attend,

(a) the caseflow coordinator

(i) must notify the clerk of the Court that the respondent did not attend,

(ii) must inform the clerk of the Court whether the respondent indicated in writing agreement or disagreement with the order or orders applied for, and

(iii) may arrange for the preparation of a form of order for the Court’s consideration or arrange for the applicant to proceed directly to a Court hearing without further notice to the respondent,

and

(b) the Court may make an order without further notice to the respondent.

Caseflow conference

8(1) When a caseflow conference proceeds with the applicant and respondent in attendance, the caseflow coordinator must offer to assist them to explore options and review documentation required for the application to proceed and inform them of the process to be followed.

(2) Where the issues are resolved, the caseflow coordinator may arrange for the preparation of a form of consent order and forward it to the Court for its decision.

(3) Where the issues are not resolved, the caseflow coordinator

(a) may, with the consent of the applicant and respondent, refer them to mediation, to an intake counsellor or to other agencies, as appropriate, or

(b) may assist the applicant and respondent to consider their options, including judicial dispute resolution and a Court hearing.

(4) Where the issues are not resolved and the applicant and respondent do not agree on subsequent proceedings, the caseflow coordinator shall refer them to a Court hearing.



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Adjournments

9(1) Where a caseflow conference has been scheduled, the caseflow coordinator may adjourn it to another time and place or indefinitely.

(2) The caseflow coordinator may request that the clerk of the Court adjourn a hearing to another time and place or indefinitely

(a) if the applicant consents to the adjournment and the respondent has not been served with notice of the Court hearing, or

(b) if the respondent has been served with notice of the Court hearing, and the applicant and the respondent consent to the adjournment.

Scheduling of judicial dispute resolution conferences

10 The caseflow coordinator may schedule a judicial dispute resolution conference when the caseflow coordinator considers it appropriate and if the applicant and the respondent consent.

Tracking applications

11 The caseflow coordinator must monitor the progress of an application through the proceedings referred to in this Regulation.

Collection and disclosure of information

12(1) The caseflow coordinator may collect the following information for the purpose of evaluation respecting this Regulation:

(a) demographic information contained in the application or in a court document relating to the application;

(b) contact information for the applicant and the respondent and their legal counsel, if any.

(2) Information collected under this section may be disclosed in a summary or statistical form.

Exemption

13(1) Notwithstanding anything in this Regulation, the applicant or the respondent may apply to the Court, on giving at least 2 days’ notice to the other party, for an order exempting the applicant or respondent from the requirement to comply with all or part of this Regulation, and the Court may exempt the applicant or respondent if the Court considers that there is good and sufficient reason to do so.



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(2) The Court may waive the requirement to give at least 2 days’ notice.

Forms

14 All documents filed under this Regulation must be in a form satisfactory to the Court.

Impartiality

15(1) A caseflow coordinator must act impartially.

(2) Neither the applicant nor the respondent may call the caseflow coordinator as a witness to testify on that person’s behalf in any proceedings before the Court respecting the caseflow conference.

Non-confidentiality

16 A caseflow conference is not confidential.

Applicable districts and facilities

17 This Regulation applies in respect of a judicial district or a Court facility only if the chief judge of the Court has designated that district or facility for the purposes of this Regulation.

Repeal

18 The Intake and Caseflow Management Rules (AR 163/2001) are repealed.

Coming into force


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


Income and Employment Supports Act

INCOME SUPPORTS, HEALTH AND TRAINING BENEFITS AMENDMENT REGULATION


For information only: Made by the Lieutenant Governor in Council (O.C. 357/2005) on July 26, 2005 pursuant to sections 18 and 50 of the Income and Employment Supports Act.


AR 151/2005 INCOME AND EMPLOYMENT SUPPORTS

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1 The Income Supports, Health and Training Benefits Regulation (AR 60/2004) is amended by this Regulation.

2 Section 6 is amended

(a) by adding the following after subsection (1):

(1.1) In this section, “cash gift of a non-recurring nature” includes payments made by a First Nation, in equal amounts, to each person on the Band List of the First Nation but does not include payments described in subsection (4)(a)(xxii).

(b) in subsection (4)(a)(xvii) by striking out “$75 per month” and substituting “$900 each year”.

3 Schedule 1, Part 2, section 3(1)(d) is amended

(a) by adding “for a household unit” after “per month”;

(b) by repealing subclauses (i) and (ii).

4 Section 3 comes into force on October 1, 2005.

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


Marketing of Agricultural Products Act

ALBERTA MILK MARKETING AMENDMENT REGULATION


For information only: Made by Alberta Milk on July 25, 2005 pursuant to sections 26 and 27 of the Marketing of Agricultural Products Act.

1 The Alberta Milk Marketing Regulation (AR 151/2002) is amended by this Regulation.

2 Section 1(1) is amended

(a) by repealing clauses (a), (b), (c), (d), (d.1), (e), (f) and (g) and substituting the following:

(a) “cheddar-type cheese” means a cheese that is firm or semi-soft, unripened, unwashed curd cheese with a


AR 152/2005 MARKETING OF AGRICULTURAL PRODUCTS

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minimum milk fat content of 25% and a maximum moisture content of 45%;

(b) “cream” means fluid milk that contains not less than 5% milk fat but does not include farm-separated cream;

(b) by repealing clauses (l), (n), (q), (w), (x), (bb), (cc), (dd) and (ee);

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

(s.1) “Inhibitor Grade” means the grade of a producer’s milk determined under sections 30 and 30.2;

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

(v.1) “partly skimmed milk” means fluid milk that contains less than 3.25% milk fat and not less than 8.25% milk solids-not-fat;

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

(aa.1) “Quality Grade” means the grade of a producer’s milk determined under sections 30 and 30.1;

3 Section 7 is amended by adding the following after subsection (2):

(2.1) Alberta Milk may suspend a producer’s licence if Alberta Milk grades the producer’s milk under sections 30, 30.1 and 30.2 as

(a) Inhibitor Grade 5,

(b) Inhibitor Grade 6,

(c) Quality Grade 6, or

(d) Quality Grade 7.

(2.2) Alberta Milk may cancel a producer’s licence if Alberta Milk grades the producer’s milk under sections 30, 30.1 and 30.2 as

(a) Inhibitor Grade 7, or

(b) Quality Grade 8.

4 The following is added after section 7:



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Reinstatement of licence 7.1(1) Alberta Milk may reinstate a producer’s licence that was suspended under section 7(2.1) if

(a) Alberta Milk receives written confirmation from an analyst at an approved laboratory that samples of milk produced after the licence was suspended taken from the producer’s bulk milk tanks meet the requirements of Schedule 2 to the Dairy Industry Regulation (AR 139/99), and

(b) an inspector under the Dairy Industry Act inspects the producer’s dairy farm after written confirmation is received by Alberta Milk under clause (a) and verifies that the producer’s bulk milk tanks are empty and clean.

5 Section 10(2)(a) is repealed and the following is substituted:

(a) for marketing and nutrition education

(i) $1.19 for each hectolitre, as of August 1, 2005;

(ii) $1.27 for each hectolitre, as of January 1, 2006;

(iii) $1.29 for each hectolitre, as of January 1, 2007;

6 Section 17 is amended by striking out “adjust the quota of any producer” and substituting “reduce a producer’s quota under section 14 or 16”.

7 Section 18(3) is amended by striking out “and 19” and substituting “and 19(1)”.

8 Section 19 is amended

(a) by adding the following after subsection (1):

(1.1) Alberta Milk may suspend a producer’s quota if the producer’s licence is suspended under section 7(2.1).

(1.2) Alberta Milk must reinstate a producer’s quota suspended under subsection (1.1) if the producer’s licence is reinstated under section 7.1.



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(b) in subsection (2) by adding “or suspended under subsection (1.1)” after “subsection (1)”.

9 Sections 25 and 26 are repealed and the following is substituted:

Milk allocation 25(1) Subject to an agreement entered into pursuant to the Alberta Milk Negotiation and Arbitration Regulation (AR 153/2002), regulated product may be allocated and directed to processors or transferred between processors in accordance with the directives and administrative orders of Alberta Milk.

(2) Payment for milk transferred under subsection (1) must be calculated and then invoiced or credited to processors in accordance with the directives and administrative orders of Alberta Milk.

(3) Subject to an agreement between Alberta Milk and a processor, all costs related to the transportation of milk under this section are the responsibility of Alberta Milk.

10 Section 27 is amended by repealing subsections (2) and (3) and substituting the following:

(2) Regulated product is classified as follows:

(a) class 1 milk, which consists of the following sub-classes of milk:

(i) sub-class 1a milk, which means milk and milk beverages in liquid form for retail and food service and includes the following:

(A) standard milk, partly skimmed milk and skim milk, whether or not the milk is treated for lactose intolerance or has flavourings, vitamins or minerals added;

(B) eggnog;

(C) cordials;

(D) cultured milk;

(E) milkshakes;

(F) concentrated milk to be reconstituted as fluid milk;



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(ii) sub-class 1b(i) milk, which means cream with a milk fat content of not less than 5% for retail and food service;

(iii) sub-class 1b(ii) milk, which means milk used pursuant to an authorization by Alberta Milk in the manufacture of fresh cream with a milk fat content of 32% and higher that is used to make fresh baked goods;

(iv) sub-class 1c milk, which means milk used in the manufacture of new fluid milk products of the types set out in class 1a and class 1b for retail and food service approved by Alberta Milk for an introductory period;

(v) sub-class 1d milk, which means milk used in the manufacture of fluid milk products of the types set out in class 1a and class 1b, marketed outside the provinces that are signatories to the federal-provincial agreement known as the National Milk Marketing Plan but within the territorial jurisdiction of Canada;

(b) class 2 milk, which means milk used in the manufacture of

(i) all types of ice cream, ice cream mix, yogurt and kefir, whether frozen or not;

(ii) all types of sour cream;

(iii) frozen dairy products not referred to in subclause (i);

(iv) fudge, puddings, meal replacements, soup mixes, infant formula, caffeinate and Indian sweets;

(c) class 3 milk, which consists of the following sub-classes of milk:

(i) sub-class 3a milk, which means milk used in the manufacture of all types of cheese other than those identified in sub-class 3b and all types of cheese curds other than stirred;

(ii) sub-class 3b milk, which means milk used in the manufacture of all types of cheddar cheese, stirred curd, cream cheese, creamy cheese bases, cheddar and cheddar-type cheeses which are sold fresh;

(d) class 4 milk, which consists of the following sub-classes of milk:

(i) sub-class 4a milk, which means milk used in the manufacture of the following:



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(A) all types of butter and butteroil;

(B) all types of milk powder;

(C) concentrated milk used as an ingredient in the food industry;

(D) all products not referred to elsewhere in this section;

(ii) sub-class 4a1 milk, which means milk components used pursuant to an authorization by Alberta Milk for the manufacture of rennet casein (dry or curd) or milk protein concentrate to be used in the manufacture of non-standardized final products in the processed cheese category;

(iii) sub-class 4b milk, which means milk used in the manufacture of concentrated milk for retail sale whether sweetened or not;

(iv) sub-class 4c milk, which means milk used in the manufacture of new industrial products as approved by Alberta Milk for an introductory period;

(v) sub-class 4d milk, which means milk involved in inventory and dairy plant losses;

(vi) sub-class 4m milk, which means milk components for marginal markets as established from time to time by the Canadian Milk Supply Management Committee under the National Milk Marketing Plan;

(e) class 5 milk, which consists of the following sub-classes of milk:

(i) sub-class 5a milk, which means milk used pursuant to an authorization by Alberta Milk in the manufacture of cheese used as an ingredient for further processing for the domestic and export market;

(ii) sub-class 5b milk, which means milk used pursuant to an authorization by Alberta Milk in the manufacture of other dairy products used as ingredients for further processing for the domestic and export market;

(iii) sub-class 5c milk, which means milk used pursuant to an authorization by Alberta Milk in the manufacture of dairy products used as ingredients for the confectionery sector destined for domestic and export market;



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(iv) sub-class 5d milk, which means milk used pursuant to an authorization by Alberta Milk in the manufacture of planned exports and other exports approved by the Canadian Milk Supply Management Committee, the total of which shall not exceed Canada’s World Trade Organization commitments.

11 Section 30 is repealed and the following is substituted:

Raw milk grades 30(1) In this section,

(a) “raw milk” does not include farm-separated cream;

(b) “Schedule 2” means Schedule 2 to the Dairy Industry Regulation (AR 139/99).

(2) For the purposes of this section, milk is received when it is transferred from a bulk milk tank to a milk transport vehicle.

(3) Each month Alberta Milk must determine the Quality Grade of a producer’s milk that is received by a processor in accordance with this section and section 30.1.

(4) Each month Alberta Milk must determine the Inhibitor Grade of a producer’s milk that is received by a processor in accordance with this section and section 30.2.

(5) To determine the Quality Grade and Inhibitor Grade of the producer’s milk Alberta Milk must only use the results of tests carried out by an analyst at an approved laboratory of the following samples of a producer’s raw milk:

(a) samples taken by a bulk milk grader under section 40 of the Dairy Industry Regulation (AR 139/99) on or after August 1, 2005 and delivered under subsection (6) of that section;

(b) samples taken by the Director or an inspector under section 8(2) of the Dairy Industry Act on or after August 1, 2005.

(6) For the purpose of determining the grades of a producer’s milk

(a) a bacteria infraction has occurred each time a test of a sample referred to in subsection (5) indicates that the producer’s milk does not meet the requirements of Schedule 2 with respect to total living mesophyllic aerobic bacteria count,



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(b) a somatic cell infraction has occurred

(i) if the average of test results of samples referred to in subsection (5)(a) that were taken in a month and tested for somatic cells indicate that the producer’s milk does not meet the requirements of Schedule 2 with respect to somatic cells, and

(ii) each time a test of a sample referred to in subsection (5)(b) indicates that the producer’s milk does not meet the requirements of Schedule 2 with respect to somatic cells,

(c) an inhibitor infraction has occurred each time a test of a sample referred to in subsection (5) indicates that the producer’s milk does not meet the requirements of Schedule 2 with respect to inhibitors and drug residues, and

(d) a freezing point infraction has occurred each time a test of a sample referred to in subsection (5) indicates that the producer’s milk does not meet the requirements of Schedule 2 with respect to freezing point.

Quality Grade 30.1(1) In this section, “other infraction” means other bacteria infraction, somatic cell infraction or freezing point infraction.

(2) The Quality Grade of a producer’s milk for a particular month is Grade 1 if all of the following apply:

(a) there is

(i) no bacteria infraction during that month, or

(ii) one bacteria infraction during that month and there were no other bacteria infractions in the preceding 5 months;

(b) there is

(i) no somatic cell infraction during that month, or

(ii) one somatic cell infraction during that month and no other somatic cell infractions in the preceding 5 months;

(c) there is no freezing point infraction during that month.

(3) The Quality Grade of a producer’s milk for a particular month is Grade 2 if any of the following apply:



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(a) there is a bacteria infraction during that month, one other bacteria infraction in that month or in the preceding 5 months and no other infractions in that month or in the preceding 11 months;

(b) there is a somatic cell infraction during that month, one other somatic cell infraction in that month or in the preceding 5 months and no other infractions in that month or in the preceding 11 months;

(c) there is one freezing point infraction during that month and no other infractions in that month or in the preceding 11 months.


(a) there is a bacteria infraction during that month, a second bacteria infraction in that month or in the preceding 5 months and one other infraction in that month or in the preceding 11 months;

(b) there is a somatic cell infraction during that month, a second somatic cell infraction in that month or in the preceding 5 months and one other infraction in that month or in the preceding 11 months;

(c) there is a freezing point infraction during that month and one other infraction in that month or in the preceding 11 months.


(a) there is a bacteria infraction during that month, a second bacteria infraction in that month or in the preceding 5 months and 2 other infractions in that month or in the preceding 11 months;

(b) there is a somatic cell infraction during that month, a second somatic cell infraction in that month or in the preceding 5 months and 2 other infractions in that month or in the preceding 11 months;

(c) there is a freezing point infraction during that month and 2 other infractions in that month or in the preceding 11 months.




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(8) Notwithstanding subsections (2) to (7), the Quality Grade of a producer’s milk for a particular month is Grade 7 if any of the following apply:



(c) there is a freezing point infraction during that month and 5 other infractions in that month or in the preceding 11 months;



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(d) there is a bacteria infraction, somatic cell infraction or freezing point infraction during that month and in the 180 days preceding the first bacteria infraction, somatic cell infraction or freezing point infraction that occurred during that month the producer’s licence was reinstated under section 7.1 after being suspended under section 7(2.1)(a) or (c).

(9) Notwithstanding subsections (2) to (8), the Quality Grade of a producer’s milk for a particular month is Grade 8 if any of the following apply:



(c) there is a freezing point infraction during that month and 6 or more other infractions in that month or in the preceding 11 months;

(d) there is a bacteria infraction, somatic cell infraction or freezing point infraction during that month and in the 180 days preceding the first bacteria infraction, somatic cell infraction or freezing point infraction that occurred during that month the producer’s licence was reinstated under section 7.1 after being suspended under section 7(2.1)(b) or (d).

Inhibitor Grade 30.2(1) The Inhibitor Grade of a producer’s milk for a particular month is Grade 1 if there is no inhibitor infraction during that month.

(2) The Inhibitor Grade of a producer’s milk for a particular month is Grade 2 if there is one inhibitor infraction during that month and no other inhibitor infractions in that month or in the preceding 11 months.

(3) The Inhibitor Grade of a producer’s milk for a particular month is Grade 3 if there is an inhibitor infraction during that month and one other inhibitor infraction in that month or in the preceding 11 months.



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(4) The Inhibitor Grade of a producer’s milk for a particular month is Grade 4 if there is an inhibitor infraction during that month and 2 other inhibitor infractions in that month or in the preceding 11 months.

(5) The Inhibitor Grade of a producer’s milk for a particular month is Grade 5 if there is an inhibitor infraction during that month and 3 other inhibitor infractions in that month or in the preceding 11 months.

(6) Notwithstanding subsections (1) to (5), the Inhibitor Grade of a producer’s milk for a particular month is Grade 6 if there is an inhibitor infraction during that month and

(a) there were 4 other inhibitor infractions in that month or in the preceding 11 months, or

(b) in the 180 days preceding the first inhibitor infraction that occurred during that month the producer’s licence was reinstated under section 7.1 after being suspended under section 7(2.1)(a) or (c).

(7) Notwithstanding subsections (1) to (6), the Inhibitor Grade of a producer’s milk for a particular month is Grade 7 if there is an inhibitor infraction during that month and

(a) there were 5 or more other inhibitor infractions that month or in the preceding 11 months, or

(b) in the 180 days preceding the first inhibitor infraction that occurred during that month the producer’s licence was reinstated under section 7.1 after being suspended under section 7(2.1)(b) or (d).

12 Section 31 is repealed and the following is substituted:

Price adjustment 31(1) Subject to subsections (2) and (4), Alberta Milk must reduce the price payable to a producer for regulated product for the month in which an infraction described in section 30 occurs by the amount set out for the Quality Grade of the producer’s milk in clauses (a) to (e) and by the amount set out for the Inhibitor Grade of the producer’s milk in clauses (f) to (i) as follows:

(a) Quality Grade 1 : 0% off of the producer’s gross producer returns;

(b) Quality Grade 2 : 2% off the gross producer returns;



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(c) Quality Grade 3 : 7% off the gross producer returns;

(d) Quality Grade 4 : 10% off the gross producer returns;

(e) Quality Grades 5 to 8 : 15% off the gross producer returns;

(f) Inhibitor Grade 1 : 0% off the gross producer returns;

(g) Inhibitor Grade 2 : 5% off the gross producer returns;

(h) Inhibitor Grade 3 : 10% off the gross producer returns;

(i) Inhibitor Grades 4 to 7 : 15% off the gross producer returns.

(2) The maximum total reduction that may be made under subsection (1) for a month is 15%.

(3) If a producer is subject to a price reduction under subsection (1), Alberta Milk must deduct the appropriate amounts from the gross producer returns and pay the amount deducted to the pool on or before the 15th day after the end of the month in which the infraction occurred.

(4) Alberta Milk may waive or reduce a price reduction under subsection (1) if it is satisfied that it is appropriate to do so, considering any factors Alberta Milk reasonably considers relevant, including the following:

(a) public interest in a good quality milk supply;

(b) reasonable requirements of manufacturers and processors;

(c) effects of the contravention on other milk producers;

(d) any special circumstances of the contravention or the producer;

(e) any measures taken or promised by the producer to prevent further contraventions.

13 Sections 40 and 41 are repealed.




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Processed milk marketing prohibition 43.1(1) A processor shall not market a dairy product set out in column 1 of the table in the Schedule if it does not meet the content requirements set out in column 2 of the table for that product.

(2) A processor shall not market a dairy product that is not set out in column 1 of the table in the Schedule if the milk fat and milk solids-not-fat content of the product is not as described on the container in which the product is being marketed by the processor.


Schedule

Regulated Product

Requirements

sub-class 1a (a) chocolate milk fluid milk that contains not less than 3.25%

and not more than 3.60% milk fat, and not less than 8.25% milk solids-not-fat, to which a chocolate flavour has been added

(b) chocolate partly skimmed 1% milk

fluid milk that contains not less than 1.00% and not more than 1.50% milk fat and not less than 8.25% milk solids-not-fat, to which a chocolate flavour has been added

(c) chocolate partly skimmed 2% milk

fluid milk that contains not less than 2.00% and not more than 2.50% milk fat and not less than 8.25% milk solids-not-fat, to which a chocolate flavour has been added

(d) flavoured milk standard milk, partly skimmed 2% milk, partly skimmed 1% milk or skim milk to which a flavour has been added

(e) partly skimmed milk fluid milk that contains less than 3.25% milk fat and not less than 8.25% solids-not-fat

(f) 1% partly skimmed milk

fluid milk that contains not less than 1.00% and not more than 1.50% milk fat and not less than 8.25% milk solids-not-fat

(g) 2% partly skimmed milk

fluid milk that contains not less than 2.00% and not more than 2.50% milk fat and not less than 8.25% milk solids-not-fat



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(h) skim milk fluid milk that contains not more than 0.10% milk fat and not less than 8.50% milk solids-not-fat

(i) standard milk fluid milk that contains not less than 3.25% milk fat and not more than 3.60% milk fat and not less than 8.25% milk solids-not-fat

(j) buttermilk fluid milk that contains not less than 8.25% milk solids-not-fat and to which lactic acid producing bacteria or similar culture has been added

(k) eggnog fluid milk to which has been added flavouring ingredients and sweeteners plus emulsifiers or stabilizers

sub-class 1(b)(i) (l) cream fluid milk, whether flavoured or not, that

contains not less than 5.00% milk fat

(m) 6% cream fluid milk that contains not less than 6.00% milk fat

(n) 10% cream fluid milk that contains not less than 10.00% milk fat and not more than 10.50% milk fat

(o) 18% cream fluid milk that contains not less than 18.00% milk fat

(p) whipping cream fluid milk that contains not less than 32.00% milk fat

(q) heavy cream fluid milk that contains not less than 40.00% milk fat and that may have sugar added

16 This Regulation comes into force on August 1, 2005.

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