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AR 7/99 COURT FORMS AND PROCEDURES REGULATION

(Consolidated up to 198/2012)

ALBERTA REGULATION 7/99

Protection of Sexually Exploited Children Act

COURT FORMS AND PROCEDURES REGULATION

Table of Contents

                1       Practice, procedure


                2       Non‑compliance

                3       Order format

                4       Application form

                5       Forms

                6       Expiry

Schedule

Practice, procedure

1(1)  In any matter not provided for in the Act or this Regulation, the practice and procedure in the Court, as far as may be, must be regulated by analogy to the Alberta Rules of Court and the procedures followed in the Court of Queen’s Bench.

(2)  The Court may give directions on practice and procedure.

(3)  The Court on application may

                                 (a)    vary a rule of practice or procedure,

                                 (b)    refuse to apply a rule of practice or procedure, or

                                 (c)    direct that some other procedure be followed.

Non-compliance

2(1)  Unless the Court so directs, non‑compliance with this Regulation does not render any act or proceeding void, but the act or proceeding may be set aside either wholly or in part as irregular or amended, or may be otherwise dealt with.

(2)  No proceeding shall be defeated on the ground of an alleged defect of form.

Order format

3(1)  An order may be made in the relevant form set out in the Schedule.

(2)  Unless the Court otherwise directs, an order under the Act may be signed by the clerk of the Court.

(3)  Every order must be dated as of the day on which it is pronounced and the order takes effect from that date, unless the Court otherwise directs.

Application form

4(1)  An application under the Act must be commenced by completing and filing the relevant form set out in the Schedule with the clerk of the Court before the Court hears the application.

(2)  Notwithstanding subsection (1), the Court may hear an application before the relevant form is filed with the clerk of the Court.

Forms

5   The forms to be used in any application to the Court under the Act are the forms in the Schedule.


Expiry

6   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 November 30, 2020.

AR 7/99 s6;354/2003;198/2012

7   Repealed AR 110/2012 s12.

Schedule   

Form 1

In The Provincial Court of Alberta

In the Matter of the Protection of
Sexually Exploited Children Act

Application for an Apprehension Order

 1    Regarding the child,     (name)    , born   (year/month/day)   .

My name is                                                            (name)                        .

                                                                                                       I am a police officer.

                                     I am a person delegated to act for a director pursuant to section 121(3) of the Child, Youth and Family Enhancement Act.

                                                                                                                       

 2      Application

I am applying for an order under section 2 of the Protection of Sexually Exploited Children Act:

                 □    authorizing a police officer or director to apprehend and convey the child to the child’s guardian or to an adult who in the opinion of the person apprehending the child is a responsible adult who has care and control of the child;

                                     authorizing a police officer or director to apprehend and convey the child to a protective safe house and authorizing a director to confine the child for up to 5 days to ensure the safety of the child and to assess the child;

                                     authorizing a police officer or director to enter, by force if necessary, the place or premises specified in my declaration below and to search for and apprehend the child.

                                                                                                                       

 3      Declaration

In support of my application, I solemnly declare:

                                     I have reasonable and probable grounds to believe that this child is sexually exploited because the child is engaging in prostitution or attempting to engage in prostitution as shown by

                                                                                                                                                  

                                                                                                                                                  

                                     I have reasonable and probable grounds to believe that this child may be found at:

                                                                                                                                                   (address)                                  

because     (state grounds)                                                                        

                                                                                                                       

                                                                               (year/month/day)        

  Applicant’s signature

Declared before me at

          (city or town)         ,              Stamp of Commissioner for Oaths

in the Province of Alberta on                                            or                    

  (year/month/day)                                         Seal of Notary Public      

                                                          

Notary Public or Commissioner
for Oaths for Alberta

Form 2

In The Provincial Court of Alberta

In the Matter of                            (name)                                                 

Born on  (year/month/day)

A Child Within the Meaning of the Protection
of Sexually Exploited Children Act

Heard Before The Honourable Judge/               on    (day of week)  ,
Justice of the Peace   (name of Judge)              the (day) of (month),
/Justice of the Peace) at            , Alberta.                          (year)            

Apprehension Order

WHEREAS    (name)   (police officer or director) , has applied for an order authorizing the apprehension of the child;

AND WHEREAS I am satisfied that the applicant has reasonable and probable grounds to believe that the child is sexually exploited because the child is engaging in prostitution or attempting to engage in prostitution;

          IT IS ORDERED THAT a police officer or a director may apprehend the child and convey the child to    (name)   , the child’s guardian, or to    (name)   , who in the opinion of the person apprehending the child is a responsible adult who has care and control of the child;

OR

          IT IS ORDERED THAT a police officer or a director may apprehend the child and convey the child to a protective safe house, where a director may confine the child for up to 5 days and may assess the child;

AND WHEREAS I am satisfied that the child may be found in a place or premises;

          IT IS FURTHER ORDERED THAT a police officer or a director may enter  (place or premises), using force if necessary, in order to search for and apprehend the child.

                  _______________________

                    Judge or Justice of the Peace

Form 3

In The Provincial Court of Alberta

In the Matter of the Protection of
Sexually Exploited Children
Act

Appearance to Show Cause for Confinement

 1      Regarding the child,    (name)   , born   (year/month/day)   .

My name is                                                           (name)                         .

                                     I am a person delegated to act for a director pursuant to section 121(3) of the Child, Youth and Family Enhancement Act.

                                                                                                                       

 2      Appearance to Show Cause for Confinement

I am appearing to show cause why the confinement of the child was necessary, because the child was confined under section 2(10) of the Protection of Sexually Exploited Children Act without an order.

The child was apprehended on             (year/month/day)     .             

The child was confined on  (year/month/day)   at   (name of protective safe house)  .

                                                                                                                       

 3      Declaration

I solemnly declare that I have reasonable and probable grounds to believe it was necessary to confine this child to ensure the safety of this child and to assess the child because                                       and I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

                                                                                     (year/month/day)  

   (Applicant’s signature)

Declared before me at

          (city or town)         ,              Stamp of Commissioner for Oaths

in the Province of Alberta on                                            or                    

  (year/month/day)                                         Seal of Notary Public      

                                                          

Notary Public or Commissioner
for Oaths for Alberta

                                                                                                                       

 4      Notice to the Child

This is your notice that I will be appearing in Court to show cause why you were confined by the director for a period of         days.

The court hearing will be at    (address)    on   (year/month/day)   .

You may attend the hearing and may be represented by a lawyer at any appearance before the Court.  The telephone number of the Child and Youth Advocate, Legal Representation for Children and Youth Office, is                                  .

A judge will hear my information as soon as possible after  (time) .  If you want to speak to the judge about my information, you must attend the hearing.

Form 4

In The Provincial Court of Alberta

In the Matter of the Protection of
Sexually Exploited Children Act

Application and Request for Review of Confinement

 1     Regarding the child,    (name)  , born   (year/month/day)  .

My name is                                                                                                 .

                                                                                                                  I am the child.

                                     I am a guardian of the child.
My address and telephone number are:                                .

                                     I am a person delegated to act for a director pursuant to section 121(3) of the Child, Youth and Family Enhancement Act.

                                                                                                                       

 2      Application to the Court

I am applying for a review of

                                     the director’s decision to confine me in a protective safe house for up to 5 days (only the child may apply)

                                     the Court’s order to confine the child in a protective safe house for        days (the child, guardian or a director may apply)

made on   (year/month/day)   and terminating on   (year/month/day)  .

I am applying for an order to:

                                                                                                   vary the existing order.

                                     terminate the existing order.

I am applying for this review because:                                                  .

                                                                                                                       

 3      Notice of Court Application

This is your notice that I am applying to the Court for a review under the Protection of Sexually Exploited Children Act of

                                     the director’s decision to confine me in a protective safe house for up to 5 days.

                                     the Court’s order to confine the child in a protective safe house for           days.

The court hearing will be at     (address)    on   (year/month/day)  .

A judge will hear my application as soon as possible after   (time)  .  If you want to speak to the judge about my application, you must attend the hearing.

At the end of the hearing, the judge may make an order.  The judge may make an order other than what I apply for.

If you do not attend the court hearing, the judge may still make an order.

                                                                                     (year/month/day)  
(Applicants signature)

Form 5

In The Provincial Court of Alberta

In the Matter of the Protection of
Sexually Exploited Children
Act

Notice and Application for a Confinement Order

 1      Regarding the child,    (name)  , born   (year/month/day)  .

My name is                                                                                                 .

I am a person delegated to act for a director pursuant to section 121(3) of the Child, Youth and Family Enhancement Act.

 2      Application to the Court

This child is the subject of

                                     a director’s authorization for confinement beginning on   (year/month/day)   and terminating on   (year/month/day)  .  I am applying for an order to confine this child for a period of        days.

                                     a Court order confining the child for         days granted   (year/month/day)   and terminating on   (year/month/day)  .  I am applying for a renewal of this confinement order for a further period of        days.

I am of the opinion that the child would benefit from a further period of confinement.  There is evidence to show that

                                   ●    release of this child from a protective safe house presents a risk to the life or safety of the child because the child is unable or unwilling to stop engaging in or attempting to engage in prostitution,

                                   ●    less intrusive measures are not adequate to reduce the risk, and

                                   ●    it is in the best interests of the child to be further confined for the purposes of making programs and other services available to the child in a safe and secure environment.

The evidence is                                                                                           .

 3      Notice to the Child

This is your notice that I am applying to the Court for an order to confine you under the Protection of Sexually Exploited Children Act.  A confinement order authorizes the director to confine you in a protective safe house.

The court hearing will be at     (address)     on   (year/month/day)  .

A judge will hear my application as soon as possible after    (time)   .  If you want to speak to the judge about my application, you must attend the hearing.  At the end of the hearing, the judge may make an order to confine you.

If you do not attend the court hearing, the judge may still make an order.

                                                                                     (year/month/day)  
(Applicants signature)

Form 6

In The Provincial Court of Alberta

In the Matter of                            (name)                                                 

Born on   (year/month/day)  

A Child Within the Meaning of the Protection
of Sexually Exploited Children Act

Heard Before The Honourable Judge/               on    (day of week)  ,
Justice of the Peace   (name of Judge)              the (day) of (month),
/Justice of the Peace) at            , Alberta.                          (year)            

Confinement Order

WHEREAS    (name)   , delegated by a director, has applied for an order for confinement of    (child’s name)   ;

AND WHEREAS I am satisfied that

                                   ●    release of the child from a protective safe house presents a risk to the life or safety of the child because the child is unable or unwilling to stop engaging in or attempting to engage in prostitution,

                                   ●    less intrusive measures are not adequate to reduce the risk, and

                                   ●    it is in the best interests of the child to order a period of further confinement for the purposes of making programs and other services available to the child in a safe and secure environment;

IT IS ORDERED THAT the child be confined in a protective safe house specified by a director for        days commencing forthwith and terminating on the            day of                        , 20     .

                  _______________________

                    Judge or Justice of the Peace

TAKE NOTICE THAT:

1      This order may be reviewed on the application of the child, the child’s guardian or a director.

2      A copy of the form to apply to the Court for a review may be obtained from a director or the person in charge of the protective safe house in which the child is confined.

3      The Court must hear the request for review not more than 5 days after the application is filed with the Court, unless the Court extends the time before the hearing.

4      The child may be represented by a lawyer on any application to the Court.

5      The telephone number of the nearest office of the Child and Youth Advocate, Legal Representation for Children and Youth Office, is                                                                                  .

To:  Clerk of the Court
        A director
        The Child

AR 7/99 Sched.;30/2001;251/2001;27/2002;8/2005;
193/2007;110/2012